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Acts and Monuments Volume 1

John Foxe (1516-1587) · 2,808,142 words · 12481 min

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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.

Vincere scis Hannibal, vti victoria nescis.
Hannibal thou knowest victory to get,
But how to use it thou knowest not yet.

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.

Dic hospes Spartanos te hic vidisse iacentes,
Dum sanctis patriae legibus obsequimur.
Report thou stranger, the Spartaines here to lie,
Whiles that their country laws they obeyed willingly.

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 deposition of Gabriel, it seemed good unto the fathers, to proceed to the election of another Bishop. And first of all they nominated those that together w t the Cardinals, should elect y e Pope. The first & principal of the Electors was the Cardinal Arelatēsis a man of invincible constancy, and incomparable wisdom: unto whose virtue I may justly ascribe whatsoever was done in the council: for without him, the prelates had not persevered in their purpose, neither could the shadow of any Prince have so defended thē. This man came not to the election by any favor or denomination, but by his own proper right. The rest of the Electors were chosen out of y e Italian, French, Germayne and Spanish nations, & their Sels & chambers appointed to them by lots, without respect of dignity or person, & as the lots fell, so they were placed: Whereby it chanced a Doctor to have the highest place, and a Bishop the last. Wherein the distribution of lots was very strange, or rather a Divine dispensation, reproving the devises of man, whereas the prelates had determined to have the best Chambers appointed for themselves, & had earnestly contēded before to have their chambers appointed according to their dignity.

The next day after, there was a Session hold̄, where in Marcus a famous Divine, made an Oration unto the Electors, wherein he reckoned up the manifold crimes of Gabriel, which was deposed. He endeavored to persuade the Electors to choose such a man, which should in all pointes, be contrary unto Gabriel, & eschew all his vices: that as he, through his manifold reproaches, was hurtful unto all men: so he which should be chosē, should show himself acceptable unto all men, through justice: and as Gabriel was covetous and full of rapine, so this man should show himself continent.

There was so great a mumber of people gathered together to behold this matter, that neither in the church, neither in the stretes, any man could pass. Th re was present John Earl of Diestein, who supplied the place of the Emperors Protector: also the Senators of the Citty, with many other noble men, to behold the same, whereof you shall hear (Christ willing) more largely hereafter. The Citizens were without in armor to prohibit that there should be no uproar made. The Electors received the Communion together, and afterwards, they received their oth: & the Cardinal Arelatensis opening the book of Decrees, read the form of the oath in y e audience of all mē, & first of all, he taking the oath himself, began in this manner.

Most reverend Fathers, I promise, swear and vow before my Lord Jesus Christ (whose most blessed body I unworthy sinner have received: unto whom in the last judgment I shall give accompt of all my deeds) that in this business of election, whereunto now by the will of the Council we are sent: I will seek nothing else, then the only salvation of the Christian people, and the profit of the universal Church. This shall be my whole care and study, that the authority of the general Councils be not contemned: that the Catholic faith be not impugned, and that the fathers which remain in the council, be not oppressed. This will I seek for: this shall be my care: unto this, withal my whole force and power, will I bend myself: neither will I respect anything in this point, either for mine own cause, or for any friend, but only God and the profit of the Church. With this mind and intent, and with this heart will I take mine oath before the Council.

His words were lively and fearful. After him all the other Electors in their order, did swear and take their oath. Then they went with great solemnity unto the Cōclave: where they remained 7. days. The manner of their election was in this sort. Before the Cardinals seat was set a Deske, whereupon there stood a basen of silver: into the which basen all the Electors did cast their scheduls: which the Cardinal receiving, read one by one, and four other of the Electors wrote as he read them.

The tenor of the Schedules was in this manner. I George Bishop of Uicene do choose such a man, or such a man, for bishop of Rome, and peradventure named one or two: everyone of the electors subscribed his name unto the Schedule, that he might thereby know his own, and say nay, if it were contrary to that which was spokē: whereby all deceit was utterly excluded. The first scrutiny thus ended, it was found that there were many named to y e papacy. Yet none had sufficient voices, for that day there were xvii. of diverse nations nominate. Notwithstanding Amedeus duke of Savoy, a man of singular virtue, surmoūted them all: for in the first scrutiny he had the voice of xvi. Electors which judged him worthy to govern the church.

