Acts and Monuments Volume 1

John Beuerley alias Battild,

John Beuerley alias Battild a laborer was attached by the Vicar of Sowthereke, the parish priest of Waterden and a lawyer, and so delivered unto Mayster Will. Bernā the Bishops Commissary, who sent him to the Castle of Norwich there to be kept in irons: whereas afterward he being brought before the commissary, and having nothing proved against him, he took an oath, that every year afterward he should confess his sins once a yere to his curat and receive the Sacrament at Easter, as other Christians did: and for his offense was enjoined that the Friday and Saturday next after he should fast bread and water, and upon the Saturday to be whipped from the palace of Norwich, going round about by Tomelands, & by S. Michaels Church by Cottle rew, and about the market, having in his hand a wax candle of two pēce, to offer to y ^e image of the Trinity after he had done his penance. And for so much as he confessed that he had eat̄ flesh vpō Easter day and was not shriven in all lent, nor received upon Easter day, the judge enjoined him that he should fast Tuesday, Wednesday and Friday in Whitsonweke, having but one mealt a day of fish and other whitte meats, and after his penance so done, he should depart out of the diocese, & never come there anymore.

John Skilley of Flixton Miller.

John Skilley of Flixton Miller being apprehended and brought before the bishop of Norwich y ^e 14 day of March 1428. for holding & maintaining the Articles above written, was thereupon convict and forced to abjure: and after his abjuration solemnly made (which here to annoyed tediousness we omit) he had a most sharp sentence of penance pronouced against him, the effect whereof being briefly collected, was this: That forsomuch as the said Skilley was convict by his own confession, for holding and maintaining the Articles before written, and for receiving certain good and godly mē into his house, as sir Will. White priest, and John Wadden, whom they called famous, notorious, and damnable heretics, and had now abjured the same, being first absolved from the sentence of excommunication which he had incurred by means of his opinions, he was enjoined for penance 7. years imprisonment in the monastery of Langley, in the diocese of Norwich. And forsomuch as in times past, he used upon the Fridays to eat flesh, he was enjoined to fast bread & water every Friday, by the space of that 7. years to come, and that by the space of 2. years next immediately after the 7. years expired, every wednesday in the beginning of Lēt, & every Maundy thursday, he should appear before the bishop or his successor, or cōmissary for the time being, in the cathedral church of Norwich together with the other penitentiaryes, to do open penance for his offenses.

Besides these there were diverse other of y ^e same company which y ^e same year were forced to like abiuratiō & penance, And so to proceed to the next year following, which was 1429. there ensueth a great mumber in y ^e same register, which were examined and did penance in like sort to the number of 16. or 17. In the number of whom was John Baker otherwise called Usher Tunstall, who for having a book with the Pater noster, the • ue and Creed in English, and for certain other articles of fasting, confession and invocation contrary to the determination of the Romish Church after much vexation for the same, was caused to abjure and sustain such penance, as the other before him had done.

The story of Margery Backster.

ANother was Margery Backster, wife of Will. Backster Wright in Marthā, the same yere accused: against whom one Joan wife of Cliffelande was brought in by the bishop, and compelled to depose, and was made to bring in, in form following.

First, that the said Margerye Backster did inform this deponent, that she should in no case swear, saying to her in english, dame beware of the Be, for every Be will sting, and therefore take heed you swear not, neither by God, neither by our Lady, neither by none other saint: & if ye do contrary, the Be will sting your tongue and venom your soul.

Itē, this deponēt being demanded by y ^e said Margery, what she did every day at church, she answered y ^t the kneled down & said 5. Pater nosters, in worship of the crucifix, & as many Ave Mary's in worship of our Lady, whō Margery rebuked saying: you do evil to kneel or pray to such Images in y ^e churches, for God dwelleth not in such churches, neither shall come down out of heaven, & will give you no more reward for such prayer, then a candle lighted & let under the cover of the font, will give light by night to those which are in the church: saying moreover in english, lewd wrightes, of stocks hew and form such crosses and Images, and after that, lewd paynters glere thē with colors. And if you desire so much to see the true cross of Christ, I will show it you at home in your own house. Which this deponent being desirous to see, the said Margery stretching out her arms abroad, said to this deponēt this is the true cross of Christ, & this cross thou oughtest and mayst every day behold and worship in thine own house, and therefore it is but vain to run to the Church to worship dead crosses and Images.

Itē this deponent being demanded by the said Margery how she believed touching the sacrament of the altar, said that the believed the Sacrament of the altar after the consecratiō, to be the very body of Christ in form of bread. To whom Margery said: your belief is naught. For if every such Sacrament were God, & the very body of christ there should be an infinite number of God's, because that a thousand priests and more do every day make a thousand such God's, and afterward eat them, and void them out again by their hinder partes filthily stinking under y ^e hedges, whereas you may find a great many such God's, if you will seek for them. And therefore know for a certainty, that by the grace of God it shall never be my God, because it is falsely and deceitfully ordained by the priests in the church, to induce the simple people to idolatry, for it is only material bread.

Moreover the said Margery said to this deponēt, that Thomas of Canterbury, whom the people called S. Thomas, was a false traitor and damned in hell, because he injuriously endowed the churches with possessions, and raised up many heresies in the church, which seduce the simple people, and therefore if God be blessed, the said Thomas is accursed, and those false priests that say that he suffered his death patiently before the altar, do lie: For as a false cowardly traitor he was slain in the church door as he was flying away.

Moreover, this deponent saith, that the said Margery told her that the cursed Pope, Cardinals, Archbishops, and bishops, & specially the bishop of Norwich & others that support and maintain heresies and Idolatry, reigning & ruling over the people, shall shortly have the very same or worse mischief fall upon them, thē that cursed mā Thomas of Canterbury had. For they falsely and cursedly deceive the people with their false mammetries & laws, to extort money of the simple folk to sustayn their pride, riot and idleness: And know assuredly that the vengeance of God will speedily come vpō them, which have most cruelly slain the children of God, Father Abraham, & William White, a true preacher of the law of God, and John Wadden, with many other godly men: which vengeance had come upon the said Caiaphas, the Bishop of Norwich & his ministers, which are members of the devil, before this time, if the Pope had not sent over those false pardons unto these parties, which the said Caiaphas had falsely obtained to induce the people to make procession for the state of them and of the church. Which pardons brought the simple people to cursed idolatry.

Item the said Margery said to this deponent, that every faithful man or woman is not bound to fast in Lent, or other days appointed for fasting by the church, & that every man may lawfully eat flesh and all other meats upon the said days and times: and that it were better to eat the fragments left vpō Thursday at night on y ^e fasting days, thē to go to the market to bring themselves in debt to buy fish: and that Pope Sylvester made the Lent.

Item, the said Margery said to this deponēt, that W. White was falsely condemned for an heretic, & that he was a good and holy mā, and that he willed her to follow him to the place of execution, Whereas she saw that whē he would have opened his mouth to speak unto y ^e people to instruct them, a devil one of bishop Caiaphas servants strake him on the lips, and stopped his mouth, that he could in no case declare the will of God.

Item, this deponent saith y ^t the said Margery taught her that she should not go on pilgrimage, neither to our Lady of Walsingame, nor to any other saint or place.

Also this deponent saith, that the said Margery desired her that she & Joan her maid would come secretly in the night to her chamber, & there she should hear her husband read the law of Christ unto them, which law is written in a book that her husband was wont to read to her by night, and that her husband is well learned in the Christian verity.

Also that the same Margery had talked with a woman named Ione West, and that the said woman is in a good way of salvation.

Also that the said Margery said to this deponēt: Ione, it appeareth by your countenance, that you intend to disclose this that I have said unto you: and this deponent sware that she would never disclose it, without the said Margery gave her occasion. Then said Margery unto this deponent if thou do accuse me unto the Bishop, I will do unto thee, as I did once unto a certain Frier a Carmelite of Varmouth which was the best learned Frier in all the country. Then this deponēt desired to know what she had done to the frier. Unto whom Margery answered that she had talked with the said Frier, rebuking him because he did beg, saying that it was no alms to give him any good thing, except he would leave his habit, and go to the plough, and so he should please God more, then following the life of some of those Friers. Then the Frier required of the said Margery whether she could teach him or tell him anything else. Thē the said Margery (as she affirmed to this deponent) declared to this Frier the gospels in enlish, and then the Frier departed from her. After this the same Frier accused the said Margery of heresy, and she understanding that the Frier had accused her: accused the Frier again, that he would have known her carrally, and because she would not consent unto him, the Frier had accused her of heresy. And moreover she said that her husband would have killed the Frier therefore: and so the Frier for fear held his peace, and went his way for shame.

This Margery also said that she had oftentimes been faynedly confessed to the Dean of the fields, because he should think her to be a woman of good life, and therefore he gave the said Margery oftentimes money. Then this deponent asked her whether she had confessed her sins to a priest or not. And she answered that she had never offended any priest, & therefore she would never confess her self to any priest, neither obey him because they have no power to absolve any man from their sins, for that they offend daily more grievously then other men, and therefore that men ought to confess themselves only unto God and to no priest.

Item, the said Margery said to this deponent, that the people did worship devils which fell frō heaven with Lucifer, which devils in their fall to the earth, entered into the Images which stand in the Churches, and have long lurked & dwelled in thē, so that the people worshipping those Images, commit Idolatry.

Item, she said more to this deponent that holy bread & holy water were but tri • es of no effect or force, & that the belles are to be cast out of the Church, and that they are excommunicate which first ordained them.

Moreover that she should not be burned, although she were convict of Lollardy, for that she had a charter of salvation in her body.

Also the said deponent saith, y ^t Agnes Bethem her servant being sent to the house of the said Margery the Saturday after Ashwēsday, the said Margery not being w ^t in, found a brass pot standing over the fire with a piece of baken and Otemeate sething in it, as it is said Agnes reported to this deponent.

There were also besides this deponent, diverse other (worn and examined upon the said Margery, as John Brunley and Agnes Berthē, servants to William Clistand, which altogether confirmed the former depositions.

Thus much we have thought good to note as concerning Margery Backster, which we have gathered out of the old monuments and registers. But what became of her after this her accusation, because we find no mention made in the said registers, we are not able to declare.

The same year also, were the like depositions made by one William Wright against diverse good men, as here followeth.

First, this deponent saith that William Taylor, told John Piry of Ludney, in the house of John Bungay of Beghton, in the presence of I. Bungay, Robert Brigges wright of Martham, and John Usher, that all the good men of Martham which were favorers & helpers to that good man William White are evil troubled now a days, and that the said William White, was a good & holy doctor: and that the best doctor after him was William Euerden, which wrought with the said William Taylor, of Ludney by the space of one month, and that the first Sunday of the same month, the said William Euerden did sit all day upon the table at work, saying to the said William Taylor, that he would not go to Church to show himself a Scribe or Pharisy: and the second Sunday he put on Gentle man's apparel, and went to Norwich to hearken how the Bishop and his ministers used the poor Christians there in prison.

Also the said William Wright, deposed that Willyam Taylor of Ludney was one of the sect, & went to London with Syr Hue Pye, and had conversation oftentimes with Syr William White, having often conference upon the Lollards doctrine.

Item, that Auise, wife of Thomas Moon, is of the same sect and favored them, and receiveth them often, and also the daughter of Thomas Moon is partly of the same sect, and can read English.

Item, that Richard Fletcher of Beckils, is a most perfect doctor in that sect, and can very well and perfectly expound the holy Scriptures, & hath a book of the new law in English, which was Syr Hughe Pyes first.

Itē, that Nicolas Belward, son of John Belward dwelling in the parish of Southelham, is one of the same sect, and hath a New Testament which he bought at London for 4. marks and 40. pence, and taught the said William Wright and Margery his wife, and wrought with them continually by the space of one yere, and studied diligently upon the said New Testament.

Itē, that Thomas Bremner Turner of Dychingame is perfect in that sect and law.

John Clarke the younger of Bergh, had the beddinge and apparel of William Euerden in his custody, after the return of William White from Bergh, and is of the same sect.

Item, William Bate, Taylor of Sething, and his wife and his son, which can read English very well, are of the same sect.

Item, William Skiruing of Sething, received Joan the wife of W. White into his house, being brought thither by William Euerden, after their departure from Martham.

Item, William Osborne of Sething, I. Reve glouer, and Bawdwin Cooper of Beckels are of the same sect.

Item, John Pert late servant of Thomas Moon, is of the same sect, and can read well, & did read in the presence of William White, and was the first that brought Sir Hugh Pye into the company of the Lollards, which assembled oftentimes together, at the house of the said Tho. Moon, and there conferred upon their doctrine.

Item, Syr Hugh Pye bequeathed to Alice, servant to William White, a New Testament, which they then called the book of the new law, & was in the custody of Oswald Godfrey of Colchester.

John Perker Mercer of a village by Ipswitch, is a famous Doctor of that sect. Also he said that father Abraham of Colchester is a good man.

Item, the said William Wright deposeth that it is read in the Prophesies amongst the Lollards, that the sect of Lollards shall be in a manner destroyed: Notwithstanding at the length the Lollards shall prevail and have the victory against all their enemies.

Also, he said that Tucke knoweth all of that Sect in Suffolk, Norfolk and Essex.

Besides these, there were many other • he same year troubled, whose names being before expressed in the table of Norfolk men, here for breuityes sake we omit further to untreat of, passing over to the next yere following, which was 1430. Ex Regist. Norw.

John Burrell servant to Thomas Moon of Ludney, in the Dioces of Norwich, was apprehended and arrested for heresy, the 9. day of December, in this year of our Lord 1430. and examined by Mayster William Bernam the Bishops commissary, upon the articles before mentioned, and diverse others hereafter following, objected against him.

In primis, that the Catholic Church is the soul of every good Christian man.

Item, that no man is bound to fast the Lent or other fasting days appointed by the Church, for they were not appointed by God, but ordained by the priests: and that every man may eat flesh or fish upon the same days indifferently, according to his own will, & every friday is a free day to eat both flesh and fish indifferently.

Item, that pilgrimage ought not to be made but only unto the poor.

Item, that it is not lawful to swear, but in case of life and death.

Item, that Masses and prayers for the dead, are but vain, for the souls of the dead are either in heavē or hell: and there is none other place of purgatory but this world. Upō the which Articles he being convict, was forced to obiure and suffered like penance as the other before had done.

THomas Moon of Ludney, was apprehended and attached for suspicion of heresy, against whom were objected by the Bishop, the articles before written, but specially this article, that he had familiarity & communication with diverse heretics, and had received, comforted, supported, and maintained diverse of them, as sir William White, syr Hugh Pye, Thomas Pert, and William Calais Priests, with many other more: upon the which articles, he being convict before the bishop, was forced to abjure, and received the like penance, in like manner as before.

In like manner Robert Brigges of Martham was brought before the Bishop the 17. day of February, in the year aforesaid, for holding and affirming the foresaid articles, but especially these hereafter following.

That the sacrament of confirmation ministered by the Bishop, did avail nothing to salvation.

That it was no sin to withstand the ordinances of the Church of Rome.

That holy bread and holy water were but trifles, and that the bread and the water were the worse for the conturacions & characters which the priests made over them.

Upon which Articles he being convict, was forced to abjure, and received penance in manner and form as the other had done before him.

The like also (albeit somewhat more sharp) happened unto John Finch of Colchester, the 20. day of September, who albeit he was of the diocese of London, being suspecte of heresy, was attached in Ipswich in the diocese of Norwich, & brought before the bishop there, before whom he being convict of the like articles: as all the other before him, was enjoined penance, three displings in solemn procession about the Cathedral Church of Norwich, three several Sondayes, & three displinges about the market place of Norwich three principal market days, his head, neck and feet being bare, & his body covered only with a short shirt or vesture, having in his hands a taper of wax of a pound weight, which the next Sunday after his penance, he should offer to the Trinity: and that for the space of 3. years after, every Ashwednesday & Maundy Thursday he should appear in the Cathedral Church of Norwich, before the Bishop or his Vicegerent, to do open penance amongst the other penitentiaries, for his offenses.

There were besides these men which we have here rehearsed, diverse and many other, who, both for the concordaunce of the matter, and also for that their Articles & punishments were all one, we have thought good at this time to pass over, especially forsomuch as their names be before recited in the Catalogue.

ABout the same time, even the same year. 1430. shortly after the solemn Coronation of Kyng Henry the sixth a certain man named Richard Houeden a wool winder, and Citizen of Londō, received also the crown of

Nicholas Canon of Eye.

NOw to proceed in our story of Norfolk and Suffolk in following the order of years, we find that in y ^e yere of our Lord. 1431. One Nich. Canon of Eye was brought before the Bishop of Norwich for suspicion of heresy, with certain witnesses sworn to depose against him touching his manners and conuersatiō, which witnesses appointing one William Christopher to speak in the name of them all, he deposed in manner and form following.

First that on Easter day when all the parishners went about the church of Eye solemnly in processiō as y ^e manner was, the said Nicholas Canon as it were mocking & deciding the other parishioners, went about the Church the contrary way, and met the procession.

This article he confessed and affirmed that he thought he did well in so doing.

Item, the said Nicholas asked of master John Colman of Eye, this question. Master Colman, what think you of the Sacrament of the altar? To whom the said Colman answered: Nicholas, I think that the Sacrament of the alter is very God and very man, the very flesh and very blood of our Lord Jesus Christ under form of bread and wine. Unto whom Nicholas in decision said: Truly if the Sacrament of the alter be very God & very man, and the very body & blood of our Lord Jesus Christ: then may very God and very man be put in a small room: as when it is in the priests mouth, that receiveth it at mas. And why may not we simple men, as well eat flesh upon Fridays and all other prohibited days, as the priest to eat the flesh and the blood of our Lord every day indifferently: The which article, the said Nicholas denied that he spake unto Master Colman, but unto a Monk of Hockesney, And furthermore, he thought he had spoken well in that behalf.

Item that on Corpus Christi day at the elevation of high mass, when all the parishioners & other strangers kneeled down holding up their hands, and doing reverence unto the sacrament, the said Nicholas went behind a pillar of the church, and turning his face from the high altar, mocked them that did reverence unto the sacrament.

This article he also acknowledging, affirmed that he believed himself to do well in so doing.

Item, when his mother would have the said Nicholas to lift up his right hand, and to cross himself frō y ^e crafts and assaults of the devil, forsomuch as he deferred the doing thereof, his mother took up his right hand & crossed him saying: In nomine patris filij, & spiritus sacti. Amen. Which so ended, the said Nicholas immediately deciding his mothers blessing, took up his right hand of his own accord, and blessed him otherwise, as his adversaries report of him. This Article the said Nicholas acknowledged to be true.

Item, that upon Alhallowen day in the time of elevation of high mass, when as many of the parishioners of E • e lighted many torches and carried thē up to the high alter kneeling down there in reverence and honor of the Sacrament, the said Nicholas carrying a torche, went up hard to the high alter, and standing behind the priests back saying mass, at the time of the elevation he stood upright vpō his feet, turning his back to the priest, and his face toward the people, and would do no reverence unto y ^e sacrament. This article he acknowledged, affirming that he thought he had done well in y ^t behalf. All which Articles the Bishops cōmissary caused to be copied out word for word, & to be sent unto M. William Worsted, Prior of the cathedral church of Norwich, and to other doctors of divinity of the order of begging Friers, that they might deliberate upon them, and show their minds between that and Thursday next following. Upon which Thursdaye being the last of November, the year aforesaid, the said Nicholas was again examined before M. Barnam and diverse other vpō two other articles which he had confessed unto I. Exetor notary, & Tho. Bernsten bacheler of divinity and others. Whereof the first Article was this: that the said Nicholas Canon being of perfect mind and remembrance, confessed that he doubled whether in the Sacrament of the altar, were the very body of Christ or no. This article he confessed before the Commissary to be true.

Item, that he being of perfect mind and remembrance, believed that a man ought not to confess his sins to a Priest. This Article he also confessed that he doubted upon.

Now remaineth to declare what these doctors aforesaid concluded upon the articles: whose answer unto the same was this.

First of all as touching the first article, they said that the article in the same terms as it was propounded, is not simply an heresy but an error.

Item, as touching the second article, the doctors agree as in the first.

Item, as touching the third Article, they affirm that it is an heresy.

Unto the fourth Article they answered as unto the first and second.

Item, the doctors affirm the 5. article to be an heresy.

Item, as touching the 6. Article, the doctors conclude that if the said Nicholas being of perfect mind and remembrance, did doubt whether the sacrament of the altar were the very perfect body of Christ or no, then that Article is simply an heresy.

Wherupon the said Commissary declared & pronounced the said Nicholas Canon vpō the determinatiō of the foresaid doctors, to be an heretic: and thereupon forced the said Nicholas to abjure all the said Articles. That done, he enjoined the said Nicholas penance for his offenses, three displinges about the cloister of the Cathedral Church of Norwich, before a solemn procession, bare headed & barefoot, carrying a Taper of half a pound in his hand, going after the manner aforesaid, like a mere penitētiary: y ^e which his penance, the judge commanded should be respited until the coming of the Bishop into his diocese, and that in the mean time he should be kept in prison, to the end that he should not infect the flock with his venune and poison of errors and heresies.

Thus have we briefly discoursed unto you, the great troubles and afflictions, which happened in Norfolk and Suffolk by the space of those 4. years before mentioned, having drawn out briefly for every yere, certain notable examples, sufficient for the declaration of all the rest, for so much as their opinions being nothing different, their penance and punishment did also nothing differ, otherwise then by those particular examples may be plainly seen.

Thomas Bagley Priest.

ANd now to proceed as we have begun, w ^t our former stories generally, we find in Fabians Chronicles that in the same yere of our Lord. 1431. Thomas Bagley a priest Vicar of Monenden beside Malden, being a valiant disciple and adherent of wickliffe, was condemned by the Bishops of heresy at London about the midst of Lent, was disgraded and burned in Smithfield.

Paul Craw a Bohemian.

THe same year also was Paul Crawe a Bohemian taken at S. Andrew's by the Bishop Henry, and delivered over to the secular power to be burnt, for holding contrary opinions unto y ^e Church of Rome touching the sacrament of y ^e Lord's supper, the worshipping of Sainets. auricular confession, with other of Wicklesses opinions.

The story of Thomas Rhedon, a French man, and a Carmelite Frier, burnt in Italy for the profession of Christ.

WE have declared before, how this cruel storm of persecution which first began with us in England, after it had long raged here against many good and godly men, it brake out & passed into Boheme, and after within a short time, the fire of this persecution increasing by little and little, invaded Scotland, and from thence now with greater force and violence, this furious devouring flame hath entered Italy, and suffereth not any part of the world to be free from the murder and slaughter of most good & godly men. It happened about this time, that one Thomas Rhedon, a Frier of that sect, which taketh his name of the mount Carmelus, by chance came with the Venetiā Ausbassadours into Italy. This mā, although he was of that fort and sect, which instead of Christians, are called Carmelites, yet was he of a far other religion, & understood the word of God, judging that God ought not to be worshipped, neither in that mount, nor at Jerusalem only, but in spirit & truth. This man being a true Carmelite, • fauoring with his whole heart that new sweet must of Jesus Christ, with earnest study & desire seeking after a Christiā integrity of life, prepared himself first to go into •• lie, trusting y ^t he should find there, or else in no place, son by whole good life and living he might be editied and instructed. For where ought more abundance of verme & good living to be, then in that place, which is counted to be the forte and fountain of all religion? And how could it otherwise be, but that whereas so great holiness is professed whereupon all men's cies are bent, as upon a stage, vnderas S. Peters seat is, and is thought to be the ruler & governor of all the Church, all things should flourish and abesid worthy of so great expectatiō in that place? This holy man having these things before his eyes, and considering the same with himself, forsook his own country & City, & went unto Rome, conceiving a firm & sure hope that by the example of so many notable and worthy me, he should greatly profile in godliness & learning: but the success of the matter did utterly frustrate his hope, for all things were clean contrary. Whatsoever he saw, was nothing else but mere dissimulatiō and hypocrisy. Instead of gold, he found nothing but coals: and for to say y ^e truth, he found nothing else there but gold and silver. Instead of heavenly gifts, there reigned amongst them the pomp and pride of the world. In place of godliness, riot. Instead of learning and study, douthfulnes and superstition. Tyrannie and hautinesse of mind had possessed the place of Apostolic simplicity: that now there remained no more any place or liberty for a man to learn that which he knew not, or to teach that which he perfectly understood.