After this, there was diligent inquisition had in the Council, touching those which were named of the Electors, and as every man's opinion served him, he did either praise or discommēd those which were nominate. Notw t standing there was such report made of Amedeus, that in the next Scrutiny, which was holden in the Nonas of November, the said Amedeus had 21. voices, and likewise in the 3. and 4. Scrutinye 21. voices. And for so much as there was none found in all the scrutiny to have 2. partes all y e other schedules were burnt. And forsomuch as there lacked but only one voice to the elecion of y e high bishop, they fell unto prayer, desiring God that he would vouchsafe to direct their minds to an unity and concord, worthily to elect and choose him which should take the charge over the flock of God. Forsomuch as Amedeus seemed to be nearer unto the papacy then all other, there was great communication had amongst them touching his life and disposition. Some said that a lay man ought not so suddenly to be chosen: for it would seem a strange thing for a secular prince to be called unto the Byshopricke of Rome: which would also to much derogate frō the ecclesiastical state, as though there were none therein meet or worthy for that dignity. Other some said that a man which was married and had children, was unmeet for such a charge. Other some again affirmed that the bishop of Rome ought to be a Doctor of law, and an excellent learned man.

When these words were spoken, other some rising up, spake far otherwise, that albeit Amedeus was no Doctor, yet was he learned and wise, for so much as all his whole youth, he had bestowed in learning & study, & had sought not the name, but even the ground of learning. Thē said another, if ye be desirous to be instructed further of this princes life, I pray you give ear unto me, which do know him throwly. Truly this man from his youth upward, and even from his young and tender years, hath lived more religiously then secularly, being always obedient to his parents and masters, and being always endued with the fear of God, never given to any vanity or wantonnes: neither hath there at any time been any child of the house of Savoy, in whom hath appeared greater wit to towardness, whereby all those which did behold and know this man, judged and foresaw some great matter in him: neither were they deceived. For if ye desire to know his rule & governance, what and how noble it hath been: First know ye this, that this man hath reigned since his fathers decease, about xl. years.

During whose time, justice, the Lady and Queen of all other virtues, hath always flourished: For he hearing his subjects himself, would never suffer the poor to be oppressed, or the weak to be deceived. He was the defender of the fatherless, the advocate of the widows, and protector of the poor. There was no rapine or robbery in all his territory. The poor and rich lived all under one law, neither was he burthenous unto his subjects, or importune against strangers throughout all his country: there was no grievous exactions of money, throughout all his dominion. He thought himself rich enough, if the inhabitants of his dominions did abound and were rich, knowing that it was the point of a good shepherd to sheare his sheep, and not to devour them. In this also was his chief study and care, that his subjects might live in peace, and such as bordered upon him, might have no occasion of grudge.

By which policies he did not only quietly govern his Fathers dominion, but also augmented the same by others, which willingly submitted themselves unto him. He never made war upon any, but resisting against such as made war upon him, he studied rather to make peace then to seek any revenge, desiring rather to overcome his enemies with benefits, then with the sword. He married only one wife, which was a noble virgin, & of singular beauty and chastity. He would have all his family to keep their hands and eyes chaste, and continent, and throughout all his house, honesty and integrity of manners was observed. When as his wife had changed her life, and that he perceived his Duchy to be established, & that it should come without any controuersye unto his posteritye, he declared his mind which was always religious, & dedicate unto god, & shown what will and affectiō he had long borne in his heart. For he contēning the pomp and state of this world, calling unto him his dear friends, departed and went into a wilderness: where as building a goodly Abbey he addicted himself wholly to the service of God, and taking his cross upon him, followed Christ. In which place he being cōuersant by the space of many years, shown forth great examples of holiness, wearing no other garments then such as could withstand the cold, neither using any kind of daynty fare, but only to resist hunger, watching and praiing the most part of the night. Wherefore this Prince is not newly come unto the Church (as some do suppose) but being a Christian borne of progenitors, a thousand years and more being Christians, doth now serve God in a monastery.