Finally, all things were turned artic versie, all things happened unto him contrary to his expectation wheresoever he went. But nothing so much offended this good mas mind, as the intolerable ambition, and pompous pride in them, whom example of humility should especially commend and praise to the whole world. And albeit that he saw here nothing, which did accord & agree with the rule of the Apostles: yet these things did so much pass all measure and patience, that he could by no means resraine his long in so great abuse and corruption of the Church, seeing such ambitions pride in their buildings, apparel, in their places, in their dainty fare, in their great trains of servants, in their horsse and armor, & finally in all things pertaining unto them. Which things, how much they did vary from the prescript rule of the Gospel, so much y ^e more was this good mā forced to speak. Albeit he did well understand how little he should prevail by speaking: for if admonition would profit anything at all, the books of Wicklesse and diverse other were not wanting. The famous testimonies of John Hus, & of Dierome of Prague, and their blood shed for the same, was yet present before their eyes: at whose most effectual exhortations, they were so little correct and amended, that they seemed twice more cruel than they were before. Yet all this could not fear this good man, but that in so necessary and wholesome an office, he would spend his life if need should be. So by this means, he which came to be a scholar unto others, was now forced to be their teacher. And he which determined to follow other men's lives and manners, had now contratrywise set before them his life to be marked and followed. For he lived so amongst them, that his life might be a rule unto them all, and so taught, as he might also be their schoolemaister. For even as Paul had foreshowed unto such as desired to live godly in Christ, that they should suffer persecution: such like reward happened unto this mā. He gave unto them the fruit of godliness, which they should follow: they again set upon his head the diademe of Martirdome. He showeth them the way to salvation, and they for the benefit of life rewarded him death: and whereas no rewards had been worthy for his great labors and travails, they with most extreme ignomin • e persecuted him even unto the fire. For when as by continual preaching he had gotten great enuic and hatred, the rulers began to consist together, by what means they might circumvent this man's life. Here they had reconcle to their accustomed remedies: for it is a peculiar and continual custom amongst the prelates of the Church, that if any man did displease them, or that his talk be not according to their mind, or by any means hurtful, or a hindrance to their lucre and gain, by and by they frame out Articles of some heresy, which they charge him withal. And like as every living thing hath his peculiar and proper weapon to defend himself from harm, as nature hath armed the Bore with his tuskes, the Hedgebogge with his prickles, the Lyon is feared for his claws, the Dog for his biting, the Bull fighteth with his horns, neither doth the A • e lack his houes to strike withal: even so this is the only armor of the Bishops, to strangle a man with heresy, if he once go about to mutter against their will and ambition: which thing may be easily perceived and seen in this most holy man, beside a great number of other. Who, when as now he began to wax grievous unto them, and could no longer be suffered: what did they? straightways flee unto their old policies, and as they had done with Hus, and Hicrome of Prague, even so went they about to practice against this man. They overwhelm him with suspicion, they seek to entangle him with questions, they examine him in judgment, they compile Articles against him, and lay heresy unto his charge, they condemn him as an heretic, and being so condemned, they destroy and kill him. This was their godliness: this was the peaceable order of those Carmelites. Whose religion was to wear no sword nor shield, notwithstanding they did bear in their hearts, malice, rancor, vengeace, poison, craft and deceit, sharper then any sword. With how great care and policy is it provided by law, that none of these Clergy men should fight with sword in the streets? When as in judgment and accusations (where as it is not lawful for a man to oppress his brother) there is no murderer which hath more ready vengeance, or that both more vily esteem his brothers soul then they. They shed no blood themselves, they strike not, nor kill, but they deliver them over unto others to be slain. What difference is there I pray you, but that they are the authors, and the other are but the ministers of the cruel fact? they kill no man as murderers do. How then? Although not after the same sort, yet they do it by another mean.

The Articles which they falsely gathered against this man, are affirmed by some to be these.

That the Church lacketh reformation, and that it shall be punished and reformed.

That Infidels, Jews, Turks, and Moors shall be conue • ted unto Christ in the later days.

That abominations are used at Rome.

That the unjust excommunication of the Pope, is not to be feared: and those which do not observe the same, do not sin or offend.

But yet there lacked a minister for these articles: albeit he could not long be wanting at Rome, where all things are to be sold, even men's souls. For this office and ministry, there was no man thought more meet, then William of Rowne, Cardinal of Saicet Martines in the Mount, Uicechancelour of the Court of Rome. Eugenius at that time was Pope, who had a little before succeeded Pope Martin above mentioned. Before the which Eugenius, this godly Rhedonensis the Frenchman, was brought, and from thence sent unto prison. And again after his imprisonment, and diverse and sundry greeueus torments, he was brought before the Judges. The Wolf S • ate in judgment: the Lamb was accused. Why? because he had troubled the spring. But here need not many malice of these mighty potentates, had offended enough, and was easily convict and condemned to be burned: but in such sort, as first of all he should be deprived of all such degrees as he had taken to Priesthode: For it is counted an unlawful thing, that a Priest should be punished with profane punishment, when as notwithstanding it is lawful enough for Priests to put any lay man to death, be he never so giltles.

How religiously and earnestly do they foresee, that the majesty of Priestly dignity should not in any case be hurt? But how little care have they, that their consciences be not hurt with false judgments, and oppressing the giltles? Wherefore, before that he should come unto punishment, this good man must be disgraded. The order and manner of this Popish degrading is partly before touched in the story of William Taylor, fol. 517.

After that it had pleased the Bishops to disgrade this man frō the degrees wherewith before they had consecrated him, and thought not that sufficient, by and by after they deprived him of his life also, & burned him four years after that he came to Rome. In the year of our Lord. 1436.

And thus through the cruelty of these most tyrannous Prelates, this blessed Martyr died. Albeit it is not to be thought that he died, but made a loss of this body, for a greater gain of salvation, before the just judgment of God: Neither is it to be doubted, but that he liveth eternally under the alter, with them whose blood the Lord will revenge, peradventure too soon sor some of them, whom the earth hath here so long holden unpunished.

As this Thomas abovesaid suffered at Rome: so were diverse other in other places about Germany executed near about the same time, after the burning of John Hus: as Henry Grunfelder, Priest of Ratispone, an. 1420. also Henry Radtgeber Priest, in the same City, an. 1423. John Draendorfe of noble birth, and a Priest, was burned at Wormes. an. 1424. Peter Thoraw, at Spyre, an. 1426. Math. Hager, also suffered at Berline in Germany, not long after. Ex Balei Centur. sept.

After the death of Pope Martin, who reigned fourteen years, succeeded Eugenius, the fourth of that name, about the year of our Lord 1431. Of whom Antoninus thus writeth, that he was much given to wars, as may well declare his conflicts and fighting with the Romaines: also the battles between the Venetians and the Florentians.

This Pope began first to celebrate the Council of Basel, which Council Martin his predecessor had before intended, according to the institution of the Council of Constance. Notwithstanding the said Eugenius perceiving afterward this Council of Basel not to favor him and his doings, and fearing some detriment to come to him by the same, afterward labored by all subtle practice to dissolve and interrupt the said Council, and from Basel to translate it first to Ferraria, then to Florentia, more near to his own sea of Rome. Concerning the which Council of Basel, forsomuch as we have begun here to make mention, it shall be no great digression out of the way, to discourse something thereof (the Lord so permitting) more at large, so much as for the most principal matters thereof shall seem sufficient or necessary to be known.

Here followeth the order and manner of the Council of Basel, touching the principal matters concluded therein, briefly collected and abridged here in this present book: The rest whereof we have referred unto our former edition, wherein the full discourse of the whole disputation is to be seen more at large, for such as have list and leisure to see more thereof.

IN the 39. session of the Council of Constance (as is before mentioned, page. 594.) it was decreed and provided concerning the order and tunes of such general Councils as should hereafter follow: The first that should next ensue, to be kept the fifth year after the said Council of Constance: the second to be holden the seventh year after that, and so orderly all other to follow successively from ten year to ten year. Wherefore, according to this decree, followed a general Council, five years after the Council of Constance, celebrate and holden at Sene, under Pope Martin, an. 1424. but it soon broke up. After the which Council, the term of seven years being expired, another Council was holden at Basel, in the yere of our Lord 1431. The which Council is noted to have been the most troublesome, and to have endured longer then any other Council beforetime celebrate and holden in the Church. This Council continued almost the space of seauenteene years: wherein it was concluded, as before in the Council of Constance, that the general Councils were above the Pope, and both of these two Councils did attribute the chief authority in decreeing and determining unto the general Council: which is the cause that the contrary part doth derogate so much from the authority of this present Council.

When as Pope Martin the first had appointed Julian, Cardinal and Deacon of S. Angel, his Legate, to celebrate and hold a general Council at Basel for the reformation of the Church, and rooting out of heresies, within short space after Pope Martin died, in whose seat Eugenius the fourth succeeded, who confirmed unto the said Cardinal Julian, the same authority which his predecessor before had given him. Unto this Council of Basel being begun, came the Emperor Sigismund, who during his life time, with his presence and authority, did protect and defend the said Synod. After the Emperors death, Pope Eugenius altering his former mind & purpose, would transport the Council unto Bononie, and thereby hindered the success of the Council of Basel. And first he held a contrary Council at Ferraria, and afterward at Florence: For after the death of the Emperor Sigismund, there was no Princes or noble men, that had any care or regard of the Council. Eugenius the Pope pretended causes, as touching the Greeks, which should come unto the Council, and the uniting of their Church unto the West Church, the which Greeks would in no wise pass the Alps: Also as touching his own incommodity, that he could not come unto Basel being so long a journey, and that all his men might have easy access unto Bononia, and that amongst the Germans (which in their own country are so intractable) nothing can be attempted for their reformation: whereupon he cited Cardinal Julian and the fathers of the Council unto Bononia, under great penalty. under great penalty. They again cited the Pope, that either he should come himself unto the Council, or send Ambassadors under the like penalty. For this cause the Ambassadors of Albert King of the Romaines, and of the other Princes of Germany, assembled together first at Norenberge, and when as they could determine nothing there, they assembled again at Frankford, to appease the dissention between the Council and the Pope: for it was thought, that the Electors of the Empire might best assemble and meet in that place. In the mean time, the Emperors Ambassadors, and the Ambassadors of the Electors, went unto Basel, and having conference with the Ambassadors of the other Princes which were there, they did earnestly exhort the fathers of the Council, that they would embrace and receive the unity, which they would offer. The request of the Princes was, that the fathers would transport the Council, and go unto another place: the which only thing Pope Eugenius seemed always to seek and desire, that thereby he might either divide the fathers of y ^e Council, or take away their liberty.

Notwithstanding this sacred Synod thought good neither to deny the princes request, nor to grant that, which Pope Eugenius required. During this doubt, the Emperors Ambassadors, the Bishops of Patauia and Augusta (being much required and stirred thereunto) appointed a noble and valiant Baron called Conrad Weinsperge, by the Kings commandment, to be Protector and defender of the Council, and the fathers. Whereby as the enemies perceived the Emperors mind to be alienate from the Pope, so the Fathers of the Council understood his good will towards them: forsomuch as he would not have sent them a protector, if he had not judged it a lawful Council: neither again would he have judged it a Council in Basel, if he had given credit to Pope Eugenius. But by means of a great pestilence which began to grow, the assembly that should have been holden at Frankford, was transported unto Mainz. The Ambassadors of the princes also thought good to go thither, if they might find any means of unity, whereby they might unite and knit the Pope again unto the Council.

The assembly was very famous, for there were present the Archbishops of Mainz, Colen & Treuers, Electors of the sacred Empire, and all the Ambassadors of the other Electors. Notwithstanding, the Archbishop of Colen was the chief favorer of y ^e Council in this assembly, who with all his labor and diligence went about to bring the matter unto a good ende. Rabanus the Archbishop of Treuers shown himself somewhat more rough. The sacred Synod also thought good to send thither their Ambassadors, and appointed out the Patriarke of Aquileia, the Bishop of Uicene, and the Bishop of Argen divines, John Segouius, and Thomas de Corcellis, with diverse others. Ther was no mā there present which would name himself the Ambassador of Eugenius: Albeit there were many of his favorers and friends come thither, both frō the Council, and also out of Florence, the which, albeit they had sworn to the contrary, yet favored they more Eugenius then the Council. But the chief Hercules of all the Eugenians, was Nicholas Cusanus, a man singularly well learned, and of great experience. After diverse cōsultations had, the Electors of the Empire, and the Ambassadors of the other Princes of Germany, thought good to give out commandment throughout their whole nation and country, that the Decrees of the Council of Basel should be received and observed.

Whilest these things were thus debated at Mainz, there sprang a certain very doubtful question amongst the Divines, which remained at Basel, whether Eugenius might be called an heretic, which had so rebelliously contemned the commandments of the Church. Hereupon they gathered thenselves together, disputing long amongst themselves, some affirming, and othersome holding the negative part. Upon this their disputation, there arose three several opinions, some affirming that he was an heretic, othersome, not only an Heretic, but also a relapse. The third sort would neither grant him to be an heretic nor a relapse. Amongst these divines, the chief and principal both in learning and authority, was the Bishop of Ebriun, Ambassador of the king of Castell, and a certain Scottish Abbot: which, as two most valiant Champions, subdued all their enemies, so that all the rest did either consent unto their arguments, or gave place unto thē, and so their determinatiō took place, and Eugenius was pronounced both an heretic and relapse. Eight conclusions were there determined and allowed amongst the Divines, which they called verities: the copy whereof they did diuulgate throughout all Christendom.

When the Ambassadors of the Council were returned from Mainz, and that certain report was made of the allowing of their decrees, the fathers of y ^e Coūcel thought good to discuss the conclusions of the divines more at large. Whereupon, by the commandment of the deputies, all the Masters and Doctors & Clergy, were called together, with all the residue of the Prelates, into the Chapterhouse of the great Church, there openly to dispute and discuss Eugenius heresy. The which thing sore grieved the Bishop of Millaine, fearing least this disputation would work the deprivation of Eugenius, the which, as he said, he had always letted for fear of schism: Wherefore he ceased not by all manner of ways to labor, to stop & trouble the matter, exhorting thē that were absent by his letters, and encouraging those that were present by his words, to the defense of Eugenius. But at the last, there was a great assembly in the Chapter house, some coming thither to dispute, and other some to hear. This disputation continued six days, both forenoon and afternoon, amongst whō Cardinal Lodouicus Archbishop Arelatensis, was appointed as Judge and Arbiter of the whole disputatiō: who beside many other notable virtues, was both valiant & constant. Nicolas Amici, which was also a Proctor of the faith, a famous mā amongst the Divines of Paris demanded of every man what their opinion was. John Deinlefist, public Notary, wrote every mans sentence and judgment. The conclusions of the Divines, which were the ground and foundation of their disputation, were these here following.

• 1. It is a verity of the Catholic faith, that the sacred general Council, hath power over the Pope, or any other Prelate.
• 2. The Pope cannot by his own authority, either dissolve transport or proroge, the general Council being law fully congregate, without the whole consent of the Council: and this is of like verity.
• 3. He which doth obstinately resist these verities, is to be counted an heretic.
• 4. Pope Eugenius the fourth hath resisted these verities, when as at the first, by the fullness of his Apostolic power, he attempted to dissolve or to transport the Council of Basel.
• 5. Eugenius being admonished by the sacred Council, did recant the errors repugnaunt to these verities.
• 6. The dissolution or translation of the Council attempted the second time by Eugenius, is against the foresaid verities, and containeth an inexcusable error touching the faith.
• 7. Eugenius in going about to dissolve and transport the Council again, is fallen into his before revoked errors.
• 8. Eugenius being warned by the Synod, that he should revoke the dissolution or translation the second time attempted: after that his contumacy was declared, persevering in his rebellion and erecting a Council at Ferraria, shown himself thereby obstinate.

These were the conclusions which were read in y ^e Chapter house before the fathers of y ^e Council. Upon the which, when they were desired to speak their minds, they all, in a manner, confirmed & allowed them. Notwithstāding Panormitane Archbishop, disputed much against them. Like wise did the Bishop of Burgen the king of Arrogons Almoner. Yet did they not gaynsay the 3. first conclusions, but only those wherein pope Eugenius was touched. This Panormitane as he was subtle, so did he subtelly dispute against the last conclusions, endeavoring himself to declare that Eugenius was not relapsed, & had great contention with the Bishop of Argens, John Segouius, & Francis de Fuxe, Deuines. He divided the Articles of the faith into three sortes: straightly: as in the Creed: largely, as in the declarations made by y ^e Church, most largely of all, as in those things which rise of the premisses, affirming that Eugenius did by no means violate his faith in his first dissolution that he made, because it is not contained in the Creed, neither yet in the determinations of the Church, that the Pope cannot dissolve the Councils: & that it seemeth not unto him to rise of y ^e determination before made, but rather of the decrees of the Council of Constance: And further, that this, as a case omitted, is reserved for y ^e Pope to be discussed, for so much as in the chapter beginning Frequēs, it appeareth that the place where the Council should be kept, ought to be chosen by the Pope, the Council allowing the same, and nothing is thereof at all spoken. And if peradventure Eugenius had offended in the first dissolution, notwithstanding he ought to be hold̄ excused, because he did it by the Council of the Cardinals, representing the Church of Rome: whose authority he said to be such, that the judgment thereof should be preferred before all y ^e world. Neither had there been any sacred Council found to have proceeded against Eugenius as an heretic, & that is an evident sign, that the Council hath not thought him to have swerved from the faith, neither to have any occasion, that he should be called heretic for his errors revoked, & that he himself hath read the whole text, that the Pope did not revoke the dissolutiō as contrary unto the faith, but as breding offense: Also that y ^e last dissolutiō hath no such cause in it: for so much as likewise he had done it by y ^e counsel of the Cardinals, and for the uniting of the Greeks, that he might not be compelled in a criminal cause, to aūswear by his procuratour, whē as he being letted by sickness, could not come personally. So, for as much as in the first dissolutiō Eugenius hath fall̄ into no error of faith, he cannot be persuaded that he cā be called a relapse, for so much as he neither in the first, neither yet in the seconde dissolution did violate his faith.

This Oration of Panormitane was more praised then allowed of all men. Notwitstanding this effect it wrought, that afterward this word relapse was taken out of the conclusions, & instead thereof this word prolapse put in. Neither durst Panormitane himself, altogether excuse Eugenius of heresy, but defended more the first dissolution, then the second: yet departed he not without answer: for John Segouius an expert Divine, rising up, answered him reueretly as was comely for such a Prelate. He said he granted that which Panormitane had spoken touching the division of the Articles of the faith into three points, for because it made for his purpose. For if those things are to be holden for Articles of faith, said he, which may be gathered of the determinations of the Church, it were manifest that the conclusions whereupon we now contend, redound and come of the determinations of the Church: that is to say, of the Council of Constance: for, if therein the Pope be made subject unto the general Council, who is it that will say that the Pope hath power over y ^e Council which is above him? or that Eugenius ought to remain Pope, because he could not dissolve the Council which is above him, without the consent thereof? The which Article undoubtedly, he hath violate and broken. And if any mā will say that in the first dissolution this Article was not violate, because there was no declaration made thereof, let him which so thinketh, thus understand: that the Bishop of Rome ought not only to know the plain and manifest, but also the secret and hidden things of the faith, for he being the vicar of Christ, and the head of all other, ought to instruct and teach all men. But if so be he will not, then he shall be convicted for being head, because he continued long in y ^e dissolutiō after the declaratiō of y ^e council, neither did consent unto y ^e determination of y ^e church, & therefore, if peradventure he did not err in y ^e faith, as it manifestly appeareth by y ^e saying of Clement oftentimes alleged by Panormitan, wherein it is said, y ^e he which liveth rebelliously & neglecteth to do good, is rather a menber of the devil thē of Christ, and rather an infidel then a true beleuer: so that Eugenius by disobeieng y ^e Church, may worthily be called an infidel. Neither is it true that y ^e Pope hath not offended in the faith: For so much, as well in that answer which beginneth Cogitanti, as also in the answer which beginneth Sperant, made unto the Popes Ambassadors, these words are manifest: this Article concerneth faith, and we had rather die then through cowardliness to give place. By the which saying it is evident, the Synod to have sufficiently admonished y ^e Pope that he did against the faith, and therefore it seemed that afterward when as Eugenius revoked the dissolution, he also revoked the error of faith contained in the same. There are also diverse offenses sprōg and risen through the error of faith: for some say that the Pope is under the Council, othersome deny it, and this diversity of doctrine bringeth offense. Also it is expressly against the authority of the Council, that the Pope did revoke the assertions made in their name.

And albeit in such reuocations, y ^e style & order of judgments is not observed, notwithstanding it doth suffice in such case, when as the Council doth proceed against the Pope: in which case only the truth is to be observed, neither is the Council subject unto any positive law, that it ought to observe any terms or judicial orders. Also he said that he utterly contemned that singular gloss which did prefer y ^e Pope before all the world, so that it might well be called singular, which decreed so foolish and fond things and unworthy to be followed of any man: and that he did much marvel of Panormitane, and other Doctors of those days, which whilst they went about to extol y ^e authority of the glosses, do abase y ^e same by adding a singularity thereto: for that gloss is singular which is alone. But who would not more esteem a gloss constantly writ̄ and agreeable in all places, then that which in any one place teacheth anything which may seem to be an error: and that as touching the verity & truth. S. Jerome a grave and ancient Doctor is contrary to this gloss, who doubteth nothing at all, but that the world, as touching authority, is above the City it self, that is to say, Rome.

Segonius, could fearsely finish this his Oration without interruption: for Panormitane oftentimes enterrupting him, went about to confute now this, and now that reason. Wherupon the Bishop of Argen rising up, a man not only eloquent, but also of a stout courage, troubled Panormitane in his reasons and arguments, and put him from his purpose: yet they proceeded so far, that they passed the manner of disputation, and did not abstain from opprobrious taunts.

When the Bishop of Argen chanced to say that the Bishop of Rome ought to be the minister of the Church, Panormitane could not suffer that: in so much that he so forgot himself that day, and his knowledge (which otherwise was great) did so fail him, that he was not ashamed to say and affirm, that the Pope was Lord over the Church. Whom Segouius answered: Mark (saith he) O Panormitane, what thou sayest: for this is the most honorable title of the Bishop of Rome, wherein he calleth himself the servant of the servants of God. Which is gathered upon this point, when as Christ said unto his disciples, when they demanded of him which of them was the greatest, you know he answered them: The Princes of the people have rule and dominion over them, but amongst you it is not so, &c. Wherein he doth utterly prohibit Lordship and dominion. And Peter which was the first vicar of Christ, saith, feed the flock of Christ which is committed unto you, providing for them not by compulsion, but willingly. And immediately alter he said, not as Lord's over the Clergy. For it Christ y ^e son of God, came not to be ministered unto, but to minister & to serve, how then can his vicar have any dominion, or be called Lord, as you Panormitane will affirm: forsomuch as the disciple is not above his master, nor the servant above his Lord. And the Lord himself saith: be ye not called masters, for so much as your only master is Christ, and he which is the greatest among you, shall be your servant. Panormitane being somewhat disquieted with this answer, the council brake up and departed.

The next day, there was a general congregation, and they returned all again unto the chapter house after dinner, whereas the Archbishop of Lions, the Kings Orator being required to speak his mind, after he had by diverse and sundry reasons proved Eugenius to be an heretic, he bitterly complained, detesting the negligence and ignauie, of those that had proffered such a man unto the papacy, and so moved all their harts which were present, that they altogether with him did bewail the calamities of the universal Church.

Then the Bishop of Burgen, the Ambassador of Spain, divided the conclusions into two parts, some he called general, & othersome personal, disputing very excellently as touching the three first conclusions, affirming y ^e he did in no point doubt of them, but only that the additiō which made mention of y ^e faith, seemed to be doubtful unto him. But upon this point, he stayed much, to prove that the Council was above y ^e Pope. The which, after he had sufficiently proved both by God's law and man's law, he taught it also by Phisicall reason, alleging Aristotle for witness. He said that in every well ordered kingdom, it ought specially to be desired, that the whole realm should be of more authority then the King, which if it happened contrary, it were not to be called a kingdom, but a tyranny: so likewise doth he think of the Church, that it ought to be of more authority, then the Prince thereof, that is to say, the Pope. The which his Oration he uttered so eloquently, learnedly, and truly, that all men depended upon him, and desired rather to have him continue his Oration, then to have an end thereof.

But whē as he entered into y ^e other conclusions, he seemed to have forgottē himself, & to be no more the same mā that he was: for neither was there y ^e same eloquence in his words, neither gravity in Oration, or cherefulnes of countenance, so that if he could have seen himself, he would peradventure greatly have marveled at himself. Every man might well see & perceive thē the power & force of the truth, which ministered copy of matter unto him, so long as he spake in y ^e defense thereof. But whē as he begā once to speak against hir, she took away evē his natural eloquence frō him. Notwithstanding Panormitane, and the Bishop of Burgen, shown this example of modesty, that albeit they would not confess or grant the last conclusions to be verities of faith: yet they would not that any mā should follow or lean unto their opiniō, which wer but mean divines, but rather unto y ^e opinions of the Divines. But the king of Aragons Amner, being a subtle & crafty man, did not directly dispute vpō the conclusions: but picking out here and there certain arguments, sought to let and hinder the Council. Against whom an Abbot of Scotland, a man of an excellent wit disputed very much: and Thomas de Corcellis a famous Divine, alleged much against him out of y ^e Decrees of y ^e sacred Council, and with a certain modest shamefastness, always beholding the ground, did very largely dispute in the defense of the conclusions.

But now to avoid tediousness, I will only proceed to declare arguments, whereby the conclusions were ratified and confirmed: not minding to entreat of th v. last conclusions, which concern y ^e person of Eugenius, but only vpō y ^e three first, whereunto I will adioine certain probable arguments gathered out of y ^e disputation of the fathers. In y ^e first conclusion is the greatest force, and first to be discussed: touching the which, two things are to be required, & examined. The one whether the general Council have authority over the Pope. The other, whether the Catholic faith commandeth it to be believed. As touching that the Pope is subject to the general Council, it is excellently well proved by y ^e reason before alleged, by the Bishop of Burgen. For the Pope is in the Church, as a king in his kingdom: and for a king to be of more authority then his kingdom, it were too absurd: Ergo, neither ought the pope to be above the Church. For like as oftentimes, Kings which do wickedly govern the common wealth, & exercise cruelty, are deprived of their kingdom, evē so it is not to be doubted, but that the Bishops of Rome may be deposed by the Church, that is to say, by the general Councils.

Neither do I here in allow them, which attribute so ample and large authority unto kings, that they will not have them bound under any laws: For such as so do say, be but flatterers, which do talk otherwise thē they think. For albeit that they do say that the moderation of the law is always in the Princes power: that do I thus understand, that when as reason shall persuade, he ought to digress from the rigor of the law: for he is called a King, which careth and provideth for the common wealth: taketh pleasure in the commodity and profit of the subjects, and in all his doings hath respect to the commodity of those, over whom he ruleth: which, if he do not, he is not to be counted a King, but a tyrant, whose property it is only to seek his own profit: for in this point a King differeth from a tyrant, that the one seeketh the commodity and profit of those whom he ruleth, and the other only his own. The which to make more manifest, the cause is also to be alleged, wherefore Kings were ordained.

At the beginning (as Cicero in his Offices saith) it is certain, that there was a certain time when as the people lived without kings. But afterward when lands and possessions began to be divided according to the custom of every natiō, then were kings ordained for no other cause, but only to exercise justice. For when as at the beginning, the common people were oppressed by rich & mighty men, they ran by and by to some good and virtuous man, which should defend y ^e poor frō injury, & ordain laws, whereby the rich and poor might dwell together. But when as yet under the rule of Kings, the poor were oftentimes oppressed, laws were ordained and instituted, the which should judge neither for hatred nor favor, and give like ear unto the poor as unto the riche: whereby we do understand and know, not only the people, but also the King to be subject to the laws. For if we do see a King to contemn and despise the laws, violently rob and spoil his subjects, defloure virgins, dishonest matrones, and do all things licentiously and temerariously: do not the nobles of the kingdom assemble together, deposing him from his kingdom, set up another in his place, which shall swear to rule and govern uprightly, and be obedient unto the laws? Verily as reason doth persuade, even so doth the use thereof also teach us. It seemeth also agreeable unto reason, that the same should be done in the Church, that is to say, in the Council, which is done in any kingdom. And so is this sufficiently apparent which we have before said, that the Pope is subject unto the Council.

But now to pass unto the arguments of Divinity, the foundation of the matter which we do entreat upon, are the words of our Savior Jesus Christ in diverse places, but specially where as he speaketh unto Peter: Tu es Petrus, & super hanc petram aedificabo Ecclesiam meam, & portae inferi non praeualebunt aduersus eam. i. Thou art Peter, and upon this rock will I build my Church, and the gates of hell shall not prevail against it. Upon which words it seemeth good to begin this disputatiō, forsomuch as some were wont to allege these words, to extol y ^e authority of the Bishop of Rome. But (as it shall by and by appear) the words of Christ had another sense and meaning then diverse of them do think, for he saith: & the gates of hell shall not prevail against it. Verily this is a great promise, and these words of the Lord are of great importance. For what greater word could there have been spoken, then that the gates of hell should not prevail against the church? These gates of hell, as S. Jerome saith, do signify sins. Wherefore if sins cannot prevail against the Church, neither can any malign spirits prevail against the same, which have no power at all over mankind, but only through sin. And for that cause, where as it is said in Job, that there is no power upon the earth that may be compared unto the power of the malign spirit, whereby it followeth that the power of the Church is above all other power.

We may also upon the same saying, reason after another sort: for so much as y ^e gates of hell: that is to say, sins cannot prevail against the Church, the Church thereby is declared to be without sin: the which cā not be spoke of y ^e pope which is a mortal mā, for so much as it is written, seven times in the day the just mā doth offend: If the Church be without spot because it cannot be defiled with sin, who is it that will prefer a sinful mā: before an undefiled Church? Neither let us give ear unto those which will not refer these words of Christ unto the Church, where as he saith: Oraui pro te Petre, vt non deficiat fides tua. That is to say, Peter I have prayed for thee, that thy faith should not fail thee. For as S. Augustine saith in the exposition of the Psalms, certain things are spoken as though they seemed properly to pertain unto the Apostle Peter, notwithstanding, they have no evident sense but when they are referred unto the Church, the person whereof he is understanded figuratively to represent. Wherupō in another place in the questions of y ^e new & Old Testament, upon the words: Rogaui pro te Petre, I have prayed for thee Peter: What is doubted? Did he pray for Peter, & did he not pray for James and John, beside the rest? It is manifest that under the name of Peter, all other are contained. For in another place of S. John he saith: I pray for them, whom thou hast given me, & I will that wheresoever I am, they shall be also with me. Wherupon we do oftentimes by the name of Peter understand the Church, which we do nothing at all doubt to be done in this place: otherwise the truth could not consist, for so much as within a while after, the faith of Peter, failed for a time by the denial of Christ, but the faith of the Church, whose person Peter did represent, did always persevere inuiolate.

As touching the Bishops of Rome, if time would suffer us, we could rehearse many crāples, how that they either have ben heretics, or replenished with other vices. Neither are we ignorant how that Marcellinus at the Emperors commandment, did sacrifice unto Idols, & that another (which is more horrible) did attain unto the Papacy by a devilish fraud & deceit. Notwithstandyng the testimony of Paul unto the Hebrews shall suffice us at this time, who saith every Bishop to be compassed in with infirmity: that is to say, with wickedness and sin. Also the testimonies of Christ him self do approve, that y ^e Church remaineth always without sin: for in Matthew he saith, I am with you even unto the end of the world. The which words were not only spoken unto the Apostles (for they continued not unto the end of the world) but also unto their successors: neither would Christ then signify that he was God, dispersed throughout all the world, as he is also perceived to be amongst sinners, but would declare a certain gift of grace, through his assistaūce, whereby he would preserve y ^e holy Church consisting amongst his Apostles and their successors, always immaculate and undefiled.

And again in another place I (saith he) will pray, & he shall give you another comforter, that he may remain w ^e you forever, evē the spirit of truth whō the world cannot receive, because the world seeth him not, neither knoweth him, but you shall know him, because he shall remain w ^t you. The which words being spoken unto the Disciples of Jesus, are also understanded to be spokē unto their successors, & so consequently unto the Church. And if the spirit of truth be continually in the Church, no man cā deny, but that the Church ought to continue undefiled. By the same authority also that Christ is called the spouse of the Church, who seeth not, but that the Church is undefiled? For the husband & the wise (as the Apostle saith) are two in one flesh, & (as he doth also add) no mā hateth his own flesh: thereby it cometh to pass, that Christ cannot hate the Church, for so much as she is his spouse, and one flesh with him, & no mā cā hate himself: Ergo, the Church doth not sin: for if it did sin, it should be hated, for sinners the Lord doth hate. The which authorities being gathered together we ought with the Apostle to confess that the Church of God hath neither spot nor wrinkle. Also he writing unto Timothy affirmeth the Church to be the pillar & foundation of the truth: whereupō in this song of the spouse it is said: My friend thou art altogether fair & beawtifull neither is there any spot in thee.

These words peradventure may abash some, that I do go about to prove the Church to be without sin. For when as the Church doth contain all men which are called Christians, which also do agree & come together in one belief of faith, and participation of the Sacraments, I do fear least some men will think, that I do affirm all mē to be without sin: which is so far frō my meaning, that I do verily think the contrary to be most true. For I suppose, that there is no man in the Church being clothed in this mortal flesh, without sin. Neither do these things vary or dissent among themselves: For the Church hath this gift, that albeit every part and menber thereof may sin, yet the whole body cannot sin. For there be always good men in the Church, the which, albeit that they be subject unto human fragility, notwithstanding they have so perfect a gift of sincere and pure virtue, that subduing all carnal desires and affections, they keep themselves a pleasant and acceptable sacrifice unto God. Neither do I consent or agree unto the opiniō of diverse, which affirm that the Virgin Mary only persevered in faith at the Lord's passion. Whereupon diverse have not been ashamed to say that the faith might be so debilitate and weakened, that it should return to one only old woman. Whose opinion or rather madness, Saint Paul seemeth openlie to reject, writing thus unto the Romaines: do ye not know (saith he) what the Scripture writeth of Helias, how incessantly he called upon God against the childrē of Israel (saying) O Lord, they have slain thy Prophets, and digged down thine aultars, and I alone am left, and they seek after my soul? But what answer received he of God? I have left unto myself yet vii. M. men, which have not bowed their knees unto Baal. What other thing doth this answer of God declare, then that it is a foolish opiniō of them which think the Church of God to be brought unto so small & number? We ought to believe the words of Christ, which are altogether repugnant unto those mē who affirm y ^e the Virgin only did persevere in faith. For Jesus said unto his Father, O holy father save thē in thy name, whom thou hast given me, that they may be one as we are one. Whē I was with them, I kept them in thy name: I have kept them that thou gavest unto me, and none of them perished, but only the son of perdition. And I do not desire that thou shouldest take them out of the world, but that thou shouldest preserve them from evil.

Behold, Christ prayeth that his disciples should not fall, but should be preserved from evil, and he so praieng, without doubt is heard: for he saith in another place, I know y ^e thou hearest me. But how is he heard, if all those for whom he prayeth, swarned at the time of his passion? As for example: By what means did Christ hanging vpō the Cross, commend his dearly beloved mother unto John, if so be he were either then swerved, or should by and by after have swerved from the faith: Moreover, did not the Centurion by and by cry out and say: truly this is the son of God? The Jews also which at that time were far distant from Jerusalem, might both be called faithful, and also saved by their faith: seeing that (as the Apostle saith) men are bound unto the Gospel, after it is once known and revealed unto them. But let us leave these men, and speak of that which is more likely, and let us judge that there hath been and is a great number of good mē in the Church, and by thē as by the more worthy part, let us name the Church holy and immaculate, the which doth comprehend as well the evil as the good. For the Church is compared unto a net, which is cast into the sea, and gathereth together all kind of fishes.

And again it is compared unto a King, which made a marriage for his son, and sent forth his servants to call those which were bidden, unto the wedding, and they gathered together good & evil, as many as they could find. Wherefore, their opinion is erroneous, which affirm, that only good men be comprehended in the Church: the which, if it were true, it would confound all things, neither could we understand or know where the Church were. But for so much as the Scripture saith: no man knoweth whether he be worthy of love or hatred, their opiniō is more to be allowed & truer, which include all y ^e faithful in y ^e Church: of whom, although a great part be given to voluptuousness and avarice, yet some notwithstanding are clean frō deadly sin. The which part, as it is the most worthy, it giveth the name unto y ^e church, to be called most holy: which is so often done, that we are commanded to sing in our Creed, vnam sanctam Catholicam & Apostolicam Ecclesiam, that is to say, one holy Catholic & Apostolic Church: the which Article the Synod of Constantinople, added unto the rest: Wherefore if the Church be holy, it is also without sin. But to return to our former purpose, this word Sanctum, which signifieth holy (as Macrobius alleging Trebatius, affirmeth) is sometimes taken for religious, and sometimes for clean and uncorrupt. And after the same manner, we call the Church holy, as the Apostle Peter calleth it immaculate, as we read in the famous Epistle of Clement.

To this end also tendeth that which is spoken by S. Paul, that Christ is the head of the Church: For if the Church should wholly sin, she should not agree with her head Christ, who is in no pointe defiled. This also Christ himself would signify unto us in Matthew, when he commendeth the house which wās built vpō the strong rock, against the which, neither the winds, neither the storms could prevail. In the house of God (saith the Apostle) which is the Church built vpō the strong rock, which rock (as the said Apostle declareth) is Christ. Who then is so unshamefast that he will affirm the Church, which is founded vpō Christ, to be subject to sin? & will not rather cry out with the Prophet and say: Domine, dilexi decorem domus tuae. That is to say. O Lord, I have loved the beawtie of thy house. Hereupon wrote John Chrysostom this golden sentence: The Church never ceaseth to be assaulted, never ceaseth to be layne in wait for: but in the name of Christ it hath always the upper hand & overcame. And albeit that other do lie in wait for it, or that the floods do beat against it: yet the foūdatiō which is laid upon the rock, is not shaken. S. Hillary also saith, that it is the property of the Church to vanquish, when it is hurt, to understand when it is reproved, to be in safety whē it is forsaken, & to obtain victory, when as it seemeth almost overcome. Thus by many reasons & testimonies, it is proved that the Church doth not err: which is not spoken or affirmed of the Bishops of Rome, so that this reason doth make the Pope subject unto the Church, for it is convenient, that the less perfect be subject unto the more perfect. There be also many other testimonies & reasons, whereof we will now somewhat more entreat.

If authority be sought for, saith S. Jerome (for I willingly occupy myself in his sentences, as in a most fertile field) the world is greater then a City. What then I pray you Jerome? Is y ^e Pope mighty because he is head of the Church of Rome? His authority is great, notwithstanding the universal Church is greater, which doth not only cōprehēd one City, but also the whole world. Hereupon it followeth, that if the Church be the mother of all faithful, then she hath the Bishop of Rome for her son. Otherwise as S. Augustine saith, he can never have God for his father, which will not acknowledge the Church for his mother. The which thing Anacletus understanding, called the universal Church his mother, as the writers of the Canons do know. And Calixtus saith: as a son he came to do the will of his father, so we do the will of our mother, which is the Church. Whereby it appeareth, that how much the son is inferior to the mother: so much y ^e Church is superior or above the Bishop of Rome.

Also we have said before, that the Church was the spouse of Christ, & the Pope we know to be a Vicare: but no mā doth so ordain a Vicar, that he maketh his spouse subject unto him, but that the spouse is always thought to be of more authority, then the Vicar, for so much as she is one body with her husband, but the Vicar is not so. Neither will I here pass over the words of S. Paul unto the Romaines: Let every soul (saith he) be subject unto the higher powers: Neither doth he herein except y ^e pope: For albeit that he be above all other mē, yet it seemeth necessary y ^e he should be subject to y ^e Church. Neither let him think himself hereby exēpt, because it was said unto Peter by Christ, whatsoever thou bindest. &c. In this place, as we will hereafter declare, he represēted the person of the Church, for we find it spoken afterward unto thē: Quaecunque ligaueritis super terrā, ligata erūt in coelis. i. Whatsoever ye shall bind vpō earth, shall be also bound in heavē. And furthermore, if all power be givē of Christ, as the Apostle writeth unto the Corinthians, it is given for the edifying of the Church, & not for the destruction thereof: why then may not the Church correct the Pope, if he abuse the keys, and bring all things unto ruin?

Add hereunto also another argument. A man in this life is lesser then the angels, for we read in Matthew of John the Baptist, that he which is least in the kingdom of heaven, is greater then he. Notwithstanding Christ saith in another place, that amongst the children of women there was not a greater then John the Baptist. But to proceed: mē are forced by the exāp • e of Zacharias to give credit unto aūgels, least through their misbelief they be stricken blind as he was. What more? The Bishop of Rome is a mā: Ergo, he is less then the angels, and is bound to give credit to the angels. But the angels learn of the Church, and do reverently accord unto her doctrine, as the Apostle writeth unto the Ephesiās: Ergo, the pope is bound to do the same, who is less then the angels, and less then the Church, whose authority is such, that worthily it is compared by S. Augustine unto the Sun: that like as the Sun by his light doth surmount all other lights, so the church is above all other authority and power. Wherupon S. Augustine writeth thus: I would not believe the Gospel saith he, if the authority of the church did not more me thereunto: the which is not in any place sound to be spoken of the bishop of Rome, who representing the Church, and being minister thereof, is not to be thought greater or equal to his Lord and master. Notwythstanding, the words of our Savior Christ do specially prove the Bishop of Rome to be subject to the church, as we will hereafter declare: For he sending Peter to preach unto y ^e church said, go, and say unto the Church. To the confirmation of whole authority, these words do also pertain: he that heareth you heareth me. The which words are not only spoken unto the Apostles, but also unto their succesaurs and unto the whole Church.

Wherupon it followeth, that if the Pope do not hearken & give ear unto the Church, he doeth not give ear unto Christ, & consequently he is to be counted as an Ethnic & Publican. For as S. Augustine affirmeth, when as the Church doth excommunicate, he which is so excommunicate is bound in heaven, and when the Church looseth, he is loosed. Likewise if he be an heretic, which taketh away the supremacy of the Church of Rome, as the Decrees of the council of Coustance doth determine, how much more is he to be counted an heretic, which taketh away y ^e authority from the universal Church, wherein the Church of Rome and all other are contained? Wherefore it is now evident, that it is the opinion of all men before our days (if it may be called an opinion, which is confirmed by grave authors) y ^e the Pope is subject unto the universal church. But this is called into question, whether he ought also to be judged of y ^e general Council. For there are some, which (whether it be for desire of vain glory, or that thorough their flattery they look for some great reward) have begun to teach new and strange doctrines, and to exempt the bishop of Rome from the jurisdiction of the general Council. Ambitiō hath blinded them, whereof not only this present Schism, but also all other Schisms even unto this day have had their original. For as in times past the greedy desire & ambition of the papacy, brought in that pesriferous beast, which through Arius then first crept into the church: even so they do specially norish and maintain this present heresy, which are not ashamed to beg. Of the which number, some cry out & say, the works of the subjects ought to be judged by the Pope, but the Pope to be reserved only unto the judgment of God. Others said that no man ought to judge the high and principal Seat, and that it cannot be judged either by the Emperor, either by the Clergy, either by any king or people. Other affirm, that the Lord hath reserved unto himself the depositions of the chief Bishop. Others are not ashamed to affirm, that the Bishop of Rome although he carry souls in never so great number unto hell, yet he is not subject unto any correction or rebuke.

And because these their words are easily resolved, they run straight ways unto the Gospel, and interpret the words of Christ, not according to the sense and meaning of the holy Ghost, but according to their own will and disposition. They do greatly esteem and regard this which was spoken unto Peter: Tu vocaberis Cephas i. Thou shalt be called Cephas : by the which word, they make him the head of the Church. Also I will give thee the keys of the kingdom of heaven, and whatsoever thou shalt bind upon earth, &c. I have prayed for thee Peter, that thy Faith would not fail. And again, feed my sheep: Last thy net into the depe: Be not afraid, for from thenceforth thou shalt be a fisher of men: Also that Christ commanded Peter as the Prince of the Apostles, to pay tolle for them both: and that Peter drew the net unto the land, full of great fishes: & that only Peter drew his sword for the defense of Christ. Al which places these mē do greatly extol, altogether neglecting the expositions of the fathers: the which if (as reason were) they would consider, they should manifestly perceine by the authorities aforesaid, that the Pope is not above them when they are gathered together in Council, but when they are separate and divided.

But these things being passed over, for so much as answer shall appear by that which hereafter shall follow we will now declare what was reasoned of by the learned men upon this question. But first we would have it known, y ^e all men which are of any name or estimation, do agree, that the Pope is subject to the Council, and for the proof thereof they repeat (in a manner) all those things which were before spoken of the church: for they suppose all that, which is spoken of the Church, to serve for the general Council: And first of all, they allege this saying of the Gospel, Dic Ecclesiae, tell it unto the Church. In the which place it is convenient to understand, that Christ spake unto Peter, instructing him what he should do as touching the correction of his brother. He saith, if thy brother offend or sin against thee, rebuke him between thee and him alone. If he give care unto thee, thou hast won thy brother: but if he do not give ear unto thee, take in thee one or two, that in the mouth of two or thee witnesses all truth may stand: if thē he will not give ear unto thee, Dic Ecclesiae, tell it unto the Church.