But as touching that, also which is spokē concerning a wife, I do not regard it: when as not only he which hath had a wife, but he also which hath a wife may be elect & chosen pope. For why do the doctors dispute, whether a married man chosen pope, ought to perform his duty toward his wife, but only because a married man might be received and chosen? For as you know well enough, there were many Popes that had wives: and Peter also was not without a wife. But what do we stand about this? for peradventure it had been better that more priests had been married, for many should be saved through marriage, which are now damned through their single life. But hereof we will (saith he) speak in another place. But this seemeth unto me, rather to be laughed at, then worthy any answer which is objected touching his children, for what can children (specially being of great age) be impediment or let unto the father, being a Bishop? Doth not the Scripture say woe be unto him that is a lone, for if he fall, he hath none to help him up again? This cannot be imputed unto the prince, for he hath 2. sons, both comely and wise. Whereof the one is prince of Piemont, the other Earl of the Gebennians: these men will rule the country of Savoy in the absence of their father, & will help him, if he have need, for they have already learned to rule over that people. I pray you what hurt is it for a Bishop of Rome, to have valiant childrē, which may help their father against tyrants? O most reverent fathers, the more I do behold the storm of this most perverse and froward time, the more I do consider the vexations and troubles which the church is now tormented withal: I do so much the more think it profitable, yea & necessary, that this man should be chosen prince and head: I will think that God hath shown his mercy upon us, if I may see him have the governance over this boat, I pray you consider into what straights we are now driven, with what perils we are now vexed & tossed. What prince is it that is obedient unto this council? For some will not confess that the Coūcel is here, neither receive our decrees: other some confess it in their words, but by their deeds they declare it to be at Florence. For albeit that by their words & letters, they do not deny that the church is here, yet do they procure promotions at the hands of Gabriel, which is deposed. This is the state of the Church: with these storms and tempests the ship is shaken and bruised: Wicked children have risen up against their mother, which being unmindful of their mothers labors & kindness towards them, despise her, contēn her & beat her. What is to be done here in? Shall we choose a bare man, which shall rather be derided of our princes, thē had in reverence? The days are not now, that mē have respect only unto virtue: for (as the Satirical Poet writeth) virtue is praised, but is coldly followed. A poor man speaketh & they ask what he is? Truly virtue is good: but for our purpose, it must be marked and looked upon, whether it be in a riche man or a poor man, you must choose a governor which may rule the ship not only by Council, but by power also. The wind is great: Wherefore except the Council be good, and the power strong, the ship shall be broken, & all put in danger. The memorial is yet fresh before our eyes: that the princes do neglect the authority which is of no force or power. Is there not great valiantness shown in this point, in that you fearing no peril or danger, either of life or goods, have so long contended for the truth of Christ? But the moste mighty & high God looketh down from on high, and will resist this their pride. I have often consented unto their opinion, which said it was expedient, that y e temporal dominions should be divided from y e Ecclesiastical state: for I did think that the priests should thereby be made more apt to the divine ministry, & the secular princes more obedient to the clergy: but for so much as at this present, y e churches of the world are possessed, partly by Eugenius & partly by other tyraunts, we must provide that we choose such a one, which may recover again the patrimony of the Church, and in whom the office of Christ's vicar may not be contemned: through the shielde of whose power, their contumacy may be suppressed, which contemn both verity & reason. Whereunto no man seemeth unto me more apt or meet, thē Amadeus duke of Savoy, which holdeth the one part of his possessions in Italy, and the other in France: Unto whom all christen princes are allied either by consanguinity, or joined by amity and friendship, & whose virtue, how famous it is, I have already declared. Why do we then stay or doubt to choose him? then whom Gabriel feareth no mā more. Let him therefore perish with the sword where withal he hath stricken. There is no man which can more pac •• y the church then he. Do you require devotion in a bishop? there is no man more devout thē he. Do you require prudēce? Now ye understand by his former life, what manner of man he is. If ye seek for justice, his people are a witness thereof: so y t whether you seek for virtue or power, all are here present before you. Wherupon do ye stay? Go to I pray you: choose this man. He will augment the faith: he will reform manners, and preserve the authority of the Church. Have ye not heard these troubles of the church to have been afore spoken of, and that the time now present should be an end of all troubles? Have ye not heard that about this time, there should a Pope be chosen, which should comfort Syō, and set all things in peace? And who I pray you should he be that could fulfill these things, except we choose this man? Beleue me, these sayings must be fulfilled, & I trust that God will move your minds thereunto. Notwithstāding, do whatsoever ye shall think most good and holy.

When he had spoken these words, the greatest mumber of the electors seemed to consent unto him, and his words took such effect, that in the next Scrutiny, the matter was finished and ended, and when the Scrutiny was opened, it was found that Amedius, the most devout duke of Savoy according to the decree of the Council, was chosen Pope. Wherefore suddenly there was great joy & gladness amongst them, and all men highly commended their doings. Then the Cardinal Arelatensis, published unto thē the name of the elect bishop. After this, all the prelates in their robes, pōtificalibus, and miters, and all the clergy of the city coming unto the conclaue, the electours being likewise adourned, they brought thē unto y e great church, where as after great thanks given unto God, and the electiō again declared unto the people, a Hymn being song for joy, the congregation was dissolved.

This Amedeus aforesaid, was a man of reverent age, of comely stature, of grave and discreet behavior: also before married. Who thus being elect for Pope about November, was called Felix the v. and was crowned in the city of Basel, in the month of July. There were present at his coronation Louis Duke of Savoy: Philip Earl Gebenēs. Louis Marques of Salutze: The Marques of Rotelen: Cōrade of Winsperghey, Chāberlain of the Empire: The Earl of Dierstein: The Ambassadors of the Cittyes of Strasbrough, Berne, Friburge, Solatorne, with a great multitude of other beside, to the vew of 50000. persons. At this coronatiou, the Popes two sons did serve and minister to their father. Louis Cardinal of Hostia did set on his head, the pontifical Diademe, which was esteemed at 30. thousand crowns. It were long here to recite y e whole order and solemnity of the procession, or the Popes ryding about the City. First proceeded the Pope under his Canaby of cloth of gold, having on his head a triple crown, and blessing the people as he went. By him went the Marques of Rotelen, and Conrade of Winsperge, leading his horse by the bridle. The procession finished, they went to dinner, which lasted four full hours, being excessively sumptuous: where the Popes two sons were butlers to his cup. The Marques of Salutze was the stuard, &c.

Of this Felix, thus writeth Uolaterane in his 3. book, that he being desired of certain of the Ambassadors, if he had any dogs or houndes to show them: he willed them the next day to repair to him, and he would show unto them such as he had. When the Ambassadors, according to the appointment, were come, he showeth unto them, a great number of poor people and beggars sitting at his tables at meat, declaring, that those were his hoūdes, which he every day used to feed: hunting with them (he trusted) for the glory of heaven to come.

And thus you have heard the state of this Council hitherto, which Council endured a long season, the space of 17. years.

About the 6. year of the Council, Sigismund the Emperor died, leaving but one daughter to succeed him in his kingdoms: whom he had married to Albert 2. Duke of Austricke, which first succeeded in the kingdom of Hungary and Boheme, being a sore adversary to the Bohemians: and afterward was made Emperor. an. 1438. and reigned Emperor but 2. years, leaving his wife, which was Sigismūd his daughter, great w t child. After which Albert, succeeded his brother Frederick the third Duke of Austrich, in the Empire, &c. whereof more (Christ willing) hereafter.

In the mean time, Eugenius hearing of the death of Sigismund above recited, began to work the dissolutiō of the Council of Basel, and to transfer it to Ferraria, pretending the coming of the Grecians. Notwithstanding the Council of Basel, through the disposition of God, and the worthiness of Cardinal Arelatensis, constantly endured. Albeit in the said Council were many stops and practices to empeach the same, beside the sore plague of pestilence, which fell in the City, during the said Council. In the which plague time, besides the death of many worthy men, Aeneas Sylvius also himself, the writer & compiler of the whole history of that Council sitting at the feet of the Bishops of Tournon, and of Lubecke, lay sick iii. days of the same sore, as is above touched, and never thought to escape. They that died, departed with this exhortation, desiring mē to pray to God, that he would convert the harts of them that stooke to Eugenius as Pope, against that Council, as partly is afore noted, and now repeated again for the better marking. Arelatensis being most instantly exhorted by his friends to fly that danger, could by no means be entreated to avoid, fearing more the danger of the Church, then of his own life.