What shall we understand by the church in that place? shall we say that it is the multitude of the faithful dispersed throughout the whole world? My yoke is pleasant saith the Lord, & my burden is light. But howe is it light, if Christ command us to do that which is impossible to be done? For howe could Peter speak unto the Church which was dispersed, or to seek out every Christian scattered in every Town or City? But the meaning of these words, is far otherwise, and they must be otherwise interpreted: for which cause it is necessary that we remember the double person, which Peter represented, as the person of the high bishop, and a private man. The sense and meaning of his words are evident and plain enough of themselves, y ^t they need no supplement or alteration. We must first mark and see, what this word Ecclesia signifieth, the which we do find but only to be twice spoken of by Christ: once in this place, and again when as he said unto Peter: Tu es Petrus, & super hanc Petram edificabo Ecclesiam meam, That is: Thou art Peter, and upon this rock will I build my Church. Wherefore the Church signifieth the connocation or congregation of the multitude. Dic Ecclesiae, tell it unto the church. That is to say, tell it unto the Congregation of the faithful: the which forsomuch as they are not accustomed to come together, but in a general Council, this interpretation shall seem very good, Dic Ecclesiae, tell it unto the Church, that is to say, Dic generali Concilio, tell it unto the general Council.

In this case I would gladly hear if there be any man, which doth think th • se words to be more properly expressed in any Prelate, then in the council, when as they must put one man for the multitude: which if it be admitted in the scriptures, we shall from henceforth find no firm or stable thing therein. But if any man do marvel at this interpretation, let him search the old writers, and he shall find that this is no new or strange interpretation, but the interpretation of the holy fathers and old Doctors, which have first given light unto the Church, as Pope Gregory witnesseth (a man worthy of remembrance, both for the holiness of his life, and his singular learning) whose words are these, written in his Register unto the bishop of Constantinople: And we (said he) against whom so great an offense is committed through temeratious boldness, do observe and keep that which the truth doth command us, saying, Si peccauerit in te frater, that is: If thy brother do offend against thee, &c. And afterward he addeth more, if my rebukes and corrections be despised, it remaineth that I do seek help of the church. The which words do manifestly declare the Church here to be taken for the general Council. Neither did Gregory say, that he would seek help of the Church that is dispearsed abroad in every place, but of that which is gathered together, that is to say, the general Council, for that which is dispearsed abroad, cannot be had, except it be gathered together. Also Pope Nicholas reproving Lotharius the king for adultery, said: if thou doest not amend the same, take heed that we tell it not unto the holy Church.

In the which saying, Pope Nicholas did not say, that he would go throughout y ^e world to certify everyone, man by man: but that he would call the Church together, that is to say the general council, and there would publish and declare the offense of Lotharius, y ^e he which, had contemned the Popes commandments, should fear the reverence of the general council. I could recite an infinite mumber of witnesses for that purpose, the which all tend unto one ende: but this one testimony of the Council of Constance shall suffice for them all, wherein it is said that not only the Pope in the correction of his brother is remitted unto the Council, when as he cannot correct him of himself: but also when as anything is done as touching the correction of the Pope himself, the matter ought to be referred to the council. Whereby it appeareth our interpretation to be most true, which doth expound the Church to be in the general Council. Hereupon the Acts of the Apostles, the Congregations which were then holden, were called the Church. Also in the council of Nice and in other Councils, whē as any man should be excommunicated, always, in a manner, this sentence was adjoined: Hunc excommunicate Catholica & Apostolica Ecclesia. The Catholic and Apostolic Church doth excommunicate this man. And heereuppon that title is given unto the Councelles, whereby we do say, that the general Council doth represent the universal Church. Wherefore the laws and decrees of the Council are called the laws of the Church, for that the Church doth not set forth any laws in any other place, then in the general council: except we will call the Popes constitutions the laws of the church, which cannot be properly said but of the Council: whereas, albeit all those which are of the church do not assemble and come together, yet the most part of them are accustomed to be there present, and in those which come, the whole power of the Church doth consist: Wherupon we read in the Acts of the Apostles: It pleased the Apostles and Elders with all the Church. For albeit that all the faithful were not there present (because a great mumber of them remained at Antioch) yet notwithstanding it was called the whole Church, because the whole power of the Church consisted in the council. Thus for this present it is sufficient that we understand by the Church the general Council.

And now to return unto our purpose, let us hear what our Savior saith unto Peter: If thy brother do offend against thee, unto this text following, tell it unto the church: and let us understand the Council by the Church. Who is greater in this place, he which is sent unto the Council, or the Council whereunto Peter was sent? The uevity doth remit the Bishop of Rome unto the general Council. And why so? verily because the bishops of Rome should not disdain to acknowledge some power in earth, to be above them, the which they should consult withal in matters of importance, and agree unto the determinations thereof. Whereupon Peter is also called by another name Simon, the which, as Rabanus in his Homilies writeth, is interpreted in the Hebrew tongue, obedience, that all men might understand obedience to be necessary, even in the Bishop of Rome.

The authority of the Council of Constance might suffice us in this point, but we think it good to stay a little upon this matter, & to leave no place open for our adversaries: which, whilst they go about to maintain the insatiable willfulness of oue man, preferring a private wealth before a commō commodity, is it incredible how great errors they do stir up. Against the which, besides many other, Zacharias bishop of Chalcedon, a man both famous and eloquent, did earnestly strine: who in the great and sacred Synod of Chaleedon, when as the sentence of the B. of Rome was objected unto him, that the Canon of Pope Nicholas and other Patriarchs was above the Council, he replied against it. And Zosimus the Pope saith thus as touching the decrees of the general Council: the authority of this seat cannot make or alter anything contrary to the decrees of the fathers. Neither doth he hear speak of the decrees of the fathers, which are dispersed abroad in cities or wilderness, for they do not bind the Pope: but of them which are made and published by the fathers in the general Council. For the more manifest declaration whereof, the words of pope Leo the most eloquent of all the bishops of Rome, are here to be annexed, who wrote unto Anatholius, that the decrees of the Council of Nice are in no part to be violate and broken: thereby (as it were) excluding himself and the high Patriarke.

The authority also of Damasus upon this sentence, is more manifest, writing unto Aurelius the Archbish. as Isidorus declareth in the book of Councils, whose worthy saying as touching the authority of the synod is this: That they which are not compelled of necessity, but of their own will either frowardly do anything, either presume to do anything, or willingly consent unto those which would do anything contrary and against the sacred Canons, they are worthily thought and judged to blaspheme the holy ghost. Of the which blasphemy, whether Gabriel which calleth himself Eugenius, be presently partaker, let them judge which have heard him say, that it is so far from his office and duty to obey the general Councils, that he saith he doeth then best merit and deserve, when as he contemneth the decrees of the Coūcel. Damasus addeth yet moreover. For this purpose, saith he, the rules of the sacred canons, which are consecrated by the spirit of God and the reverence of the whole world, are faithfully to be known and understand of us, and diligently looked upon, that by no means, without a necessity which cannot be eschued (which God forbid) we do transgress of the decrees of the holy fathers. Notwithstanding, we daily see in all the Popes Bulls and letters, these words Non obstante, that is to say: notwithstandin: which no other necessity hath brought in, then only insatiable desire of gathering of money. But let them take heed to these things which be the authors thereof.

But now to return again unto Damasus, mention is made in the Epistles of Ambrose bishop of Millaine of a certain Epistle which is laid to be writ̄ by Damasus, unto the judges deputed by the Council of Capua, where he declareth that it is not his office, to meddle w ^t any matter which hath ben before the Council. By the which saying he doth manifestly reprove all those which affirm and say the Bishop of Rome to be above the Council. The which if it were true, Damasus might have taken into his hands the cause of Bonosius the Bishop to determine, which was before begun by the Council: but for so much as the Council is above the Pope, Damasus knew himself to be prohibited. Wherupon Hilarius also acknowledging the Sinode to be above him, would have his decrees confirmed by the Council. Also the famous Doctor S. Augustine in his Epistle which he did write unto Glorius & Eleusius, and Felix the Gramarian, declareth the case. Cecilianus the Byshoppe, was accused by Donatus, with others. Melchiades the pope with certain other bishops absolved Cecilian and confirmed him in his bishopric. They being moved with those doings, made a schism in the partes of Africa. S. Augustine reproveth them, which having another remedy against the sentence of y ^e Pope, did raise a schism, and doth mucy against them in this manner. Behold, let us think those Bishops which gave judgment at Rome, not to have ben good judges: there remained yet the judgment of the universal church, where as the cause might have ben pleaded even with the judges themselves, so that if they were convict not to have given just judgment, their sentence might be broken.

Whereby it appeareth, that not only the sentence of the Pope alone, but also the Pope with his Bishops joined with him, might be made frustrate by the Council: for the full judgment of the universal Church is not found elsewhere, then in the general Council. Let not any man doubt, in that S. Augustine seemeth here only to speak of Bishops: for if the text of his Epistle be read over, he shall find the Byshoppe of Rome to be comprehended amongst the other Bishops. It was also prohibited by the councils of Africa, that the Bishops of Rome should not receive or hear the appeals of any which did appeal frō the Council: which altogether declare the superiority of the Council. And this appeareth more plainly in the Acts of the Apostles, where as Peter is rebuked by the congregation of the Apostles, because he went in to Cornelius a Heathen man, as if it had not been lawful for him to attempt any great matter w ^e out the knowledge of the congregation: and yet it was said unto him as well as others. Ite & Baptizate &c. Go & baptize. But this seemeth to make more unto the purpose, which S. Paul writeth unto the Galatians, whereas he saith, he reststed Peter even unto his face, because he did not walk according to the verity of the Gospel. Which words if they be well understand, signify none other thing by the verity of the Gospel, then the Canon of the Council decreed amongst the Apostles: for the Disciples being gathered together, had so determined it. Whereupon S. Paul doth show, that Peter ought to have obeyed the general Council.

But now to finish this disputation, we will here adjoin the determination of the Council of Constance, the which Council aforesaid, willing to cut off all ambiguity and doubts, and to provide a certain order of living, declared by a solemn decree that all men, of what estate or condition so ever they were, yea although y ^t they were Popes themselves, be bound under the obedience and ordinances of the sacred general Councils. And although there be a certain restraint, where as it is said, in such things as pertain unto the faith, the extirpation of schism, and the reformation of the Church, as well in the head as in the members: notwithstanding this amplificatiue clause which is adjoined, is to be noted, Et in pertinentibus ad ea, that is to say, withal the appertenauntes. The which addition is so large, that it containeth all things in it, which may be imagined or thought. For the Lord said thus unto his Apostles, go ye forth and teach all people. He did not say in three points only, but teach them to observe and keep all things whatsoever I have commanded you. And in another place he saith, not this or that, but whatsoever ye shall bind, &c. which altogether are alleged for the authority of the Church and general Councils. For the preserment whereof, these things also come in place. He that heareth you, heareth me. And again: It is given unto you to know the mysteries of God. Also where 2. or 3. be gathered in my name. &c. Again, whatsoever ye shall ask. &c. O holy father, save them whom thou hast given me. &c. And I will be with them even unto the ende of the world. Also out of S. Paul these places are gathered. We are helpers of God. &c. Which hath made us apt ministers of the New Testament. &c. And he appointed some Apostles and some Prophets. &c. Iu all which places both Christ and the Apostles spake of the authority of many, which altogether are alleged for the authority of y ^t universal Church.

But for so much as that Church being dispersed and scattered abroad, cannot decree or ordain anything: therefore of necessity it is to be said, that the chief and principal authority of the church, doth consist in the general Councils, where as they assemble together. And therefore it was observed in the primative Church, that hard and weighty matters were not entreated upon, but only in the general councils & congregations. The same is also found to be observed afterward. For when as the churches were divided, general councils were holden. And in the Council of Nice, we do find the heresy of Arius condemned. In the Council of Constantinople the heresy of Macedonius. In the Council of Ephesus, the heresy of Hestorius. In the Council of Chalcedon, the heresies of Eutichius were also condemned: for so much as they thought the judgment of the bishop of Rome, not to suffice to so great, & weighty matter, and also they thought, the sentence of the Council to be of greater force, then the sentence of the Pope, for so much as he might err as a man, but the Council, wherein so many mē were gathered together, being guided with the holy ghost, could not err. Also it is a very excellent saying of Martianus the Emperor, which serveth for that purpose, whose words are these: Truly he is to be counted a wicked and sacrilegious person, which after the sentence of so many good and holy men, will stick to withdraw any part of his opinion. For it is a point of mere madness, at the noon time & fair day light, to seek for a feigned light: for he which having found the truth, seeketh to discuss anything further, seeketh but after vanities and lies.

Now I think it is evident enough unto all men, that the bishop of Rome is under the Council. Notwithstanding some do yet still doubt, whether he may also be deposed by the Council or not: For albeit it be proved that he is under the Council, yet for all that, will they not grant, that he may be also deposed by the Council. Wherefore, it shall be no digressing at all from our purpose, somewhat to say vpō that matter: and first of all, to speak of these railers, which are yet so earnest for the defense of the Bishop of Rome: which being vanquished in one battle, still renew another, and contend rather of obstinacy then of ignorance. They would have here recited again, that which we have before spoken, as touching the preeminence of the Bishop of Rome, or the Patriarcke. And as there are many of thē more full of words then eloquent, they stay much of this point, where as Christ said unto Peter: Tibi d • bo claues regni coelorum. I will give thee the keys of the kingdom of heaven, & whatsoever thou shalt bind upon earth shall be bound in heaven: as though by those words, he should be made head over y ^e other. And again they do amplify it by this: Pasce oues meas : Feede my sheep, which they do not find to be spoken to any other of the apostles. And because it is said that Peter was the chief and the mouth of the Apostles, therefore they judge it well spoken, that no man shall judge the chief and principal sea: being all of this opinion with Boniface, which said y ^e the Pope ought to be judged for no cause except he be perceived or known to swarne from the farth, although he do carry innumerable people with him, headlong into hell, there to be perpetually tormented: as though he could not open the kingdom of heaven to others, if any other could shut it against him, neither that he could feed other, if he himself lacked pasture.

But we count these as things of no force or difficulty, For S. Augustine in the Sermon of the nativity of Peter and Paul, saith in this wise: Our Lord Jesus Christ before his Passion, chose his disciples (as yet do know) whom he called brethren. Amongest those, Peter alone almost in every place represented the person of the Church, & therefore it was said unto him, Tibi dabo claues regni coelorum That is to say. Unto thee will I give the keys of the kingdom of heaven. These keys did he not receive as one man, but as one he received them for the Church. And in another place, Where he writeth of the Christian agony, he saith: the keys of the kingdom of heaven were given unto the church: when as they were given unto Peter: And when as it was spoken unto him: Amas me? Pasce oues meas. That is to say. Louest thou me? feed my sheep: it was spoken unto them all. And S. Ambrose in y ^e beginning of his pastoral, saith which sheep and which flock, the blessed Apostle S. Peter took not charge of alone, but together with us, and we altogether with him. By which words the foundation and principal arguments of those flatterers, are utterly subverted and overthrown. For if Peter represented the person of the Church, we ought not to ascribe the force of these words unto Peter, but unto the Church. Neither do I see how that can stand, which Boniface doth affirm, for it is far distant from the truth, except it be understand otherwise then it is spoken.

But it may peradventure seem a great thing unto some, that it is said, the Bishop of Rome to be the head of the Militant Church. For, as in the body of man, Philitions do never give council to cut of the head for any manner of sickness & disease, although it be never co • ul of vicers or infected: so in this mystical body of the church, the head ought always to be kept: and albeit it be never so wicked yet is it to be suffered and horn withal. But now convert this argument. If it were possible in y ^e body of man, when one hed is taken away, to find another to put in his place, as we see it may be done in the Church, should not head then be oftentimes changed for diverse diseases? Moreover, if we will thus reason, that the head of the church should be in respect of his body, as the head of man in respect of the body of man: then doeth it necessarily follow that the head being dead the body must also die, as is manifest in y ^e body of man: So should it grow into an absurdity to confess that the Pope being dead, the Church also should be dead: the which how far it dissenteth from the truth, it is most manifest. Therefore whatsoever other men say, I am not of opinion with them, which affirm the Bishoppe of Rome to be head of the Church, except peradventure they do make him the ministerial head: for we do read that Christ is the head of the Church and not the Pope: and that he is the true head immutable, perpetual, and everlasting, and the Church is his body, whereof the Pope himself is also a member and the vicar of Christ, not to the destruction but to the maintenance & edifying of the same body of Christ. Wherefore, if he be found a damnable destroyer of the Church, he may be deposed and cast out, because he doth not y ^t he was ordained to do: and we ought, as Pope Leo saith, to be mindful of the commandment given us in the Gospel: that if our eye, our foot, or our right hand, do offend us, it should be cut of from the body. For the Lord saith in another place: Every tree which bringeth not forth fruit, shall be cut down and caste into the fire. And in another place also it is said unto us: take away all evil and wickedness from among you. It is very just and true, which is written in the Epistle of Clement unto James the brother of our Lord, that he which will be saved, ought to be separate from them which will not be saved.

But for the more manifest declaration hereof, we must have recourse to that which is spoken by the Lord, in the Gospel of John: I am the true vine saith the Lord, and my father is the husbandman, and ye are the branches: every branch therefore that bringeth not forth fruit in me, my father will cut off. These words were spoken unto the Apostles, amongst whom also Peter was present, whom y ^e Lord would have cut off, if he brought not forth his fruit. Also S. Jerome upon these words of Matthew: Vnsauery salt is profitable for nothing, but to be cast forth and trodden of swine. Whereuppon in the person of Peter and Paul, he saith thus: It is no easy matter to stand in the place of Peter and Paul, and to keep the chair of them which reign with Christ. This unsavory salt, that is to say a foolish Prelate, unsavory in preaching, and foolish in offending, is good for nothing, but to be cast forth, that is to say deposed, and to be trodden of swine, that is of wicked spirits, which have dominion over the wicked and naughty Prelates, as their own flock and heard. Behold, this testimony of Jerome is plain and evident. Let him be cast out saith he.

He expoundeth and speaketh it of the Prelate, which usurpeth the place of Peter, and so consequently of the bishop of Rome, who being unsavory in preaching, and foolysh in offending, ought to be deposed (as Jerome affirmeth) from his degree and dignity. Neither as some do dream, is he to be deposed for heresy only. Isidorus in the book of Councils, rehearseth a certain epistle of Clement the successor of Peter written unto James the Apostle, whereas the said Clement referring y ^e words of Peter unto himself, saith thus: If thou be occupied with worldly cares, thou shalt both deceive thyselfe, & those which shall give ear unto thee: for thou canst not fully distribute unto every man, those things which pertain unto salvation: whereby it shall come to pass, that thou as a man for not teaching those things which pertain unto salvation, shalt be deposed, & thy disciples shall perish through ignorance. Notw ^t standing in another place, instead of this word deposed, it is found thou shalt be punished: which 2. words, if they be well understood, do not much differ, for deposition is oftentimes used in the place of punishment. But peradventure some will here object, that this Epistle is not to be judged Clements, because it is said to be written unto James, who as the Ecclesiastical history affirmeth, was dead before that Peter was put to death. But Clement might think that James was alive when as he wrote: which were far distant a sunder, and messengers of the Christians, came not often unto Rome. Moreover, there is mention made of this Epistle in diverse places of the decrerals, as most true, and therefore it shall be nothing from the purpose, to rehearse other sayings out of the same Epistle, where he saith, that he which liveth rebelliously, and refuseth both to learn and to do good, is rather a member of the devil, then of Christ, and doth show himself rather to be an infidel, then a faithful Christian. Vpō which words, the gloss which Panormitane calleth singular, & is much allowed, saith, that if the crime or offense of the bishop of Rome be notorious, whereby the Church is offended, if he be incorrigible, he may be accused thereof. If then he may be accused, Ergo also he may be punished, and according to the exigent of the fault deposed: Otherwise he should be accused in vain.

Now is there no more any place of defense left for our adversaries, but that the Pope may be deposed: Notwithstanding it is not yet evident whether he may be deposed by y ^t council or no, which we now take in hand to discourse. And first of all, the adversaries will grant this unto us, that the Bishop of Rome may be deposed by the Church, for so much as the Pope being the vicar of the Church, no man doubteth, but that a Lord may put out his vicar at his will & pleasure, neither is to be douted but that y ^e Pope is more truly called the vicar of the church, then of christ. But if the church may depose the pope: Ergo the council also may do the same. Also the gloss which Panormitane in his writing doth so greatly commend, hath this sentence: that the general council is judge over the pope in all cases. Likewise the most sacred Synod of Constantinople, which is allowed of all men, doth appoint the bishops of Rome to be under the judgment of the council: and the council to judge and determine of every doutfull matter or question that doeth arise, concerning the bishop of Rome. Neither let any mā doubt hereof, because this word deposition is not mentioned: for it is said, of every doutfull matter or question: For if the Synod do judge of every doubt: Ergo it shall also judge, whether the pope shall be deposed or no: for that may also come in doubt. And because we will not seek examples far of, John 23. Whom all the world did reverence, was deposed of his Papacie by the Council of Constance. Neither yet was he condemned for any heresy: but because he did offend the Church by his manifold crimes, the sacred Synod thought good to depose him: and ever since continually, the church hath proceeded by like example, that their opinion might cease, which affirm that the Pope cannot be deposed but only for heresy.

But here is yet one thing not to be omitted, that certain men do affirm the general Councils to be of no effect, except the Pope do cal and appoint them, and his authority remain with them. Wherupon they said that Dioscorus did rebuke Paschasius the bishop of Cicili, and legate of Pope Leo, because that he did enterprise without the authority of the Apostolic Sea, to call a Council at Ephesus. They also allege another testimony of the Sinode of Chalcedone: whereas, when mention was made of the Council of Ephesus, all the Bishops cried out, saying: we ought not to call it a Council, because it was neither gathered by the apostolic authority, neither rightly kept. By the which authorities, they which say that the Councils cannot be holden without the consent of the Pope, do think themselves marvelously armed. Whose sentence & opinion, if it take place and prevail as they desire, it shall bring with it the great ruin and decay of the Church. For what remedy shall we find, if that a wicked Pope do disturb the whole Church, destroy souls, seduce the people by his evil examples, if finally he preach contrary unto the faith and fill the people full of heresies, shall we provide no stay or stop for him? Shall we suffer all things to run to ruin and decay with him? Who would think that the bishop of Rome would cōgregate a council for his own correction or deposition? for as men are prone unto sin, so would they also sin without punishment. But when as I do peruse ancient histories, and the Acts of the Apostles, I do not find this order, that councils should be gathered only at the will of the Pope: for the first Council of all, after that Mathias was substitute in the place of Judas, was not congregate at the commandment of Peter, but at the commandment of Christ, who commanded the Apostles that they should not depart from Jerusalem, but look for the promise of the father.

The seconde Council as touching the election of the deacons, Peter alone did not congregate, but the 12. Apostles: for it is written. The 12. Apostles calling together the multitude. &c.

The third Council, which was holden as touching the taking away of circumcision & other ceremonies of the law, was gathered together by a general inspiration: for it is written: The Apostles and Elders came together. &c.