Beside these so great difficulties & obstacles to stay and hinder this Council, strange it was to behold the mutation of men's minds. Of whom, such as first seemed to favor y e Council, after did impugn it: and such as before were against it, in the end shown themselves most friends unto the same. The chief Cardinals & prelates, the more they had to loose, the sooner they slipped away, or else lurked in houses or towns near, and absented thenselves for fear: so that the stay of the Council most rested vpō their Proctors, Doctors, Archdeacons, Deans, Prouostes, Priours, and such other of y e inferior sort. Wherof Aeneas Sylvius in his 183. Epistle, maketh this relation, where one Caspar Schlicke the Emperors Chancelor writeth to the Cardinal Julian in these words: Those Cardinals (saith he) which so long time magnified so highly the authority of the Church, and of general Councils, seeming, as though they were ready to spend their lives for y e same, now at the sight of one letter from their king (wherein yet no death was threatened, but only loss of their promotions) slipped away frō Basil. And in y e same Epistle deridingly commendeth thē, as wise men, that had rather lose their faith, then their flock. Albeit (saith he) they departed not far away, but remained about Solotorne, waiting for other commandments from their Prince. Whereby it may appear, how they did shrink away not willingly, but the Burse (quoth he) bindeth faster, then true honor.

Quid enim saluis infamia nummis? That is to say: what matter maketh the name of a man, so his money be safe? Haec Aeneas.

Moreover in one of the Sessions of the said Council, the worthy Cardinal Arelatensis is said thus to have reported, that Christ was sold for xxx. pence: but I (said he) was sold much more dear. For Gabriel, otherwise called Eugenius, Pope, offered 60. thousand crowns, who so would take me, & present me unto him. And they that took the said Cardinal, afterward excused their fact by another color, pretending the cause, for that the Cardinals brother, what time the Armiakes wasted Alsatia, had wrought great damage to the inhabitants there, and therefore they thought (said they) that they might lawfully lay hands upon a Frenchman, wheresoever they might take him. At length by the Bishop of Strasbrough, Rupert, and the said City, the matter was taken up, and he rescued. Wherein, no doubt, appeared the hand of God, in defending his life from the pestilent danger of the Pope his adversary. Ex Paralip. Abbot. Vrsper.

And thus far having proceeded in the matters of this foresaid Council, until the election of Amadeus, called Pope Felix v. before we prosecute the rest, that remaineth thereof to be spoken, the order and course of times requireth to intermixt withal the residue pertaining to the matters concluded between this Council, and the Bohemians, declaring the whole circumstances of the Ambassade, their Articles, disputations, and answers, which they had first in the said Council, then in their own country with the Councils Ambassadors: also with their petitions and answers unto the same.

Touching the story of the Bohemians, how they being sent for, came up to the Council of Basel, & how they appeared, and what was there concluded and agreed, partly before hath been expressed, pag. 675. Now, as leisure serveth frō other matters, to return again unto the same, it remaineth to prosecute the rest that lacketh, so far as both brevity may be observed, and yet the reader not defrauded of such things, principally worthy in the same to be noted and known.

The Bohemians then (as is before declared) having always the upper hand, albeit they were accused by y e new Bishop Eugenius, yet it was thought good that they should be called unto Basel, where as the Council was appointed. Wherupon Cardinal Julian sent thither before, John Pullumair Doctor of y e law, & John de Ragulio, a Divine. Who coming unto Basel in the month of August, anno. 1431. called by their letters unto y e Council, John, Abbot of Mulbrun, and John Belhusius, Monk of the same cloister: which men for the dexterity of their wit, and experience and knowledge of countries, were very meet and necessary for Ambassades.

Within a few days after, Julianus also came thither, as he had promised, and immediately sent out John Belhusius, and Hammon Offenbourg, a Senator of Basel, first unto the Emperor Sigismund being at Felokirch, and afterward unto Friderike Duke of Austrich, for the appealing of the wars between him & Phillip, Duke of Burgony. This done, to the intent that peace being had, not only the Ecclesiastical Prelates, but also the Merchants might have safe access unto Basel, and so bring in all things necessary for sustentation.

They going on this Ambassade, received letters from the Sinode to be delivered unto y e Emperor Sigismūd, whereby the Bohemians and Morauians, were called unto the Council. These letters he by and by, caused to be carried unto Boheme. But for so much as he himself went into Italy, to receive the Imperial Crown of the Bishop, he left William Duke of Bavaria, as his Deputy, to be protector unto y t Council. Furthermore, when as y e Synod understood that our men would take a peace with the Bohemians, after their most shameful flighte, they sent John Niderius a Divine, & John Belhusius, to comfort the people which joined upon Boheme, and earnestly to move the Morauians & Bohemians, which were before called, to come unto the Council.

They departing from Basel about the end of October, took their journey toward Monacum, a town of Bavaria: Where, after they had saluted Williā Duke of Bavaria and his brother Ernestus, and Albert the son of Ernestus, and had declared y e Cōmission of their Ambassade, and had shown unto Duke Williā, how that as soon as he should come unto Basel, the protection of the Council should be committed unto him by the Emperor: they exhorted Fridericke, Marques of Brandenberg, and John Duke of Bavaria, the Senate of Noremberg, and other Princes and Lord's, partly by letters from y e Council, and partly by words of mouth, that they should by no means, take any truce with the Bohemians, for that it might be hurtful unto the Church, and said they should have aid out of hand. They desired them also in the name of the Council, that if the Bohemians would send their Ambassadors unto Basel, they would guide them, every man through his country in safety: which they promised to do. It is incredible how all men rejoiced, that the Bohemians was sent for.

After this, when as they counseled with the Senate of Noremberg, touching the sending of the Councils letters unto Boheme, it seemed best, first of all to inquire of y e rulers of Egra, whether y e Bohemians had made any answer to the former letters of y e council which they had sent. The rulers of Egra being advertised by these letters, sent him, which carried y e Councils letters into Boheme, unto Noremberg. He reported how reverently the Council of y e greater city of Prague received y letters, and how he was rewarded.

Wherupon they conceived great hope of the good success of the Ambassade. Therefore the Ambassadors using the Council of y e Senate of Noremberg, and diverse others, sent the messenger back again unto Egra, with their own private letters, and with letters of the Council: for there was no better mean to send the letters unto Boheme. Much travail was taken by them of Egra, Friderike Marques of Brandenberg, and John Duke of Bavaria, in this matter, for that they were very desirous that peace might be had amongst all Christians. The copy of those letters, whereby the Synod did call the Bohemians unto the Council, and other letters exhortatorie of the Ambassadors, and the Bohemians answer unto the same: for brevities cause we have here pretermitted. The Bohemians not in all points trusting unto the Ambassadors, required by their letters, that the Councils Ambassadors with the other Princes, would come unto Egra, whereas their Ambassadors should also be present, to entreat upon the safe conduict and other matters.

The day was appointed for the meeting, the Sunday after Easter, which was y e xxvij. day of April. Then came the Ambassadors of the Council unto Egra, with y e noble Princes, Friderike Marques of Brandenberg, and John Duke of Bavaria, with other nobles, almost to the number of 252. horsse. But none of the Bohemians were present, because the inhabitants of Pilsana, and the Lord Swambergius had not sent their safe conduict. When they understood this by their letters, they brought to pass that the Ambassadors of the Bohemians, Nicolaus Hunpeltzius, secretary of the greater City of Prague, and Matthew Clumpezane, President of Piesta, should be brought forth by them of Egra, and the Elenbogenses, and so they came unto Egra with xix. horse, the viii. day of May. The next day after, Henry Tocgye, received y e Bohemian Ambassadors before y e Marques, with an eloquent Oration, taking this part of the Gospel for his Theame, Pax vobis. i. Peace be with you. Then they propounded what great injuries they had hitherto received at their hands, which was the cause of so many great slaughters on either party, and that they were glad that yet now at the length there was some hope that they should be heard.

After this, they conferred as touching the safeconduict. The Bohemians required pledges, and that not of y e common sort, but Princes & nobles. Which thing, for so much as it did not content the Ambassadors, and that the matter should so be put of, the common people of Egra began to cry out that it was long of the Ecclesiastical Princes, that a concord was not made with y e Bohemians. Then Friderike Marques of Brandēberge, and John Duke of Bavaria, bound themselves of their own good will. The like also did William Duke of Bavaria, at the request of the Council. Likewise also did the Council and the Emperor Sigismūd. Furthermore promise was made, that all the Princes and Cities, should do the like, thorough whose dominion they should come, and the City of Basel also. The copy of which safeconduict was afterward sent unto Prague. This also was required by the Bohemians, that if it were possible, the Emperor should be present at the Council.