The fourth Council, whereas certain things contained in the law are permitted, seemeth to be gathered by James, & so discoursing throughout all, there can nothing be found in the primative Church, whereby it should appear y ^t the authority of congregating of Councils should pertain only unto Bishops of Rome. Neither alterwards in the time of Constantine Magnus, and other Emperors, was the consent of the bishops of Rome greatly required to the congregating of Councils, and therefore it is written thus of the Synod of Chalcedon: The sacred and universal Synod gathered together at Chalcedone the chief City of the province of Berthunia, according unto the grace of God, & the sanctions of the most godly and Christian Emperors Valentinian and Martian, doeth not make any mention of the Bishop of Rome, although his consent were there.

Wherefore, if the pope would resist, and would have no Council congregate, yet if the greater part of the Church do judge it necessary to have a Council, the Council may be congregate whether the Pope will or no. The Council holden at Pisa, was not congregate by the authority and consent of any Pope, when as Gregory did condemn it, and Benedict cursed it. The same also may be said of the Coūcel of Constance, which was assembled by the authority of Pope John, who in respect of the Spaniards was no true Pope. And if the Council of Pisa were no true Council, Pope John was no true Pope: whereupon his consent to the congregating of the Council of Constance, was of no effect. Moreover it is more then folly to affirm, that when the pope hath once given his consent, if it should be called back, that the Council should then cease, for then it is no more in his power to revoke his consent: And of necessity he must be obedient unto the Council, whereof he is a member, and give place unto the greater part: and if he separate himself from the consent of the greater part, and depart from the unity of the Church, he maketh himself a Schismatic.

Now, to come unto the second conclusion, if it be true, as it is in deed, that the Pope is under the Council, how can the Pope then dissolve, alter and transporte the Council, against the will of the same? For with what countenance can we say, that the inferior hath power over the superior? How can the Synod correct the Pope, if the Pope may dissolve the Synod contrary to the will thereof? Admit that the Pope be libidinous, covetous, a sower of war and discord, and a most mortal enemy unto the Church, and the name of Christ, how can the Council reprove, him, if he have authority to dissolve the Council? For as soon as ever that the bishop of Rome shall understand that in the Council they do entreat or talk of his correction or punishment, straightwaies he will seek remedy by dissolving the Council. For as Macrobius saith: he that hath liberty to do more then is fit or necessary, will oftentimes do more then is lawful. If so be that the Bishop of Rome may exempt himself from correction by dissolving or transporting the Council, it followeth that the Council is not above him. Therefore we must either deny that which is aforsaid, that the Pope is under the Council, or else deny that the Pope hath power to dissolve the Council, contrary to the will and determination of the Council.

And as this first conclusion is most true, so are all other conclusions false, which seem to impugn the same. Wherefore the seconde conclusion of the divines is also manifest: albeit that some do admit it in certain cases, and in other some exclude it again. For if we do admit, that for certain causes the Pope may dissolve the Council contrary to the will and determination thereof, that is to say, to make the Pope judge of the Council, it were clean contrary unto the first conclusion.

Now it is proved that y ^e Council is above the Pope, & cannot be dissolved by the Pope without consent thereof. Now we must further see, whether it be an Article of our faith to believe it: Which matter hath respect unto the third conclusion. For there have been many, which all beit they did confess these two conclusions to be true, yet they doubted whether it were a verity of the Catholic faith or no. Therefore this second part must be confirmed. And we must see whether it be an article of faith that the Pope be under the council. Which being proved, it shall also appear to be an article of faith, that the pope cannot dissolve the council without the consent thereof. Which consequent none of the contrary part hath refused. First of all therefore we must inquire what faith is, that we may thereby the better understand, what pertaineth thereunto.

Faith, as the Divines do define it, is a firm and steadfast cleaving unto things, believed by the authority of him that speaketh. If then we believe as is aforesaid, that the Pope of Rome is under the council, some authority doth move us thereunto: so is it the faith of him which believeth it: but the question is not whether it be an Article of faith only, but whether it be an Article of the Catholic faith. Wherefore we must again inquire what the Catholic faith is. This word catholic is a Greke word, and signifieth universal. The catholic faith, that is to say y ^e universal faith, is not so called because that every man holdeth it, but because every man ought to believe it. For all men do not believe that God is incarnate, but every man ought so to believe. And albeit y ^e many be against this faith, yet doth it not cease to be universal. For what writeth the Apostle unto the Romans? If some of them hath not believed, doth their misbelief make the faith of God vain? God forbid. Verily God is true, but every man is a liar. Therefore to believe that the pope is under the council, is a point of the Catholic faith, although some think the contrary: for we are bound to believe it, for so much as it is taken out of the Gospel. For we are not bound only to believe those things which are noted to us in y ^e Crede, but also all those things which are contained in the holy Scriptures, whereof we may not deny one jot. And those things which we allege for the superiority of the general Council, are gathered out of the sayings of our Savior Jesus Christ, and the Epistles of S. Paul: Ergo, we are all bound to believe it. And to prove that these things are taken out of the gospel, the council of Constance doth witness, the which groundeth his authority upon these words: Dic Ecclesiae, that is to say, tell it unto the Church. And, where 2. or 3. are gathered together in my name. &c. And, whatsoever ye shall bind &c. with other such like texts.

Whereuppon Pope Martin the 4. being yet at Constance, under the license of y ^e Council, sent out his bulls, which do reckon up the Articles, whereupon they ought to be examined, which had fall̄ into any heresy, amongst the which articles he putteth this article: Whether he do believe the sacred general Council to have power immediately from God, and that the ordinances thereof are to be received of all faithful Christians, which if any man would deny, he should be counted an heretic. Wherefore, when as the sacred Synod of Constance, doth set forth this verity, as touching the superiority of the general Council, what should let but that we also should confess the same to be a verity of the Catholic faith? For the catholic church being congregate at Constance, received that faith, that is to say, believed it by the authority of him which spake it, that is Christ and his Saints.

To this purpose also serveth very well the words of the synod of Chalcedon written in this manner: It is not lawful for him that is condemned by the whole Synod to nominate any Bishop. The determination pleaseth all men. Thys is the faith of the fathers. He that holdeth any opinion contrary unto this, is an heretic. And again it is a rule, that it is not lawful to appeal from the elect and chosen Synod.

Mark the manifest witness of this moste sacred Synod, which said that he is an heretic, which holdeth any opinion contrary unto the Council: But he is no heretic, except he refuse the Catholic faith: Ergo, it was the Catholic faith to believe that it was not lawful to appeal from the sacred Council. But howe was the same any point of the Catholic faith? Verily for so much as the sacred Synod perusing over the holy Scriptures, hath received this conclusion out of the words of Christ and other holy fathers. And like as the Synod of Chalcedon took their conclusion out of the holy scriptures, so did the Council of Constance, this which we now reason upon. And like as the one is an Article of the Catholic faith, so is the other also. And he which holdeth any opinion contrary to either of both, is an heretic.

Furthermore, they seem unto me to dream and dote, which confessing them to be vexities, will not confess them to be verities of faith. For if they be verities, I pray you whereof are they verities? Truly not of Grammar, much less of Logike, and from Astronomy and Physic they are far distant. Neither is there any other man but a divine, that will grant this verity, whom Scripture doth force unto it of necessity, if he do believe Christ or his Apostles. Therefore this is a verity of the Catholic faith which all men ought to embrace, and he which obstinately resisteth against the same, is to be judged an heretic, as the third conclusion doth affirm. Neither let any man think it hard or cruel, that he should be called an heretic which goeth about to derogate anything frō the power of the geuerall Council, which is confirmed by so many testimonies and authorities. Also Panormitan alledgeth S. Jerome, saying: He which understandeth the scripture otherwise then the consent of the holy Ghost doth require, albeit he do not depart from the Church, may be called an heretic.

Wherupon it followeth that he which upon the words of Christ saying unto Peter, Dic Ecclesiae. i. Tel it unto the Church, doeth not understand by the Church the general Council, understandeth it otherwise then the sense of the holy Ghost doth require, and there by may be noted as an heretic. And to prove that the sense of the holy Ghost is otherwise then he doth judge it, the council of Constance, doth declare: The which interpreting those words, Dic Ecclesiae. i. Tel it unto the church, spoken by the holy Ghoste, understandeth them to be spoken of the general council. By these and many other weightier reasons, the 3. aforesaid conclusions, seemed true unto the Divines, & thorough them they also allowed the residue.

Now have we suffiētly said, as touching that which was before promised: neither do I think any man now to be in doubt of these 3. first conclusions. Now to return again unto our story, it is our purpose to declare those things which happened after the conclusions of the Divines: for there are many things worthy of remembrance, which also may happily be profitable unto the posterity.

When the disputation was ended and a final conclusion of these matters even at hand, the Archbish. of Millaine and Panormitane with the residue of their fellow ambassadors of the king of Aragon, and duke of Willam, armed themselves with all their power to let the matter, exhorting all men of their faction to withstand it with stout and valiant stomachs.

And first of all, as soon as the congregation was assembled together, the bishop of Burgen exhorted them to defer the conclusion, & to tarry for the Ambassadors of other Princes, which would return from Mainz.

After him Panormitane with a grave and Rhetorical Oration, spake (in a manner) as followeth.

I have (said he) had a commandment by the prophet, to cry without ceasing: Which prophet said: Cry out, cease not, lift up thy voice as a trumpet. If that in any matter at any time before, he ought to have cried, this matter specially which is now in hand lacketh crying and roaring out, when as the state of the universal church is entreated upon, either to be preserved, or utterly overthrown: and that he hath cried so much in this matter, that he doubted not, but the saying of David was fulfilled in him, where he saith: Laboraui clamans, raucae sunt factae fauces meae. I have labored, crying out, that my jaws are become horce.

Notwythstanding that he would both now, and as often as need should require, without ceasing still cry out, and specially now in this most difficult and weighty matter: where in he required the sacred Council gentlely to hear both him, and the Ambassadors of other Princes: adding moreover four things to be considered in all requests made of any man. The which he also required the fathers now presently, to mark & consider. Who it is that maketh the request. What is required. Why it should be required, and what effect would come by the request either granted, or denied. As touching the first point he said: The most noble kings and excellent Princes with their prelates to be of great power: and then reconed up y ^t king of Castill, the king of Arrogon, the Duke of Millaine, and the Bishops of the same Princes, rehearsing also the merits & good deeds of the said kings, & also of the duke of Millaine. But when as he came to make mention of the prelates, he could not restrain himself, but began to wax somewhat hot, saying that the greatest number of Prelates were on his parte. For if the Bishops and Abbotes were counted, it were not to be doubted, but the greatest part of them would have this present matter deferred: and forsomuch as the whole power of the council doth consist in the Bishops, it is not to be suffered, that they being neglected and contemned, that should be concluded which pleased the greater part of the inferiors: For the keys (said he) were given to the Apostles, & to their successors which are the Bishops: also, that there are three kinds of Synods, Episcopal, Provincial, and General, and none of all these without Bishops.

Wherefore the manner and order of the present Council seemed indecent, whereas things were not weighed according as men excel in dignity, but by moste voices: Notwithstanding according to y ^e most famous Epistle of Clement, the Bishops were the pillars and keys of heaven, and the inferiors had no determining voice, but only a consultatiue voice with them: wherefore there would be a great offense in this behalf, if a matter of faith should be determined without the bishops: in which matter not only the bishops, but also the secular Princes ought to be admitted. And for so much as they, in y ^e name of their princes, desired to be admitted to the examination of this present matter, and would examine the matter more fully, he complained greatly how unworthy a thing it was that they should be contemned or despised.

After many things spoken to this ende & effect, he passed over to the second part of his Oration, declaring what it was y ^t he required: not gold, nor silver, neither precious stones, neither provinces nor kingdoms, neither a thing hard to be done: but that only the delay of the sacred council was required, & that the fathers would stay in the process against the Pope, and in the conclusion and determination of matters which are now in hand. Neither should the delay be long, but only until the return of the Ambassadors from Mainz, whom he knew well would return very shortly. That this was but a small matter, and to be small entreaty, because there was no danger in it. And also it should seme injurious, not to tarry for the Ambassadors of the Princes which were then at Mainz, when as they were not absent for their own private commodity, but about the affairs of the common wealth, and the commodity of peace: neither had he forgotten, y ^t at their departure they had desired, that during their absence, there should be nothing renewed concerning the matters of Eugenius.

Then immediately adjoining the third part of his Oration, wherefor this delay was required, he concluded, that it was not required for the private commodity of any one man, but for a common wealth: not to cause any trouble or unquietness, but for the better examination of the matter, y ^t all things might pass with peace and quietness, that the matter might be so much the more firm and stable, by how much it is ratified & allowed by the consent of many. And so he proceeded to y ^e last part of his argument, requiring the fathers that they would consider and wey in their minds the effect that would follow, if they should grant or deny this request. For (saith he) if ye shall deny this small petition of the Princes, they all will be aggrieved therewith, and take this repulse in ill parte. They will say, they are contemned of you, neither will they be obedient unto you, or receive your decrees. In vain shall ye make laws except the Princes do execute them, and all your decrees shall be but vain: yet would I think this to be borne w ^t all, if I did not fear greater matters to ensue. What if they should join themselves with Eugenius, who not only desireth to spoil you of your livings, but also of your lives. Alas, what slaughter and murder do the eyes of my mind behold and see? Would God my opinion were but vain. But if you do grant and consent unto their petitions, they will think themselves bound unto you: they will receive and embrace your decrees, and whatsoever you shall require of them shall be obtained. They will forsake your adversary, they will speak evil of him and abhor him: but you they will commend and praise, you they will reverence: unto you they will wholly submit themselves, and then shall follow that most excellent fruit of reformation and tranquility of the church. And thus he required the matter to be respited on all partes. At the last he said, that except the Ambassadors of y ^e Princes were heard, he had a protestation, written, which he would command to be read before them all.

When Panormitan had made an ende of his Oration, Lodouicus the Prothonotary of Rome rose up, a man of such singular wit and memory, that he was thought not to be inferior unto any of the famous men afore time. In so much that he had always in memory whatsoever he had heard or red, and never forgot any thing that he had seen. This man first commending Panormitane, said that he came but the day before from the haths, & that it seemed unto him a strange thing which was now brought in question: wherein he desired to hear other men's minds, and also to be heard of others, and that those prelates which were at Mainz should be tarried for, to be present at the discussing of this matter, in the name and behalf of their Princes, which prelates were men of great estimation, and the Orators of most mighty Princes.

He allowed also the saying of Panormitane touching the voices of the inferiors, that it seemeth not to be against the truth, that only Bishops should have a deciding or determing voice in Councils. And all be it that some in this disputation do think that, which is writ̄ in the 15. chapter of the Acts, to be their force or defense: notwithstanding he was nothing moved therewith, nor took it to be of any effect, albeit it was said: It seemed good unto the holy Ghost and to us, where as both the Apostles and the elders were gathered together: whereby it appeared: that y ^e others had a deciding voice w ^t the Apostles. For he said, that there was no argument to be gathered of the Acts of the Apostles, whose examples were more to be meruailed at, then to be followed: and that it doth not appear there, y ^t the Apostles called the Elders of duty, but that it is only declared that they were there present: whereupon nothing could be inferred. And that it seemed unto him, that the inferiors in the Council of Basel, were admitted to determine with the Bishops but of grace and favor only, because the Bishops may communicate their authority unto others. He alleged for testimony, the bishop of Cancen, a man of great authority, who would not suffer any incorporation or fellowship of the meaner sort, and therefore, neither any inferior, neither himself, which as yet was not made Bishop, to have any deciding voice in the council. Wherefore, for so much as the matter was weighty, which was now in hand, and that the Bishops spake against it, he required the Council that they would of necessity stay and tarry for the Ambassadors of the Princes coming from Mainz.

His Oration was so much the more grievous, in that many were touched with his words, and specially in that point, that he said, the apostles were not to be followed: for that all men did impugn as a blasphemy. But here a man may meruel, that a mā of such excellency, alleged no more or better matter. But in this point the memory of the man is to be pardoned, which did not willingly speak in this matter, and desired nothing so much, as not to obtain that which he entreated for. After him many other spake their minds, but all to this end that they might protract the time and defer the conclusion of these matters.

THen Lodouicus the Cardinal Arelatensis, a man of marvelous constancy, & borne for the governance of general councils, gathering together the words of all the orators, spake in this wise: Most reverend fathers, this is no new or strange business, nor begun today or yesterday. For it is now many wekes ago, since the conclusions were disputed upon amongst the divines, & sent unto Mainz, and to all other partes of the world. After this, they were disputed upon 6. days continually, and fully discussed, and after that not without great delay approved by the deputies, and as the truth seeketh no corners, so all things were done publicly and openly. Neither can any man pretend ignorance, neither are the Prelates or Princes contemned: For we called all that were present at Basel, and exhorted all y ^• rest for to be present. And for so much as mention is made of the most noble King of Castell: who is it that is ignorant, that the kings Orators were there present? The bishop of Burgen and Ebrun, men of singular learning and eloquence, and you also Panormitane youre self, which here represent the person of the moste famous king of Aragon, were twice present yourself in the chapter house, and disputed twice most subtly, and twice declared your mind, what you thought in that matter. What do you desire anymore? Also out of the territory of y ^t Duke of Millaine, there was present the Archbish. of Millaine, who albeit, he be no Ambassador, yet howe famous a Prelate he is, you are not ignorant. When he had spoken these words, the Archbishop being somewhat moved, said unto him. My Lord Cardinal, you supply the room of a president no better, then I do the place of a Dukes Orator, and began to taunt him with many words. But the Cardinal, (as he was a man moste patient: and would not be provoked to anger by no means) said: this is it y ^t I even now desired. For if the Archb. be an Ambassador, then hath the Duke no cause to complain, which had his Orator present at the discussing of those matters.

I pass over other Princes, because they do not complain. Notwythstanding the most Christian Kynge of France, had there the Bishop of Lions, a grave and sober man, his Ambassador at the disputation. As for other princes, I see no cause why they should be tarried for, which knowing the council to be congregate for such matters as pertain unto faith, do not think it absurd, that the doutfull matters of faith should be declared in the Council: Whereunto, if they had been willing to come, they would have been present or this.

Why this matter should need so much discussing, as some will have, I do not understand. For if I be well remembered, Panormitane and also Ludouicus, have oftentimes affirmed in this place, evē y ^e very same thing which the conclusions signify. And if any of them now will go about to gaynsay it, it will happen unto them, as it did unto Didimus. To whom, when as on a time, he repugned against a certain history, as vain and frivolous, his own book was delivered unto him, wherein the same was written: So likewise these two men (meaning Panormitane & Ludouicus the Prothonotary) Although they be excellently learned, & eloquent: yet may they be confuted by their own writings. Besides this: there are Synodal Epistles and decrees of this Council, which are full of such conclusions. What is it then whereupon any difficulty can be raised? What is it that may be impugned? Shall we now bring that again in doubt, which hath so often been declared, affirmed, and decreed? But (say they) the princes & Ambassadors are absent which are bishops by whose presence the decrees should be of more authority. Well, they are not only absent which are gone to Mainz: but almost an infinite number of others, dispersed throughout y ^e whole world: whō if we should tarry to look for, nothing at any time should be decreed. They are all called unto the council: they might have come if they would. To those that are present power is given, and they ought to debate these matters. If any man will say, y ^t they which are absent, are about the affairs of the common wealth: truly we sent them not thither, but they went rather against the will of the Council, then with the consent thereof.

And admit that they had been sent by the Council: yet were not our power so much restrained, but y ^t we might reform the Church, for otherwise there should never anything be done in y ^e Council: for so much as always some are sent out by the Council, and some are always to be looked and tarried for, and therefore we must either do nothing at all, or send out no Prelates from the Council. Whereas he said that Prelates and specially Bishops are contemned, that is most far from the truth, for they have the chief and first places. They speak first, and give their voices first of all unto all things: and if so be they do speak learnedly and truly, all the inferiors without any gaynesaying, did soon follow their mind.

Neither peradventure shall it be found untrue, that there was never any Synod: which did more amplify y ^e power & authority of Bishops then this. For what have the Bishops been in our days, but only shadows? Might they not well have been called shepherds w ^t out y ^e sheep? What had they more thē their miter and their staff, when as they could determine nothing over their subjects Verily in the primitive Church, the Bishops had y ^e greatest power & authority: but now was it come to y ^t point that they exceeded the common sort of priests only in their habit and revenues? But we have restored them again to their old state, we have reduced the colation of benefices again unto thē: we have restored unto thē y ^e confirmation of elections: we have brought again the causes of the subjects to be heard, into their hands: & have made them bishops which were none before. What cause is there then, y ^t the Bishops should say, they are contemned of the Council? Or what injurious thing have we at any time done unto them? But Parnormitan saith, y ^t forsomuch as most bishops are on his parte, and few against him, the conclusion is not to be determined by the multitude of the inferiors, but let Panormitan remember himself, that this is no new kind of proceeding.

This order of proceeding, the Council ordained from the beginning, neither hath it been changed at any time since. And this order Panormitan, in times past hath pleased you well enough, when as the multitude did follow your mind. But now, because they do not follow your mind, they do displease you. But the decrees of the Councils are not so mutable, as the wills of mē. Know ye moreover, y ^t the very same bishops which do consent with you in word and do not consent w ^t you in mind, neither spake the same secretly, which they now do openly. They do fear that which you told them at home in their country, that except they would follow your mind, they should displease the king. They fear the power of the Prince, & to be spoiled of their temporalties: neither have they free liberty to speak as is requisite in Councils. Albeit if they were true Bishops, & true pastors of souls, they would not doubt to put their lives in venture for their sheep, neither be afeard to shed their blood for their mother the Church.

But at this present (the more is the pity) it is to rare to find a Prelate in this world, which doth not prefer his temporalities before his spiritualties: w ^t the love whereof, they are so withdrawn, that they study rather to please Princes then God, and confess God in corners, but Princes they will openlie confess. Of whom the Lord speaketh in his Gospel. Everyone saith he, that confesseth me before men. I will confess him before my father which is in heaven. And contrariwise the Lord will not confess him before his father which is afeard to confess the Lord before men. Neither is it true which Panormitan saith, most bishops to be on his part, for here are many bishops proctors whō he doth not reckon, because they are not of his opinion. Neither is the dignities of the fathers, to be respected in the Council, as he saith, but only reason, nor anyethyng more to be looked for then the truth: neither will I for my part, prefer a lie of any bishop, be he never so rich before a verity or truth of a poor priest. Neither ought a bishop to disdain, if he be rude or unlearned, y ^t the multitude doth not follow him, or that y ^e voice of a poor learned and eloquent priest should be preferred before his. For wisdom dwelleth oftener under a bare and ragged cloke, then in rich ornaments and apparel.

Wherefore I pray you my Lord bishops, do not so much contemn your inferiors, for the first which died for Christ the which also opened unto all other the way of Martyrdom, was no bishop but only a Levite. As for y ^t which Ludouicus and Panormitane do allege touching y ^e voices of Bishops, I know not where they have it. Wherefore I desire them y ^t they would tell me, where they have found it. But if we repeat the examples of old councils, we shall find that the inferiors were always present with y ^e Bishops. And albeit that Ludouicus do forbid us the examples of the apostles, I stay myself most upon their doings For what is more comely for us to follow, then the doctrine & customs of the primitive Church? It is said therefore in the 15. chapter of the Acts of the Apostles, it seemed good unto the holy ghost and to us. The which word (to us) is referred unto them which are before named, the Apostles and the Elders. Neither this word, (it seemed good) signifieth in this place consultation, but decision and determination, whereby it appeareth, y ^t other beside y ^t bishops had determining voices. In another place also of the said Acts, when as the apostles should entreat upon any wayghty matter, they durst not determine by themselves, but the xii. called together the multitude.