This conuention at Egra continued xxj. days. But the Bohemians, albeit they heard the Councils Ambassadors make great promises, yet did they not fully give credit unto them. Whereupon they chose out two Ambassadors, Nicholas Humgolizius, & John Zaczenses, which should go to Basel, & diligently inquire out all things. These men, Conrade Bishop of Ratisbone, and Conrade Seglauer Dean of Esteine, brought unto Cattelspurg, where as the Marques dwelt, being sent out by the Synod a little before, to inquire whether the Bohemian Ambassadors would come or not. When they were come unto Biberacke, one being ouercurious, inquired of one of the Bohemian Ambassadors, of what Country he was. He answered that he was a Zaczen. There (said he) are most execrable heretics and noughty men, &c. Who for that slanderous word, as a breaker of y e truce, was straightway carried to prison, and there should have suffered more punishment, if the Bohemian Ambassadors, and the Abbot of Ebera, had not entreated for him. When they came unto Basel, they were honourably received with wine and fish. They tarried there five days and a half. The tenth day of October, they came unto the Synod, which was assembled at the Friers Augustine's.

These Ambassadors, when as they were returned home with the Chartour of y e Synod, and declared those things which they had seen, and that the matter was earnestly handled without fraud or disceipt: there were Ambassadors chosen to be sent unto the Council, both for the kingdom of Boheme, and the Marquesdome of Morauia, which coming unto Tusca, were brought from thence, with xxxij. horse, & diverse noble men, unto Chambia. From thence they came to Swenkendorph, and so unto Noremberg, where as beside their entertainment of wine & fish, xxij. horsemen accompanied thē unto Ulmes: from thence, they of Ulmes brought thē unto Biberacke, and Sulgotia: there James Tunches a Knight receiving them, brought them to Stockacum, and from thence the hands of the Duke of Bavaria brought thē unto Schafhuse. There they taking ship the fourth day of January, came unto Basel the ix. day of the same month. What were the names of these Ambassadors of the Bohemians, which were brought up with 300. horse, and how they were received at Basel, mention is made before, pag. 675. When as they came unto the Synod, Cardinal Julian made an Oration, that whatsoever was in any place in doubt, the same ought to be determined by the authority of the Council, for so much as all men are bound to submit themselves to the judgment of y e holy Church, which the General Council doth represent. Which Oration was not allowed of all the Bohemians.

Then Rochezanus made an Oration, requiring to have a day appointed whē they should be heard, which was appointed the xvj. day of the same month. Upō which day, John Rochezanus having made his preface, begā to propound y e first Article touching the Communion to be ministered under both kinds, and disputed upon the same by the space of three days always before noon. Then Uenceslaus the Thaborite disputed vpō the second article, touching the correctiō and punishing of sin, by the space of ii. days. After whom Uldaricus priest of y e Orphans propounded & disputed upon the third Article by y e space of ii. days, touching the free preaching of the word of God.

Last of all, Peter Paine, an English man, disputed iii days vpō y e fourth article touching y civil dominion of y e Clergy, and afterward gave copies of their disputations in writing unto y e Council, with hearty thanks that they were heard. The three last did somewhat inuey against the Council, Commending John Hus & John Wycliffe for their doctrine. Whereupon John de Ragusio a Divine, rising up, desired that he might have leave to answer in his own name, to the first article of the Bohemians. The Council consented thereunto: so that by the space of viii. days in the fore noon, he disputed therupō. But before he began to answer, John the abbot of Sistertia made an oration unto y e Bohemians, that they should submit themselves to the determination of the holy church, which this council doth represent. This matter did not a little offend the Bohemians, John Ragusinus a divine, after Scholers fashion: in his answer spake often of heresies and of heretics. Procopius could not suffer it, but rising up with an angry stomach complained openly to the council of this injury. This our countreymā (saith he) doth us great injury, calling us oftentimes heretics. Whereunto Ragusinus answered: for so much as I am your coūtrymā both by tongue and nation, I do the more desire to reduce you again unto y e Church. He was a Dalmatian borne, and it appeareth that y e Dalmatians going into Boheme, took their name by their country which they possessed. It came almost to this point, that through this offense, y e Bohemians would depart from Basel, and could scarcely be appeased. Certain of the Bohemians would not hear Ragusinus finish his disputation.

After him, a famous Divine, one Egidius Carlerius, Dean of y e Church of Cambrey, answered unto the second article, by the space of iv. days. To the third article answered one Henricus, surnamed Frigidum ferrū iii. days together. Last of all, one Johannes Polomarius, master of the requests of the palace, answered unto the fourth article likewise by the space of three days, so that the long time which they used in disputations, seemed tedious unto y e Bohemians. Notwithstanding this answer, the Bohemians still defended their articles, & specially the first, insomuch as I. Rochezanus did strongly impugn Ragusinus answer by the space of vi. days. But forsomuch as one disputation bred another, and it was not perceived how that by this means any concord could be made: the prince William Duke of Bavaria, Protector of the Council, attempted another remedy, that all disputations being set apart, the matter should be friendly debated.