Here Ludouicus saith, y ^t it doeth not appear y ^• the Apostles called other of necessity: but I say unto him, how knowest thou y ^t they did not call thē of necessity? But for so much as both partes are uncertain: nothing doth prohibit us to follow the Apostles. For seeing that all things were written for our learning, it appeareth that the Apostles would give us example, y ^t in wayghty matters we should admit our inferiors. And therefore in all Councils which were celebrate & holden afterwards, we find that Priests were also present: as in the Council of Nice, which of all other was most famous, Athanasius being then but only a priest, withstood the Arians, and infringed their arguments: Albeit there were also other priests. And albeit mention be made of 322. bishops, yet is not denied, but y ^t the inferiors were there, whom I think to be omitted for this cause, for that they were almost innumerable: for as you know well enough, the denomination for the most part, is taken of the most worthy.

In the Synod of Calcedon (which was counted one of the four principal Synods) it is said that there were present 600. priests: the which name is common both unto bishops and Priests. In other Councils the name both of Bishops and Priests is omitted, & mention made only of Fathers, which hath the same signification y ^e this word Elders had in the acts of the Apostles. We have also a testimony of the ecclesiastical history, how that there was a Council gathered of Rome of lx. Bishops, and as many Priests & Deacons against the Nouations which called themselves Cathari. Also, when Paul the Bishop of Antioch, in the time of Galiene the Emperor, preached y ^t Christ was a man of common nature, the Council assembled against him in Antioch: whereunto there came Bishops out of Cesaria, Capadotia, out of Pontus, Asia, and from Jerusalem, and many other Bishops, Priests and Deacons: and it is said that for that cause the Council was often holden.

And at the last, in the same place, under Aurelius the Emperor Paul was condemned of all Christian Churches which were under heavē: neither was there any mā, which did more confound the said Paul, then Malchiona Priest of Antioch, which taught Rhetoric in Antioch. But to make no long digression from the matter, we have most evident testimonies, for the defense of the inferiors. For the chief and principal amongst all the Divines S. Agustine vpō the words of Matthew, where as Christ saith unto Peter: I will give thee the keys of the kingdom of heavē, saith that by those words, the judicial power was given, not only unto Peter, but also to the other Apostles and to the whole Church the bishops and Priests. If then Priests have a judicial power in the church, what should iet y ^t they have not also a determining voice in y ^e councils? The famous Doctor S. Jerome doth also agree with S. Agustine, whose words are these upon the Epistle of Paul unto Titus. Before that difference was made in Religion by the instigation of the devil, or that it was spoken amongst the people, I hold of Paul, I of Apollo, & I of Cephas, the Churches were governed by y ^e common consent and Council of the Priests: for a priest is the very same that a bishop is. Wherefore all Bishops ought to understand, that they are of greater power then Priests, rather by custom then by y ^e dispensation of y ^e truth of God and y ^t they ought to rule the church together. And this we do also gather out of Paul unto Titus, which maketh so much concordaunce between bishops and priests, that oftentimes he calleth priests Bishops, whereby it doth evidently appear, that priests are not to be excluded from the conuentions of bishops, and determinations of matters. And albeit as S. Jerome writeth, that bishops only by custom are preferred before Priests, it may be, that a contrary custom may take away that custom. For if priests ought to rule the church together with the bishops, it is evident that it also pertaineth unto them to decide and determine the doubtful matters of the Church.

Wherefore the testimony of S. Paul is evident: for (as he writing unto the Ephesians saith:) If Christ instituted his Apostles, Prophets, Pastors, and Teachers to the work of the ministry, for the edifying of his Church until such time as we should meet him, for this purpose that there should be no doubt in the diversity of doctrine, who doubteth then, but that y ^e governance of the Church is committed unto others together with the Apostles? Let these our champions now hold their peace, and seem to be no wiser then they ought to be. The memorial of the council of Constance, is yet fresh in memory, whereas diverse of us were present, and I myself also which was neither Cardinal nor bishop, but only a Doctor, where I did see, without any manner of doubt of difficulty, the inferiors to be admitted with the bishops, to the deciding of hard & doubtful matters. Neither ought we to be ashamed to follow the example of that most sacred and great Council which also followeth the examples of the Council of Pisa and the great Council at Lateran, wherein it is not to be doubted, but that the Priests did jointly judge together with the bishops.

Moreover, if Abbotes, as we do see it observed in all Councils, have a determining voice, which notwithstanding were not instituted by Christ: why should not priests have the same, whose order Christ ordained by his Apostles? Hereupon also, if one bishops should have a determining voice, nothing should be done, but what pleased y ^t Italian nation, the with alone doth exceed all other nations, or at the least is equal w ^t them, in number of bishops And howsoever it be, I judge it in this behalf to be a work of God, that the inferiors should be admitted to the determinations: for God hath now revealed that unto little ones which he hath hidden from the wise.

Behold you do see the zeal, constancy, uprightness, and magnanimity of these inferiors. Where should the council now be, if only bishops and Cardinals should have their voice? Where should the authority of the Councils be? Where should the Catholic faith be? Where should the decrees and reformation be? For all things have now a long time been under the will of Eugenius, and he had now obtained his wicked & naughty purpose, except these inferiors, whom you now contemn, had withstand him. These are they which have contemned the privation made by Eugenius. These I say, are they which have not regarded his threatenings, spoil and persecution. These are they which being takē, imprisoned, & tormented: have not fered to defend the truth of the Council, yea even these are they, who albeit they were by Eugenius delivered over for a pray, yet would they still continue in y ^e sacred council, and feared not to to suffer war, famine, & most cruel pestilence: and finally what thing is it, that these men have not willingly suffered for the right and equity of the council? you might have heard this inferior sort even in y ^e midst of their tribulations, with a loud voycr cry out and say, albeit that all men become obedient unto that subuerter of y ^e Church Eugenius, and that every man do depart from y ^e verity of the faith and constitutions of the fathers, consēting unto the commandments of Eugeneus, yet we & our brethren will be constant, and doubt not to die for the truth and traditions of the holy fathers, the which in deed they have done. Neither could they be feared with threatenings or discouraged with any spoils, neither could any fear or hope, turn them from their most blessed purpose: and (to speak somewhat of mine own order) whether any Cardinals have done the like or no, that judge you.

As for Bishops, whō Panormitane alone would have to determine, you see how few of them are on our part, & even they which are here present, are not able, by virtue to overcome iniquity, they fear the terrene power, and commit offense with their hast. Have ye not heard how they all said: they would consent unto the kings will and pleasure? But y ^e inferiors are they which have had truth, righteousness, & god himself, before their eyes, & they are greatly to be commended for showing themselves such men unto y ^e Church of God. But why do I defend y ^t cause of these inferiors? When as some will also exclude those bishops which are but bishops by name and title, and have no possession of the Church, from our company, not understanding that whilst they go about to put back those mē, they do condemn Peter, and the other Apostles, who (as it is evident) were long without any great flock, neither was Rome unto Peter, nor Jerusalem unto James, at any time wholly obedient: for at that time no great number of people, but a small flock believed in Christ.

For I pray you, what is that we should require of these bishops? They have no flock, but that is not their fault. They have no revenues, but money maketh not a bishop, and as the Lord saith Beati paupers spiritu. i. Blessed are y ^• poor in spirit. Neither was there any rich Bishops in the primitive Church, neither did the ancient Church reject Dionysius Bishop of Millayne, Eusebius Bishop of Uercelles, or Hillary Bishop of Pictauia, although they were never so poor, and banished without a flock. But if we will grant the truth, the poor are more apt to give judgment then the rich, because that riches bringeth fear and their poverty causeth liberty. For the poor men do not fear tyranny as our rich men do, which being given over unto all kind of vanities, idleness and sloth, will rather deny Christ, then lack their accustomed pleasures: whom not their flock, but their revenues make bishops deliting so much in riches, that they judge all poor men unhappy. But, as Cicero saith: nothing can happen better unto a wise man, then mediocrity of substance. Wherupon it is written in the Gospel: It is easiar for a Cammel to pass through a needle eye, then for a riche man to enter into the kingdom of heaven.

But now to return to a more full declaration of Panormitans words, I determine to pass over two points which he pronounced in the beginning of his Oratiō, that is: Qui petant, & cur petant, i. who maketh the petition, and for what cause they make their petition. We grant y ^e they are great men, & men of power, and (as he doth affirm) y ^e they have deserved good of y ^e church, neither do I doubt but that they are moved thereunto, with a sincere affectiō. But whether it be a small matter that is required, or that the same effects would rise thereupon, which he spake of: it is now to be inquired. A delay (saith he) is required: a delay for a few days. A small matter: a matter of no importance: a matter easy to be granted. Notwithstanding let Panormitane here mark well, that he requireth a delay in a matter of faith. The verities are already declared: they be already discussed and determined. If now there should be but a little delay, it would grow to a long delay: for often̄ times y ^e delay of one moment, is y ^e loss of a whole yere, here of we have many examples. Hannibal whē he had obtained his victory at Cannas, if he had gone straight unto Rome, by all men's judgments, he had takē the city. But for so much as he did defer it until the next day, the Romaines having recovered their force again: he was shut out, and deserved to hear this opprobry.

Likewise the French men, after they had taken Rome and besieged the Capitol, whiles that they gredely sought to have great sums of money, & delayed the time in making of their truce, Camillus coming upon them, did most shamefully drive them out again. But what need I to rehearse old histories, when as our own examples are sufficient for us? Ye know yourselves how often these delays have been hurtful unto you, & how often̄ the delay of a few days hath grown to a long tract of time. For now this is the 8. year that you have spent in delays: & you have seen, that always of one delay another hath sprong and risen. Wherefore I do require that Panormitan should consider, that y ^e conclusion being this day disturbed, we know not whether it will be brought to pass hereafter again or no. Many impedimentes or lets may rise. Neither doth Panormitan say, that this delay being obtained, he would afterward consent with his fellows unto the conclusions: for he denieth that he hath any commandment thereunto & (which is more to be considered) he saith that the Ambassadors at their return from Mainz, may bring such news, whereby these conclusions may be omitted: as though any thing were more excellent then the truth.

The which thing doth manifestly declare, that they do not seek delays for the better examination of the matter but for to impugn the conclusions the more strongly. Neither do I agree with Panormitan, as touching the effects which he said should rise either of the denial, or granting of y ^e requests: For I see no cause why y ^e Princes should so greatly require any delay. There are no letters of any Prince come unto us as touching such request, neither is there any man lately come from them, neither is it greatly material unto them, but that the matters of faith should be determined. But this is a most pernicious conclusion which Panormitane hath made, and not to be looked for at the hands of those most godly princes, whereas he saith if we do please them, they will take our part. If contrariwise, they will decline unto Eugenius, and wholly resist & rebel against us. This is a marvelous word, & a wonderful conclusion, altogether unworthy to be spoken of such a man. The decrees of the Council of Constance are, y ^t all manner of men, of what state or condition soever they be, are bound to the ordinances and decrees of the general Councils. But Panormitanes words do not tend to that effect, for he would not have the Princes obedient unto y ^e Council, but y ^t council to be obedient unto y ^t princes.

Alas most reverend Fathers alas, what times & days what manners and conditions are these? Into what misery are we now brought? How shall we at any time bring to pass, that the Pope being Christ's Vicar (and as they say) another Christ in earth, should be subject unto y ^e council of Christians, if the Council it self ought to obey worldly Princes? But I pray you look for no such things at the Princes hands. Do not believe that they will forsake their mother the Church. Do not think them so far alienate frō the truth, y ^t they would have justice suppressed.

The conclusions whereupon the controversy is, are most true, most holy, most allowable. If the princes do refuse them, they do not resist against us, but against the holy Scriptures, yea and against Christ himself: which you ought neither to believe, neither was it comely for Panormitane so to say. Panormitan (by your license be it spoken) you have uttered most cruel words, neither do you seem to go about any other matter, then to inculcate terror and fear into the minds of the Fathers: for you have rehearsed great perils and dangers, except we submit our selves unto the princes.

But you most reverend fathers, shall not be afearde of them which kill the body, the soul they cannot kill: neyshal ye forsake the truth, although you should shed your blood for the same. Neither ought we to be any whit more slack in the quarrel of our mother the church and the Catholic faith, then those most holy Martyrs, which have established the Church with their blood. For why should it be any grievous matter unto us to suffer for Christ, which for our sakes hath suffered so cruel & grievous death? Who when he was an immortal God, void of all passions toke vpō him y ^e shape of a mortal man, & feared not for our redemption to suffer torments upon the cross. Set before your eyes the Prince of the Apostles, Peter, Paul, Andrew, James, and Barthelmew, and not to speak only of Bishops) Mark what Stephen, Laurence, Sebastian & Fabian did. Some were hanged, some headed, some stoned to death, other some burned, and others tormented w ^t most cruel and grievous torments suffered for Christ's sake. I pray you for God's sake let us follow the example of these men. If we will be bishops and succeed in honor let us not fear Martyrdom. Alas what effeminate harts have we? Alas what faint hearted people are we? They in times past by the contempt of death, converted the whole world, which was full of gentilitie and idolatrye: and we through our sluggishness & desire of life, do bring the Christian Religion out of the whole world into one corner, & I fear greatly, least y ^t little also which is left, we shall lose through our cowardliness: if that by following Panormitanes mind, we do commit the whole governance & defense of the Church unto the princes. But now play the stout and valiant men in this time of tribulation, & fear not to suffer death for the Church, which Curtius feared not to do for the city of Rome: which Menchotheus for Thebes, & Codrus for Athens, willingly took upon them.

Not only the martyrs, but also the Gentiles might move and stir us to cast of all the fear of death. What is to be said of Theremens the Athemen? With how joyful heart and mind, and pleasant countenance, did he drink the poison? What say you unto the Socrates that most excellent Philosopher? did he either weep or sigh, when he supped up the poison? They hoped for that which we are most certain of. Not by dying to die, but to change this present life for a better.

Truly we ought to be ashamed, being admonished by so many examples, instructed with so great learning, yea and redeemed with the precious blood of Christ, so greatly to fear death.

Cato writeth not of one or two men, but of whole legions, which have cheerfully & courageously gone unto those places, frō whence they knew they should not return. Wyth like courage did y ^e Lacedemoniās give thenselves to death at Thermopilis, of whom Simonides writeth thus.

Neither judge the contrary, but that the Lacedemonians went even of purpose unto death: unto whom their Captayne Leonidas said: O ye Lacedemonians, go forward courageously, for this day we shall sup together with y ^e infernal God's, but I most reverend fathers, do not invite you unto the infernals as he did his Lacedemonians, but unto the celestial and everlasting joys of Paradise, if that you can suffer death for the truths sake, and patiently abide the threatenings of these princes, if there be any threatenings at all. I call you unto that eternal glory: where as there is no alteration of state, nothing decayeth or fadeth: where all good and perpetual things do abound: whereas no man wanteth, no man enuyeth another, no man stealeth frō another, no man violently taketh frō another, no man banisheth, no man murdereth, and finally no man dieth. Whereas all men are blessed and happy, all are of one mind & one accord, all are immortal, all are of like estate, & that all men have, every man hath, & that every mā hath all men have. Which things if we will consider, we shall truly answer Panormitan, as Theodorus Cyrensis is said to have answered Lismachus the king, whē he threatened to hang him: who said, I pray you threaten these horrible things unto your Courtiers, as for Theodorus, it maketh no matter whether he rotte above the ground or under the ground. So likewise let us answer unto the princes, if there be any that do threaten us, and let us not fear their torments.

What doth a longer life prevail to help us? No man hath lived to short a time, which hath obtained the perfect gift of virtue. And if the death which a man suffereth in the quarrel of his country, seemeth not only to be glorious amongst the Rhetoricians, but also happy & blessed, what shall we say for these deaths which are sustained for the country of all countries, the Church? Truly most reverend fathers, it is to much that our adversaries do persuade themselves of you, for they judge you fearful, sluggish and faint hearted: and therefore they do object Princes unto you, because they think that you will not suffer hunger, thyrst, exile in the quarrel & detence of the church. But I think you will esteem it no hard matter, for the obtaining of everlasting life, to do the same which shipmen do for the obtaining of transitory riches, to put themselves in danger of the sea & wind, and suffer most cruel storms.

The hunters lie abroad in the nights in the snow in the hills and woods, & are tormented with cold: yet have they none other reward, but some wild beast of no value or prize. I pray you what ought you then to do, whose reward shall be Paradise? I am ashamed of our ignauie, whē as I read that women, yea even young maidens have violently obtained heaven through their Martyrdom, and we are made afraid only with the name of death. Thys river of Rhein which runneth along by the city in times past hath carried 11. thousand virgins unto Martyrdom. In India (as Cicero writeth) whē any mā was dead, his wives (for there they had many wives) came not into contention who should be burned with him: and she whom he loved best, having vanquished the other, all y ^e rest joyfully following her, was cast into the fire with the dead Carcase of her husband and burnt. The other which were overcome, departed full of heaviness and sorrow, wishing rather to have died then live.

The which courage we now taking upon us for Christ's sake, will answer Panormitan even as the Lacedemonians answered Phillip, who when as by his letters he threatened them, that he would stop all that which they went about, they asked him whether he would also let thē to die. Therefore as you are excellent men, so use your virtue, which is always free, and remaineth always invincible. For you do know that power is givē you of y ^e Lord and strength from y ^e most highest: who will take accompt of your works and examine your thoughts: unto whom ye should be careful to render a good accompt, judging rightly and keeping the law of righteousness, and in all things walking according to the will of God. And not according to the will of men.

And whereas the Ambassadors of Eugenius, do openly preach and declare a new doctrine, extolling the bishop of Rome above the universal church: to the end that ignorant souls be not snared, ye shall not cease or leave to publish the three first conclusions, following the example of y ^e Apostle Paul, which would in no point give place unto Peter when he walked not according to the Gospel. As for the other matters, which do respect the only person of Eugenius (because Panormitan and the other Ambassadors of the princes, shall not say that we do pass our bonds) ye shall defer them for this present.

When as Cardinal Arelatensis had made an ende of his Oration, there was a great noise crying, out & brawling everywhere. The Presidents commandments were not regarded, neither was the accustmed order observed: for sometimes they spake unto Panormitan, sometime unto Lodouicus: no man was suffered to speak but in haste the bishops brawled with bishops, and the inferiors w ^t their fellows. All was full of contention & debate: which when as Lodouicus the Patriarck of Aquileia perceived a man of no less courage and stomach, then of nobillitie and birth, being also a Duke, for the zeal which he bare unto the universal church, turning himself unto Panormita • & Lodouicus the Prothonotary, said: Do not think the matter shall so pass, you know not yet the manners of y ^e Germaynes, for if you go forward on this fashion, it will not be lawful for you to depart out of this country with whole heads: With which words Panormitan, Lodouicus, and the Archbishop of Millaine, being stricken (as it were with lightning from heaven, rose up, & said: Is our liberty thus taken from us? What meaneth it that the patriarcke doth threaten us, that our heads should be broken? And turning themselves unto John Earl of Dierstene, which then supplied the protectors place, they demanded of him whether he would defend the Council and preserve all men in their liberty, or no.

The Citizens also and Senators were present to provide and foresee that no offense should rise, for the Citizens observed always this order, that they would be present in all affairs, which they supposed would breed dissension, foreseeing specially that no tumults should rise, otherwise then with words. They used always such a marvelous foresight & providence, that no man unto this day, could have any cause against them, to complain for violating their promise. Wherefore if at any time, any citizens have deserved well at the hands of the church, surely this praise is to be given unto y ^e Basilians. These men together with John Earl of Dierstene, being present in the assembly of y ^e fathers, gave a sign of preseruatiō of their liberty. The Earl (albeit he was moved at the strangeness of y ^e matter, for he would not have thought so great contētions could have risen amongst wise mē) answered by his interpreter, y ^e they all should be of good cheare. For y ^e Emperors safe conduict should be observed and kept evē to the uttermost, neither should the Patriarck, nor any other once violate the liberty, or take away the assurance granted by the Emperor. Notwithstanding he desired the patriarche y ^t he would call back his words again, & not to speak anymore in such sort. But that famous father, being nothing at all moved, or troubled, committed his whole mind unto John de Bacheistein, auditor of the chamber, a man both grave and eloquent, to be declared. Who affirmed that the patriarches mind was not to threaten any man, or disturb the liberty of the council, but to move y ^e fathers unto Constancy, that they should be mindful of the reformation, which they had promised unto the whole world, and not so say one thing today, & another tomorrow: for if they would so do, it were to be feared, least y ^e lay tie seeing themselves deluded, and dispayring of reformacion should rise against the Clergy.

Therefore he monisheth the fathers to foresee and provide for the peril, that they should not depart from the Council, nothing being determined or done: and finally he desired pardon, if in his words he had offended either against the Council, Panormitā, or any other mā. Whereby he declared it to be true which is commonly said, that Humility is the sister of nobility: both which did very excellently appear in this man. Yet for all this, could not the humility of the patriark stop or stay their noise or cries: For as often as mention was made of reading the Concor datum, great noise and rumors were still made, for to stop the same. Then Amodeus archbishop of Lions, and primate of all France, a man of great reverence and authority, being touched with the zeal of faith, which he saw there to be stopped and suppressed, said: Most reverend fathers, I have now a great occasion for to speak: for it is now 7. years or more, that I have been amongst you, yet have I never seen the matter at that point which it is now at, most like unto a miracle, for even presently I do behold most wonderful signs of miracles, for it is no small matter that the lame do walk, the dumb do speak, and that poor men preach the Gospel. Wherupon I pray you cometh this sudden change? Howe happeneth it that those which lie lurking at home, are now suddenly start up, Who hath given hearing to the deaf, and speech to the dumb? Who hath taught the poor men to preach y ^e gospel? I do see here a new sort of prelates come in, which unto this present have kept silence, and now begin to speak. Is not this like to a miracle? I would to God they came to defend the truth, and not to impugn justice.

But this is more to be marveled at then any miracle, that I do see the best learned men of all, impugn our conclusions which are most certain and true: And they which now reprove them, in times past allowed them. You are not ignorant howe that Lodouicus the Prothonotarye preached these verities at Louain and at Collē, & brought them from thence, confirmed with the authority of the Universities. Wherefore, albeit that he be now changed, yet is the truth in no point altered. And therefore I desire you & beseech you all, that ye will not give ear unto these men, which albeit they are most excellētly learned, yet have they no constancy in them: which doth adorn all other virtues.

When he had ended his Oration, Lodouicus the Prothonotary rising up, said: It is most true that I brought those verities, but you do cal them verities of faith, which addition seemeth very doubtful unto me. When he had spoken these words, Cardinal Arelatensis requred that the Concordatum of the twelve men should be read, and many whispered him in the care, that he should go forward, and not altar his purpose.

Then Panormitan, as soon as the Concordatum began to be read, rising up with his companions and other Arragons, cried out w ^t a loud voice, saying: You fathers do contemn our requests, you contemn kings & Princes, and despise Prelates, but take heed least whilst that ye despise all men, you be not despised of all men. You would conclude, but it is not your part for to conclude. We are the greater part of Prelates, we make the Council, & it is our part to conclude, and I in y ^e name of all other prelates do conclude, that it is to be deferred & delayed. With this word, there sprang such a noise and rumour in the Council as is accustomed to be in battle with the sound of Trumpets and noise of horsemē, when as two armies join. Some cursing that which Panormitan went about other some alowing the same: So that diversity of minds made diverse contentions.

Then Nicholas Amici, a Divine of Paris, according unto his office, said. Panormitan I appeal frō this your conclusion, to the judgment of the council here present, neither do I affirm any thing to be ratified which you have done, as I am ready to prove, if it shall seem good. The contrary part seemed now to be in the better place, for they had already concluded. The other part had neither concluded, neither was it seen how they could conclude amongst so great cries and uproars. Notwithstanding amongst all this troublous noise, John Segouius, a singular Divine of y ^e university of Salamantine lacked not audience: for y ^e whole council was desirous for to hear him: wherefor all mē as soon as he rose up kept silence, & he perceiving y ^t they were desirous to hear him speak, begā in this sort.

Most reverend fathers, the zeal and love of the house of God forceth me now to speak: and I would to God that I had ben either blind this day, not to have seen those things which have happened, or that I had been deaf, y ^t I should not have heard those words, which have been spoken. Who is it that is so stony or hard hearted, which cā abstain from tears, when as the authority of the church is so spoiled, liberty taken away both from us and y ^e council, & that there is no place give unto the verity. O sweet Jesus, why hast thou forsaken thy spouse? Behold and look upon thy people, and help us if our requests are just. We come hither to provide for the necessity of the Church we require nothing for our selves, • our desire is only that truth might appear. We trusted now to have concluded upon y ^e verities which were sometimes allowed in y ^e sacred deputations. The Orators of the Princes are present, & require the conclusions to be deferred. But we be not vnmindful of those things which Ambrose wrote unto Ualentinian the Emperor in this manner: if we shall entreat upon the order of the holy. Scripture and ancient times past: who is it that will deny but that in case of faith (I say in case of faith) the bishops ought to judge upon Christian Emperors, and not Emperors upon Bishops. Neither do we admit their petition but vpō most urgent causes: Notwithstanding we heard them patiently and willingly, whiles that they did speak even so long as they would.

But now if any of our part would speak, by and by he is interrupted, troubled and letted. What honesty is this? What modesty or gravity? is it lawful so to do in the council • Where is the decree of y ^e Council of Tholose now become (where are our decrees, which do not only prohibitie tumults, but also all small bablinges & talk) They say, it is because we contemn them: but they are they, which not only conteme the Council: but also resist the same. The patriarch spake but one small word against them, & that of no evil intent or purpose, and by and by they complained y ^e their liberty was broken, but they, when as they do enforce the council, when as they forbid the President to speak, and will not suffer the ordinances to be read, do not judge that they do anything contrary to the liberty of the Council. They say, they are the Council themselves and yet they entreat the Council. These things do not I understand: for if they be the Council, why do they entreat thenselves? If they be not the Council, why do they not suffer the Council for to speak? Why do they not look for an answer of him to whom they make their petitions?

Truly this is to much violence, and certes our paence is also to much, to suffer such excess even in the face of the Church. But this doth most of all grieve me, and this do I most marvel at, But this doth most of all grieve me, and this do I most marvel at, that Panormitan a man of singular wit and doctrine did conclude without any discussing or deciding of the deputies, and without the examination of the 12. men, or any rite or order. The which, except mine eyes had behold & seen, I would scarcely believe, if any other mā should report it unto me, of him: Neither do I yet know, whether I may sufficiently credit myself, the matter seemeth so horrible: for I do not see by what authority his conclusion doth stand, except it be by the authority of his king whom he saith will have it to. But you most reverend fathers take heed that ye bring in no such custom: for so it shall come to pass, that in all matters, a few froward prelates shall have me to conclude for them.

And albeit Parnormitan hath proved (as he thinketh) by strong reasons that the verity ought to be deferred, yet notwithstanding I do require you most reverend fathers to follow the example of the Apostle, who (as Arelatensis hath very well declared) would not give one hours respite unto Peter, when he swerved frō the truth of the Gospel. The saith is speedily to be relieved & holpen, neither doth anything sustain more danger by delays, thē faith doth. For heresies, except they be rooted out at the first, whē they are once grown, are hardly taken away. Wherefore I desire you speedily to help and aid. Hoyse up your sails, & launch out your ores. What should we tarry looking for either the Prelates or the princes? You are now in conflict: I ouely desire that you would hasten unto the victory. Regard not the threatenings of those Princes, neither the opprobries of those contumelious persons, for you are blessed saith the Lord, whē as men curse you & persecute you, speaking all evil against you, making lies and slanders upon you for my sake: rejoice and be glad, for great is your reward in heaven. What is it I pray you that the princes do so much object against us? Is not our Lord God able to take us out of the furnace of hot burning fire, and deliver us out of y ^e hands of those princes? I beseech you most reverend fathers and loving brethren, have no less hope in Jesus Christ, thē Sidrach, Misach, and Abednago had, which feared not that old king Nabuchodouosor: and let y ^e princes know, y ^t the most high ruleth over y ^e kingdoms of men, and giveth them unto whom he pleaseth. God beholdeth all things from above (he is I say) in the midst amongst us, wherefore are ye then afraid? Be of good courage, and show yourselves as a strong wall for the church of God: suffer not the saith to perish under your hands. The almighty God is present with you. He is present that will defend you. Fear not them which seek only to kill the body. Do justice and equity, and be assured that he will not deliver you over into the hands of the bachiter and slanderer. Again I say unto you, show yourselves valiant and stout: Defend your mother the Church. And unto thee, O thou president I say, that thou oughtest rather to please God then man, for if thou depart thence without a final conclusion, know assuredly that thou shalt render accompt in the straight judgment of God, and thus without anymore words, he sat down in his place.

In the mean time, many grave and ancient men had exhorted Panormitan that he should give over his conclusion. The bishop of Burgen was very instant and earnest with him, that he should make vanity and concord amongst the fathers, and went about to make an vuitie with all mē. But neither the fathers of the Council were determined to depart without a conclusion, neither Panormitan was minded to altar his intent and purpose. All things were disturbed, neither did the prelates sit in their seats, as they were accustomed, but as every man's affection led him. Some went to the Cardinal Arelateusis, some unto Panormitan and exhorted them, as if they had been princes or rulers of armies. Then Arelatensis knowing y ^e matter to be in danger, and that there was no ready way to make a cōclusiō, thought to use some policy, to appease y ^e tumult.

Most reverend fathers said he, we have received now letters out of France, which declare unto me marvelous things: that there are incredible news syrong up there which if you will give me willing audience, I will declare unto you. By this means there was a sudden silence throughout the whole Council, & by this marvelous policy he made all men attentive to hear. When as he saw he had free liberty to speak, without either fable or history of any letters sent, he opened the whole order of the matter, & as it is requisite in an Orator, came by little and little to y ^e principal point, saying, y ^t Eugenius his messengers filled all France, preaching a new doctrine, and extolling y ^e , authority of the bishop of Rome, above the general Councils: against whom, except speedy remedy were found, it would come to pass, y ^e man would give credit unto thē, and therefore the sacred Council ought of necessity, to provide remedy, and of necessity to conclude vpō the vereties which were examined, that thereby the temerity of the Eugeniās might be repressed, which verities, albeit they were 8. in number, yet was it not the Fathers intent to conclude upon them all, but only the three first: even as I also (saith he) here do conclude, in the name of the Father, the son, and the holy Ghost.

When he had finished his Oration, with a cheerful and merry countenance rising up, he departed. Some of them kissed him, and some of them kissed the skirtes of his garments. A great number followed him, and greatly commended his wisdom, that being a French man borne, had that day vanquished the Italians, which were men of great policy. Howbeit this was all men's opinion, that it was done rather by the operation of the holy Ghost, then by y ^e Cardinals own power. The other of y ^e contrary faction, as men bereft of their minds, hanging down their heads, departed every man to his lodging. They wēr not together, neither saluted one another: so that their countenaunces declared unto every man y ^t they were overcome. Something more also is reported of Panormitane, that when he came to his lodging, & was gone unto his chamber, he complained with himself upon his king, which had compelled him to strive against the truth, and put both his soul and good name in danger of loosing, and that in the midst of his tears and complaints he fell a sleep, and did eat not meat, until late in y ^e evening for very sorrow for that he had neither ignorauntly, neither unwillingly impugned the truth.

After this, there was great consultation amongst the Eugenians, what were best to be done in this matter, Some thought good to depart and leave y ^e Council, other some thought it meeter to tarry, and w ^t at endeavor to resist y ^t nothing should further be done against the Eugenians: & this opinion remained amongst them. The next day after, being y ^e 15. day of April, the Archbishop of Lions and the bishop of Burgen, calling together the prelates into y ^e Chapter house of the great church began many things as touching peace. The Bishop of Burgen persuaded that there should be deputations appointed that day, unto whō the Archbishop of Lions should give power to make an agrement. Unto whom answer was made, as they thought, very roughly, but as other judged, gently, but not withstanding justly and truly: For, they said there could be no unity or concord made, before the adversaries confessed their fault and asked pardon therefore.

The day following, the said Bishop of Burgen, with the other Lombards and Cathelans, went unto the Germans, and from thence unto the Senate of the city, speaking much as touching the prohibiting of Schisms. The Germaynes referred themselves to those things which y ^e deputation should determine. The Senate of the City (as they were great mē of wisdom, which would do nothing without diligent advise and deliberation) answered, that the marter pertained not unto them, but unto y ^• Coun • or, The fathers whereof were most wise men, and were not ignorant what pertained unto the Christian faith, and if there were any danger toward, it should be declared unto the Council and not to the Senate: For they believe that the Elders of the Council, if they were premonished, would foresee y ^t there should no hurt happen: as for y ^e Senate of the City, it was there duty only to defend the fathers and to preserve the promise of the city, with this answer the bishop of Burgen departed.

In the mean time the fathers of the council had drawn out a form of a decree upon the former conclusions, and had approned the same in the sacred deputations. By this time the Princes Orators were returned from the assembly at Mainz, & holding a Council among themselves they had determined to let the decree: The 9. day of May there was a general convocation hold̄, whereunto all mē resorted, either part putting forth himself unto the conflict.

The Princes Ambassadors were called by the bishop of Lubecke and Conrade de Winsperg the protector into the quier, and there kept: whereas they entreated of a unity and by what means it might be had, and there they tarried longer then some thought to do: the which matter gave occasion to bring things well to pass, beyond all expectation. The only form of the decree was appointed to be concluded that day, whereupon, as soon as Cardinal Arelatensis perceived the congregation to be full, and that the twelve men had agreed, and that there was a great expectation, with sileuce, he thought good not to delay it for fear of tumult, but commanded, by and by the public cōcordaunces to be read, wherein this was also contained, that the Cardinal Arelatensis might appoint a Session whensoever he would. Which being read, he being desired by the promoters, concluded according as the manner of custom is. The Ambassadors of princes being yet it in the Duier, as soon as they understood how the matter passed, being very much troubled & vexed, they brake of their talk, imputing all things to y ^e bishop of Lubecke, which of purpose had kept them in the Duier and protracted the time. Wherupon they entering into the congregation, filled the church full of complaints.

First of all, the Orator of Lubecke complained both in his own name and the name of the protector, as touching the conclusion, & required y ^t the council would revoke the same. If that might be granted, he promised to entreat a peace, and to be a protector between the Council and the Ambassadors of the Princes. But the Archbyshop of Turnon said, that it seemed unto him every mā to have free liberty to speak against that law with should be promulgate, until the Session, whē the Canons should be consecrated and receive their force: whē as the bishops in their pōtificalibus, after the reading of the decree in the Session, should answer that it pleased them: otherwise the demand which was made by the promoters in the Session, to be but vain, and for that the cōclusious were not yet allowed in the Session, and therefore he said that he might without rebuke, speak somewhat as touching the same, and that it was a great and hard matter, and not to be knit up in such a short time, and that he had the knowledge thereof but even now: notwithstanding that he being an Archbishop ought to have known the matter, that at his return home, he might inform the king & also instruct those which were under him. And that he and his fellows before any Session should be: would both hear & be heard of others. Neither doth it seem good unto him that the Session should be hold̄, before report were made of those things, which the Ambassadors of the Princes had done at Mainz which would, peradventure be such as might altter and change the minds of the fathers. Then the Bishop of Concen Ambassador of the king of Castell, which was also lately returned from Mainz, a man of great understanding, but lacking utterance, grievously complained that the prelates were contemned. Neither had it been (said he) any great matter if they had ben tarried for, which notwithout great danger and expenses, went to Mainz, not for their pleasure, but of necessity. And afterward as it were smiling, he said; how mad am I y ^e would have the Prelates, to be tarried for, until they return from Mainz when as they are not tarried for whilst they came out or the Duier of the Church: do therefore as ye list. If there rise any offense or mischief her • upon, neither are we the Ambassadoues of Castell to or blamed, neither can any man of right inpute anything to one most noble king.

Here were it long is reprate, with what rebukes and taimtes they inuyed against the Cardinal Arelatensis: but especially the bishop of Milane railed most: teuellye upon him, saying y ^• he fostred & maintained a table of Sopistes and Scholemaisters, & that he had concluded in matters of faith with them: calling him also another Cataline unto whom all desperate and noughty persons had refuge that he was thew Prince, & ruled the Church with them: and that he would not give care unto the Ambassadors of the most noble princes, or to the most famous Prelates in this most wayghty matter. Albagensis & a man of great nobility, descended of the Emperors blood, albeit he had never alienate his mind before from the Council: yet least he should seem to dissent from other Ambassadors of y ^e princes, made the like complaint as touching the attempt of the prelates. After this it came unto Panormitā to speak, who as he had a greater vehemency in speaking: so also he did declare a more angry stomach and mind: for in the beginning of his Oration, he seemeth not to go about according to the precept at Orators, to get the good will of the hearers, but rather their hatred: for he said that our savior showeth four signs in the Gospel, whereby we should know the good from the reprobate: for he which is of God (saith he) heareth y ^e words of God, but you hear not the words of God, because ye are not of God. And again, he that doth evil hateth the light. And in another place also, by their fruits you shall know them. And a good tree cannot bring forth evil fruit.

All which sayings he wrested against the fathers of y ^• Council, because they would not hear the words of God that is to say, the words of peace which the Ambassadors had spoken, because they fled from the light in the absence of the Ambassadors, priuilye concluding, and because in their deputation they had not holden and kept the holy day but had concluded thereupon, also because they had the upper hand in the foresaid conclusion, not by reason, but by deceit. As touching the fruits, he said that the fathers them selves should meditate and consider how that, if their fruits were not good, they also themselves were not good: & that he did see another Council at hand, where as he feared least these conclusions should be revoked, as the fruit of an evil tree: and therefore, they ought not so sodaynly to proceed in so wayghty matters: and y ^t he would be yet more fully heard before the Session, as well in his own name because he was an archbishop, as in the name of his prince which raygned not over one kingdom alone but over many: Also he said that he heretofore by his words, deeds and writings, hath extolled the authority of the Council: and that he feared, least by these means, the authority thereof should be subverted. At the last he required pardon if he had offended the fathers of the Council, for so much as very sorrow and grief forced him to speak so.

The Abbot Uergiliacensis would have made answer to those things which Panormitan had touched concerning hyis deputation: but Arelatensis thought good that all the contrary part should speak first, amongst whom, last of all, Ludouicus the Prothonotary, the Homere of Lawyers, rose up. And albeit that he spake unwillingly, yet when he had begun, he could not refrain his words. And whiles he went about to seem learned and eloquent he utterly forgot to be good. He said y ^t the Council ought to take heed, that they entreated no matter of faith, against the Prelates, least any offense should follow, for that some would say it were a matter of no force or effect. For albeit that Christ chose 12. Apostles and 70. Disciples, notwithstanding in the setting forth of the Creed, only the Apostles were present, thereby (as it were) giving example, y ^t the matters of faith did pertain only unto the Apostles & so consequently unto bishops. Neither that they ought hastily to proceed in matters of faith, which ought to be clearly distinct, for so much as Peter affirmeth the trial of faith to be much more precious then gold, which is tried by the fire. And if the Bishops be contemned, which are called the pillars and keys of heaven, the faith cannot seem to be well proved or examined. But at length he confessed, y ^t the inferiors might determine with the Bishops but denied that the least part of the Bishops with the most part of the inferiors might determine anything. From thence he passing to the matter of faith, said, that those verities whereupon question was now had, are Articles of faith, if they were verities of faith. And forsomuch as every man should be bound for to believe those, therefore he would be better instructed & taught in that matter which he should believe as an Article or faith. Neither should it be comely for the Council to deny him his request, which according to the rule of the Apostle, ought to be ready, to give account unto every man which shall require it, touching the faith, which it holdeth.

After every man had made an end of speaking, the Cardinal Arelatēsis calling his spirits together, made an Oration wherein he answered now the one, & now the other. And first of all he commended the desires of the Imperial Ambassadors, which offered to entreat a peace and unity, but neither necessity, nor honesty (he said) would suffer those things which are concluded to be revoked. He answered also that the petition of the Ambassadors of France is most just, in that they required to be instructed touching the faith: and that the council would grant their request, and send unto them certain divines, which should instruct them at home at their lodgings: but the matter was already concluded & could no more be brought in question: that the Session was only holden, rather to beautify the matter, then to confirm the same. And as touching that which the bishop of Concen so greatly cōplayneth of, he doth not much marvel: for he could not know the process of y ^e matter, when he was absent, who being better instructed, he supposed would speak no more any such words, forsomuch as a just man would require no unjust thing. Also that his protestatiō had no evil sense or meaning, in that he would not have it imputed, neither unto him, neither unto his king, if any offense should rise upon the conclusions. Notwithstanding it is not to be feared, that any evil should spring of good works. But unto the Bishop of Millayne he would answer nothing, because he saw him so moved and troubled, for fear of multiplying of more grievous and heinous words. As for Panormitane he reserved unto the last. But unto Ludouicus the Prothonotary, which desired to be instructed, he said: he willed him to be satisfied w ^t y ^e words which were spokē unto the Bishop of Turnon.

Notwithstanding, he left not this untouched which ludouicus had spoken concerning the Apostles Creed. For albeit that in the setting forth of the Creed, the Apostles be only named, yet it doth not follow (saith he) that they only were present at the setting forth thereof. For it happeneth of tentimes that Princes are commended and praised as chief authors and doers of things, when as notwithstanding they have other helpers, as it appeareth in battayles, which although they are foughte with the force of all the soldiers, yet the victory thereof is imputed but unto a few. As in these our days, they do ascribe all things which the army doth either fortunately or wisely, unto Nicolas Picenius, that most valiant Captayne which hath obtained so many famous victories: albeit that oftentimes other have been the inuentors of the policy, and workers of the seat. And therefore Ludouicus ought to know and understand, that they are not only articles of faith which are contained in the Creed, but all other determinations made by the Councils, as touching the faith. Neither is he ignorant, that there be some articles of the Creed which we now use in the Church, that were not put too by the Apostles, but afterward by general Councils: as that part wherein mention is made of the holy Ghoste, which the Council of Lyous did add, in which Council also it is not be doubted, but that the inferiors did judge together with the Bishops. But for so much as he had sufficiently declared that matter in the congregation before passed, he would stay no longer thereupon. But coming unto Panormitan, he rehearsed his words: Qui ex Deo est, verba Dei audit, He that is of God, heareth God's word, which is very well takē out of the Gospel, but not well applied unto the council (said he:) for he firmly believed, that his predecessors have judged holy Ghost to be in the midst of the Councils, and therefore the words of the Councils to be the words of the holy Ghost: which if any man do reject, he denieth himself to be of God. Neither doth the council hate the light, which doth all things publicly and openly, whose congregations are cuidēt unto all men, neither doth it as the conventicles of the adversaries, admit some, and exclude other some. Moreover, the thing which is now in hand, was begun to be entreated of for two months ago, & first the conclusions were largely disputed upon in the divinity schools, and afterward sent unto Mainz and other places of the world.

After all this, the fathers were called into the Chapter house of the great Church, to the number of 120. amongst whom Panormitan which now complaineth, was also present, and according to his manner, did learnedly and subtly dispute, and had liberty to speak what he would. Likewise in the deputations, every man spake his mind freely, & in that deputation where Panormitan was, the matter was 3. days discussed. After this the 12. men did agree upon it, and the general congregation did conclude it. Neither hath there been at any time anything more ripelye or exactlye handled both openly, & also without any fraud or deceit. And whereas the deputatiō did sit vpō a holy 〈◊〉 • here is no hurt in y ^t , neither is it any new or strange thing, forasmuch as they have often̄ holden their Session upon testinall days, when as the matter hath had haste, and specially for that the matter of faith hath no holy days. And further he said that he did not conclude craftily and deceitfully in the congregatiō; as Panormitane hath reported, but publicly & openlie at the request of the Promoto • s. Neither hath any mā any just cause to cōplain vpō him, forsomuch as, whē he was made President, he was sworn that always whē 4. or 3. of the deputations did agree, he should conclude therupō. And forsomuch as he had already concluded, in diverse causes touching the Pope, he saw no cause why he should not conclude in the matter of faith, for that he was a Cardinal; & did wear his red hat for this purpose, that he should shed his blood in the defense of the faith. Neither hath he done anything now against the Pope, for that omitting the fine conclusions touching Eugenius, he had concluded but only the general conclusions: which except he had done, the fathers should have had just cause to complain against him (in that they trusting in his fidelitye & faythfulnes, had chose him President) if by him they should now be forsaken in this most necessary cause of faith. And turning himself unto the people; he desired the fathers to be of good comfort, forsomuch as he would never forsake them, yea although he should suffer death: for he had given his faith and fidelity unto the Council, which he would be observe and keep: neither should any manues flattery in threatenings put him from his purpose: that he would be always ready to do whatsoever the Council should command him, and never leave the commandments of the deputies by any means unperformed.

As touching that Panormitan had extolled the authority of the Council, he said that he was greatly to be thanked. But yet he ought to understand and know the authority of the Council to be such, as cannot be augmented or increased by any man's praise or commendation, or be diminished by any opprobry or slander. These things thus premised he commanded the form of y ^e decree to be read. Thē Panormitane & those which took his part, would needs have a certain protestatiō to be first read. There was great contention on every side. Notwithstanding at the last. Arelatensis prevailed, and the form of the decree was read unto this word, Decernimus, that is to say, we decree. Thē Panormitan rising up, would not sucter it to be heard any further: And the Bishop of Catauia cried out saying, that it was uncomely that Arelatensis, with a few other Bishops by name, should conclude the matter. The like did also all those which favored Panormitane. The Cardinal of Terraconia also (which until that time had holden his peace) did grievously rebuke his partakers, that as men being a sleep or in a dream, they did not read the protestatiō, and commanded by and by one of his familiars to read it. But like as the adversaries before did perturb the reading of the concordaunces, so would not the Fathers of the Council now give place to the reading of the protestatiō. Which when Albiganensis did consider he commanded the writing to be brought unto him, and as he began to speak, suddenly Arelatensis rose up, with a great number of the fathers to depart: which thing pleased y ^e cardinal of Terraconia and Panormitan very well, for that they hoped that they alone with their adherents, should remain in the Church. They exhorted Arelatēsis to revoke the conclusiō, and to make another.

There was in that congregation in his place George the Prothonotarye of Bardaxina, sitting somewhat beneath his uncle, the Cardinal of Terraconia, a man but young of age, but grave in wisdom, and noble in humanity: who as soon as he saw the Cardinal Arelatensis rise, he determined also to depart, and when as his Uncle called him, commanding him to tarry, he said: God forbid father that I should tarry in your congregatiō, or do anything contrary to the oath which I have takē. By which words he declared his excellent virtue and nobility, & admonished our men which remained, of those things which they had to do. His voice was the voice of the holy ghost, and words more necessary, then could be thought. For if he had not spoken that word, the fathers of the Council had peradventure departed, and gone their way, and the other remaining in the church, had made another cōclusiō which they would have affirmed to have ben of force, because they would say the last conclusion was to be received. But many being warned by the words of the Prothonatary, and calling to remembrance the like chance of other Councils before, called back again the multitude which were departing, and cried upon the Cardinal and the Patriarch to sit down again, & that they should not leave y ^e church void and quiet for their adversaries. Whereupon, suddenly all the whole multitude sat down, and the gates were shut again. In the mean time Matheus Albiganensis a bishop, read the protestation to none else but to himself alone, for it could not be heard for noise: which being ended the Lombardes and the Cathelanes confirmed the protestation. When the Cardinal of Terraconia said that he did agree to that dissension, they marvelled at that saying. And whē some smiled & laughed at him: what said he, ye tools, do ye mock me? do not the Ambassadors of my king dissent from you? What do you marvel then if I do say I consent unto their dissention? And with these words, he and almost all the Arrgones, Lombardes and Cathelanes departed, all the other tarried still. And albeit it was somewhat late (for it was past ii. at after noon) Arelatensis seeing the congregation quiet, commanded the affairs of private persons to be read, as the manner is: which being ended, he commanded also the public affairs to be read, & willed the conclusions & the form of the decree to be red again. There remained in the congregation, the Ambassadors of the Empire and of France, talking together of their affairs. Notw ^t standing the bishop of Turuō heard mention made of the conclusions, & turning himself to the Bishop of Lubecke, said: lo, the matters of faith are now in hand again, let us go hence I pray you that we be not an offense unto others, or that we be not said to dissent from the other Ambassadors. To whom the Bishop of Lubecke answered: tarry father, tarry here, are not the conclusions most true? Why are you afraid to be here for y ^e truth? these words were not heard of many, for they spake them sottely between themselves. Notwithstanding I heard it, for I sitting at their feet, did diligently observe what they said. Arelatensis, after all things were read, which he thought necessary, at the request of the deputyes concluded, and so making an end dismissed the congregation. Twise it is declared, with how great difficulty Arelatēsis concluded forso much as neither the matter nor the form could be concluded without dissension: and the conclusions were miraculous, and past all men's hope, but were obtained by the industry of Arelatensis, or rather by the special gift of the holy Ghost.

After this, it was determined between the Lōbardes and Aragons to abstain frō the deputations for a certain time, which they did not long observe, notwithstanding y ^e deputations were hold̄ very quietly for a certain space, neither was there anything done worthy of remembrance until the 15. day of May, during which time, all means possible were sought to set a concord between the fathers, but it would not be. Then Nicolas Amici promoter of the faith, was called into the congregation, & briefly rehearsed those things which were done the days before, and declared how that Arelatensis might point a Session. Wherefore, forsomuch as delay in matters of faith was dangerous, he required that a sessiō should be appointed against the morrow after, requiring the Cardinal for his dignities sake, in that he was called the principal of the church, and the other bishops, that (as they had promised in their consecration) they would not now shrink from the church in these wayghty affairs, and suffer the faith to be oppressed: but the other inferiors he required upon their oath which they had taken, to show themselves faithful and constant herein. Then again there fell a great contention vpō these words: for Arelatensis, as he was required, did appoint a Session, and exhorted all men to be there present in their Robes. The Bishop of Lubecke rising up, made a protestation in his own name, and also in the name of his protector, that he would not consent, that there should be any Session, if it should in any part derogate from the agreement had at Mainz. Georgius Miles also, his fellow Ambassador consented to this protestation. When as the protector of the Council appointed by the Emperor, understood himself for to be named by the bishop of Lubecke, he marvelled a while what the matter should be. But being certified by an enterpreter, he answered that he would in no case consent unto the protestation of the Bishop of Lubecke, and that he did not know anything of their doings at Mainz: also that he was sent by the Emperor to the sacred Council, and hath his charge which he doth well remember, and would be obedient thereunto. After whom the Bishop of Concense, according to his accustomed manner, made his protestatiō & after him also followed Panormitane. Whose words before I will repeat, I desire that no man would marvel that I make mention so often of Panormitane: for it is necessary to declare the matter in order as it was done.

It happened in these matters even as it doth in warlike affairs: For as there, such as are most valiant and strong, and do most worthy feats, obtain most fame, as in the battle of Troy, Achiles and Hector: so in these spiritual wars and contentions, those which most excel in learning and eloquence, and do more then other, should be most renowned & named: for on y ^t one part Panormitane was prince and Captayne, on the other, Arelatensis: but his own will made not the one Captain, but only necescity, for it behooved him to obey his prince. Notwithstanding he was not ignorant of the truth and verity, neither did he resist willingly against it: for I have seen him oftentimes in his library complain of his prince, that he followed other men's Council. When as his time came to speak he said that he did not a little marvel why the protector of the faith, should require the Prelates to have a Session, which was nothing pertaining to his office, and that he ought not to usurp the Presidentes place. And again he complained touching the contempt of the Prelates, for the matter did presently touch the state of the Apostolic sea, & for that cause the sea ought to be heard before any Session behold̄. Neither it is to be regarded (said he) that the council of constance seemeth to have decreed, that it should now be spoken of, for so much as Pope John was not heard at Constaunce, neither any man else, to speak for the sea, by which words he seemed both to contēnc and bring in dout all the decrees of that most great and sacred synod of Constance: therefore there was a great tumult, and all men cried out with one voice, saying: that the Synod of Constance is holy and the authority thereof ought to be inuiolate. But he being still instant, with a stout and haughty courage, affirmed that the matter could not be finished without the Ambassadors of the Princes, and that the Princes ought to be heard in a matter of faith. And again that the Ambassadors themselves cannot consent, for so much as in the Colloqui holden at Mainz they had promised during the treaty of peace by them begun, they would receive & allow nothing that the Pope should either do against the council, or the council against the Pope: & that he doubted not, but that the th • ee first conclusions declared Eugenius an heretic, in so much that it was evident, that Eugenius did vehemently resist the two first. And therefore for so much as the Session was not yet holden, and that it was lawful for every man before y ^t Session to speak what he will, he desired and required them most instauntly, that there might be no Session as yet holden. Unto whom Arelatensis answered, that it was not to be doubted but that the promoter of the faith, by his office might call the prelates to determine a matter of faith, & specially for so much as the deputation of the faith and the whole council, had so given him in commandment.

As touching the prelates, he saith, that albeit without all doubt bishops have chief authority: yet notwithstanding it is accustomed in Councils, not to make any conclusion in the name of the bishops, but in the name of y ^e whole council: and the universal Church hath decreed certain laws in this Council, which should remain inuiolate. Neither let the bishops think the presence of the inferiors grievous unto them, when as oftentimes under a bare and torn coat, wisdom lieth hid, and under rich vestures & ornaments, folly lurketh. Bishops ought also to be mindful of the saying of Domitius (which as S. Jerome reporteth) said: why should I esteem thee as a prince, if thou doest not regard me as a Senator? For the bishops ought to esteem Priests as Priests, if they will have reverence done unto them as Bishops. Neither ought the Princes to be looked for, to the deciding of this matter, for so much as the Church is not congregated in the name of the princes: but in the name of Christ, which hath not received his power from princes: but immediately from God: to the defense whereof, he should perceive the inferiors to be no less less encouraged thē the bishops, for that he did well understand and know, that they would not only spend their temporal good, but also their lives for the defense thereof. As for some bishops, rather thē they will lose any part of their tēporalties, they will sel the liberty of y ^e church unto y ^e princes & make them judges and Lord's over the Council. As touching the acts at Mainz, he doth not regard them, for so much as (as it is said) they accounted without their host: for he saith, he doth not understand how this can be that they had decreed neither to obey the pope, nor the council. The one or the other they must needs be obedient unto: for there is no third tribunal, whereunto any obedience is due in these matters which concern the faith and the salvation of souls: And finally that the Church would not suffer that their affairs & matters of faith should be determined by the judgment of princes: for the holy ghost is not subject unto princes, but princes unto him: and upon this conclusion he would not fear, neither the loss of his goods, neither any death or martyrdom. And whereas Panormitane doth now show himself so great a defender of Eugenius, he saith that he doth not a little marvel at it, for that in times past no man hath more published Eugenius his errors then he: by whose special labor & council, both a decree monitory, & also y ^e suspēsion was admitted & set out against Eugenius: And now, whereupō this sodein change should come, he saith y ^t he was utterly ignorant, forsomuch as neither Eugenius had altered his life, neither could the church continue in such a schism. Wherefore he desired Panormitane diligently to consider, whether he spake according to his conscience or not: for (saith he) the conclusions which now shall be decreed, are most general: neither is there any mention in them of the Pope, and moreover the verity of faith is contained in them: against the which if Eugenius did contend, it were more meet that the Pope should be corrected, then the veritye omitted. And thus he making an end all were warned to come the next day unto the Session. The protector also desired the sacred Council, that none should be suffered to bring any weapon to the session. For so much as he was ready to observe the safe conduct of the Emperor, and together with the Senate of y ^e city, to prohibit all quarrellers for doing of miury.

When the 16. day of May was come, all they whom the Session contented and pleased, assembled at the hour. The Ambassadors also of the princes were come together into the quier of the church, to attempt further what they could do, and sending the bishops of Lübeck and Concense, and the Dean of Turnon, an excellent learned man, they offered themselves to be present at the Session, if that the deposition of Eugenius might yet be deferred four months. Who, when they had received a gentle answer of Arelatēsis, and the other principals, returning again unto y ^e Ambassadors, they would only have the first conclusion decreed, and thereupon sent again unto Arelatensis: unto whō answer was made, that the chief force did consist in y ^e two other conclusions, and that the Coūcel would specially determine upon them. If the Ambassadors would not be present, they should understand that the concord was broken by them, which would not observe y ^t which they had offered. With which auswere they departed, & the Sessiō begā to be celebrate. There was no Prelate of the Aragons present at it, neither out of Spayn: and our of Italy, only the bishop of Grosserane, and the Abbot of Dona, which for their constancy & steadfast good will toward the universal church, could not be changed from their purpose, but of doctors and other inferiors, there were a great number of Aragons, and almost all the inferiors of Spain and Italy (for the inferiors feared not the princes, as the Bishops did) and then the worthy stoutness of the Aragones & Cathelanes appeared in the inferior sort, which would not shrink away in the necessity of the church. Of the two other nations there were only present 20. bishops. The residue lurked in their lodginges, professing the faith in their hearts but not in their mouths. Arelatensis considering afore what would come to pass, caused prayers to be made, & after their prayers made unto almighty god, with tears and lamētation, that he would send them his holy spirit to aid and assist them, they were greatly comforted and encouraged. This congregatiō was famous, and albeit that there were not many bishops present, yet all the seats were filled with the Bishops, Proctors, Archdeacons, Presidents, Priors, Priests and Doctors of both laws, which I judged to be about the number of 400. or more: amongst whō there was no noyce, no chiding, no opprobrious words or contention, but one exhorted another to the profession of the faith, and there appeared a full and whole consent of them all to defend the church. The bishop of Massilia a noble mau read the decree, which was attentively harkened unto, and not one word interrupted. When it was ended: Te Deum laudamus was song with great joy and gladness, & so the Session dissolved, which was in number the xxxiii. Session, and amongst all the rest the most quiet and peaceable.

The day following, being the xxii. of May, the Princes Ambassadors without all men's expectation, came unto the general congregatiō, by that their doing at the least, giving their assent unto the Session before passed. In celebrating whereof, if y ^e fathers had erred, it had not been lawful for the Princes and Ambassadors, to have holden the council with those fathers. But it was thought that they were touched with remorse of conscience, and even now to detest and abhor that which they had done: as it was not hidden to the Ambassadors of the Empire and France. For the bishop of Lubecke said, that the cause of his absence was, for that he was appointed by the Emperors commandment, to entreat a peace: Wherefore it was not comely for him to be present at any business, whereby he should be vexed or troubled, with whom the peace should be entreated. Notwithstanding he did much commend the session before hold̄, and believed the decree therein promulgate to be most good and holy, and the verities therein contemed to be undoubted, & said that he would stick thereunto both now, and even unto the death. But the bishop of Turnō a man both learned and eloquent, speaking for him and his fellows, said that he heard how that they were evil spokē of amongst some, in that they had not honored their king in that most sacred Sessiō, whom it becomed specially to exalt and defend the faith: which also for that cause above all other kings was named most christen: notwithstanding he said that they had a lawful excuse, in that it was convenient that they, which were sent to entreat peace, should do nothing whereby their Ambassade should be stopped or letted. Also there are two kinds of injustice (said he) whereby either things are done that should not be done, or things y ^t should be done are not done. The first doth not always bind, because it is convenient to have respect of time, place, and persō. But the last doth always bind, wherein he said they were not culpable. But as touching the first point, they might seme unto some to have erred, because they wer not present at the Session: but yet in this point they had sufficient to answer, forsomuch as if they had been present at that Session, they should have been unmeet to have entreated any peace with Eugenius: And therefore albeit they were wanting at so holy a business, in that point they followed the example of Paul, which albeit he desired to be dissolved & to be which Christ, yet for the further profit and advancement of the church, it was deferred. So likewise he said, that they had now done, for that they were not absent because they doubted of the conclusions (which they judged to be most true and holy, & whereunto they would stick even unto the death) but because they would not be unmeet for the treaty of peace for which they came: and yet that which they had not done in their own persō, they had fulfilled (said he) by their servants and household, whom altogether they commanded to reverence that Session. I would that I had been then in the place of some great prelate: surely they should not have gone unpunished, which thought to have played bo peep. For what doth the declaration of the truth hinder the treatye of peace? Or if it do hurt, why is he not counted as great an offender, which cōsenteth to him that declareth the truth, as he which doth declare it? What shall we need any further testimony? for now the Ambassadors of the Princes have declared Eugenius to be an enemy unto the truth. But to pass over these things, it is sufficient that Eugenius wrote afterward unto the king of France, that he did understand the Bishop of Tournon to be become his enemy.

After that the Bishop of Tournon had made an ende, Cardinal Arelatensis gave thanks unto God, which had so defended his Church, & after great storms and clouds, had sent fair & clear weather: & commending y ^e good will of the Emperor and the King of France toward the Church, he also praised the bishop of Lubecke and Tournon, for that oftentimes in the Council, and also of late at Mainz, they had defended the authority of the council. But specially he commonded this their present doings, that they had openlie confessed the truth, and had not sequestered them selves from the faith of the Church.

Afterward, he entering into the declaration of the matter, said that he was at Pysis and at Constance, and never saw a more quiet or devout Session then this, affirming y ^• this decree was most necessary, to repress the ambition of the Bishops of Rome, which exalting themselves above the universal church, thought it lawful for them to do all things after their own pleasure, and that no one man frō henceforth should transport the council from one place to another, as Eugenius attempted to do, now to Bononia, now to Florentia, thē again to Bononia, after to Ferraria, and after that again to Florentia, and that hereafter the Bishops should withdraw their minds from the carefulness of temporal goods, which (as he himself did see) had no mind at all on spiritual matters: & therefore by how much this Sessiō was most holy and necessary, by so much more the assent of the Ambassadors was most laudable & acceptable to all the fathers. These words thus spoken, he rose up, and the congregation was dissolved.

Now after that Gabriel Condulmarius was deposed from the bishopric of Rome, the principal fathers of the Council being called together in the Chapter house of the great Church consulted together, whether it were expedēt that a new bishop should be created out of hand, or de • erred for a time. Such as thought good that the election should be done w ^t speed, shown how dangerous a thing it was for such a cōgregatiō to be without a head: also what a pestiferous sickness was in all the City, which not only consumed young men and children: but also men of middle age, and old men in like manner, and that this plague came first by strangers unto the poor of the Citty, and so infected the rich, & now was come unto the fathers of the counceel: amplifiyng moreover, and increasing the terror thereof, and making the thing worse then it was, as the manner is. Neither doth the decree (said they) anything let or hinder, wherein it is provided that there should be delay of lx. days after the sea is void: for that is to be understand, when as the sea is void at such time as there is no Council holden, neither ought we to tarry or make any delay, least the Princes being persuaded by Gabriel, should resist: Unto whom the deposition of Gabriel, and the election of some other, is to be certified all under one message. The other which thought good that there should be a delay said: that the Council did lack no head, for so much as Christ was the head thereof: neither did lack a ruler, for so much as it was governed by the Presidents & other officers: and that no mention should be made of any pestilence in such case, seeing that, unto stout & strong men, death is not to be feared, neither can anything daunt or fear thē which contend for the Christian faith. As for that pestilence which doth now increase and grow in the City, forasmuch as judgment is now given, it is to be hoped that it will asswage, which was thought to have come for the neglecting of justice. Also that in so doubtful a matter, they ought rather to use the princes against their will, then to neglect them: and that it is not be feared, but that in this case, God will help those that are stout & valiant. The matter being thus discussed amongst them, (albeit that there was as many minds, as there was men) yet it seemed unto them all, that it was most profitable to choose the Bishop by and by, but most honest to defer it.

Hereupon John Segouius, a man of excellent learning said: Most reverend fathers, I am diversely drawn by sundry reasons, to this side and that. But as I way the matter more deeply in my mind, this is my opinion, that to come to a speedy election, it seemeth good, to speak after man's judgment: but to delay it for two months, to speak after God's judgment, it seemeth much better. I do judge that not only the words, but also the meaning of our decree, ought to be observed. Wherefore, if ye will give any credit unto me, follow rather dangerous honesty, thē secure utility: albeit that in deed, utility cannot be discerned from honesty. This opinion of delay took place among the Fathers, and they determined to stay for the space of two months.

In the mean time, messegers were sent unto the princes to declare the deposition of Eugenius by the Synod, and publish it abroad.

During this time, the corrupt air was nothing at all purged, but the mortality daily increasing, many died and were sick. Whereupon a sudden fear came upon the fathers. Neither were they sufficiently advised what they might do: for they thought it not to be without danger, either to depart or to tarry. Notwithstanding they thought it good to tarry, & also they caused other to tarry: that since they had overcome famine, and the assaults of their enemies on earth, they would not seem to shrink for the persecutiō of any plague or sickness. But forsomuch as the could not all be kept there, it was politically provided, that the council should not seme to be dissolved for any mans departure. And for the more establishmēt of the matter, there were certain things read before the fathers, which they called De stabilimento, whose authority continued long time after. When as the Dog days were come, and that all herbs withe red with heat, the pestilence daily increased more & more, that it is incredible how many died. It was to horrible to see the corses hourly carried through the streets, when on every side there was weeping, wailing, & sighing. There was no house void of mourning: no mirth or laughter in no place, but matrones bewailing their husbands, & the husbands their wives. Men & women went through the streets, and durst not speak one unto another. Some tarried at home, and other some that went abroad, had perfumes to smell unto to preserve them against the plague.

The common people died without mumber: and like as in the cold Autumn, the leaves of the trees do fall, even so did the youth of the City consume and fall away. The violence of the disease was such, that ye should have met a mā merry in the street now, and within x. hours heard that he had been buried. The number of the dead corses was such also that they lacked place to bury them in: in so much that all the Churchyards were digged up, and filled with dead corses, & great holes made in the Parish Churches, whereas a great number of corses being thrust in together, they covered them over with earth. For which cause the fathers were so afraid, that there appeared no blood in their faces: and specially the sudden death of Lodouicus the Prothonotary did make all men afraid, who was a strong man & flourishing in age, & singularly learned in both laws: whō the same envious and raging sickness took away in a few hours. By and by after died Lodouicus the Patriarke of Aquileia, a man of great age, and brought up always in troubles and adversity, neither could he see the day of the Popes election which he had long wished for: Notw ^t standing he took partly a consolation in that he had seen Gabriel deposed before his death. This man's death was grievous unto all the fathers, for now they said that two pillars of the Council were decayed & overthrown, meaning the Prothonotary and the Patriarke, whereof the one by the law: and the other with his deeds defended the verity of the Council.

About the same time also died the king of Arragones Amner in Switzerland, a man of excellent learning, being bishop of Ebron. The Abbot of Uergilia died at Spyre & John the bishop of Lubecke, between Vienna and Buda.

These two last rehearsed, even at the point of death, did this thing worthy of remembrance. Whē as they perceived the hour of their death approach, calling unto them certain grave and wise mē, said: All you that be here present, pray to God, that he will convert such as knowledge Gabriel for high Bishoppe, for in that state they cannot be saved: and professing themselves that they would die in the faith of the Council of Basel, they departed in the Lord. In Boheme also departed the bishop of Constance, which was Ambassador for the Council. There was great fear and trembling throughout all the Coūcel. There had been also in the Council, by a long time, the Abbot of Dona, of the Dioces of Cumana, a man poor unto the world, but rich unto God, whom neither flatterings nor threatenings could turn away from his good purpose & intent, choosing rather to beg in the truth of the fathers, then to abound in riches with the false flattering adversaries.

Wherupō, after the Lord's were departed, which gave him his living, he remaining still, was stricken with the plague and died. Likewise a great number of the registers and Doctors died: and such as fell into that disease, few or none escaped. One amongst all the rest, Aeneas Sylvius, biting strickē with this disease, by God's help escaped. This man lay 3, days even at the point of death, all men being in despair of him: notwithstanding it pleased God to grant him longer life. When as the pestilence was most fervent & hot, & that daily there died about one hundred, there was great intreatye made unto Cardinal Arelatensis, that he would go to some other town or village near hand: for these were the words of all his friends & household: What do you most reverend father? At the least void this wane of the Moon, and save yourself: who being safe, all we shall also be safe: if you die, we all perish. If the plague oppress you, unto whom shall we fly? Who shall rule us? or who shall be the guide of this most faithful flock? The infectiō hath already invaded your chamber. Your Secretarye and chamberlayne are already dead, Consider the great danger and save both yourself and us. But neither the intreatye of his household, neither y ^t corses of those which were dead could move him, willing rather to preserve the Council with peril of his life, then to save his life with peril of the council: for he did know that if he should depart, few would have tarried behind, and that deceit should have been wrought in his absence.

Wherefore, like as in wars the soldiers fear no danger, when as they see their Captayne in the midst of their enemies: so the fathers of the Council were ashamed to fly from this pestilence, seeing their President to remain with them in the midst of all dangers. Which their doings did utterly subvert the opinion of thē, which babled abroad, that the fathers tarried in Basel to seek their own profit and commodity, and not the verity of the faith: for there is no commodity upon the earth, which men would change for their lives: for that all such as do serve the world, do prefer before all other things. But these our fathers showing themselves an invincible strong wall for the house of God, vanquishing all the crafty deceits which Gabriel used, and ouercōming all difficultyes, which this most cruel and pestiferous year brought upon thē, at the length all desire of li • e also being set a part, they have overcome all dangers, and have not doubted with most constant minds to de • end the verety of the council, even unto this present.

The time of the decree being passed, after y ^e