There were certain appointed on either part to entreat vpō the concord: who coming together the eleventh day of March, those which were appointed for the Council, were demanded to say their minds. It seemeth good, said they, if these men would be united unto us, & be made one body with us, that this body might then accord, declare and determine all manner of diversities of opinions and sects, what is to be believed or done in them.

The Bohemians, when they had a while paused, said: this way seemed not apt enough, except first of all, the four articles were exactly discussed, so that either we should agree with them, or they with us, for otherwise it would be but a frivolous matter, if they now being united again, disagree in the deciding of the articles. Here answer was made to the Bohemians, that if they were rightly united, and the aid of the holy Ghost called for, they should not err in the deciding of the matter, for so much as every Christian ought to believe that determination: which if they would do, it would breed a most firm & strong concord and amity on either part. But this answer satisfied them not, in so much the other three rose up, and disputed against the answers which were given. At that time Cardinal Julian President of the Council, made this oration unto the Bohemian Ambassadors.

This sacred Synod, saith he, hath now by the space of ten days, patiently heard y e propositions of your four articles, and afterward he annexed: you have propounded saith he, four articles, but we understand that beside these four, you have many other strange doctrines, wherein ye dissent from us. Wherefore it is necessary, if that a perfect unity and fraternity shall follow between us, that all these things be declared in the council, to the end that by the grace of the holy Ghost, which is the author of peace and truth, due provision may be made therein. For we have not gathered these things of light conjectures, but have heard them of credible persons, and partly here are some present, which have seen them with their own eyes in Boheme, and partly we do gather it by our own report: for master Nicholas, which was the second that did propound, amongst other things alleged, that John Wycliffe was an Evangelical Doctor. If ye believe him to be a true Doctor, it followeth that you must repute his works as authentic: If ye do not so think, it is reason that it should be opened unto us.

Wherefore we desire you, that you will certify us upon these and certain other pointes, what you do believe, or what credit you do give unto them. But we do not require that you should now declare your reasons, but it shall satisfy us, if you will answer unto every article by this word. Credimus aut non credimus : that is, we believe or believe not. Which if you will do (as we trust you will) then we shall manifestly perceive that you desire that we should conceive a good estimation of you. If there be anything, whereof you would be certified by us, ask it boldly, and we will give you an answer out of hand: For we are ready according to the doctrine of S. Peter, to render accompt unto every man which shall require it, touching the faith which we hold. Hereunto the Bohemian Ambassadors answered in few words, that they came only to propound those four articles, not in their own name, but in the name of the whole kingdom of Boheme, and speak no more. Wherupon, William the noble protector of the council, calling unto him four men on either part, entreated touching the pacifieng of the matter, by whose advice, the Council decreed to send a famous Ambassade, with y e Bohemian Ambassadors unto Prague, whereas the people should assemble vpō Sunday. But they would not receive these conditions of peace, which were offered, but made hast to depart. Whereupon, the fourteen day of April, there was ten chosen out of the council, to go with the Bohemian Ambassadors unto Prague.

It were to long here to declare what honor was done unto these Ambassadors, all the way in their journey, and specially when they came unto Boheme by the Citizens of Prague, when as a great number of Bohemians were assembled at Prague at the day appointed, both of the Clergy, Nobility and common people.

After the coming of those Ambassadors, much contention begā to rise between the parties. First begā John. Rochezanus: who speaking in the public person of the commutaltie, labored to commend and prefer the iv. verities of the Bohemians before propounded: charging also the Prelates and Priests for their slandrous obtrectatious, and undeserved contumelies, wherewith they did infame y e noble kingdom of Boheme, complaining also that they would not receive those Christian verities, left & allowed by their king Wenceslaus, now departed. Wherefore he required thē in the behalf of y e whole nation, that they would leave off hereafter to oppress thē in such sort, that they would restore to thē again their Joseph's vesture, that is, the ornament of their good fame and name, whereof their brethren, their enemies had spoiled them, &c.

To this Polomar maketh answer again, with a long and curious oration, exhorting them to peace and unity of the Church, which if they would embrace, all other obstacles and impediments (said he) should be soon removed, promising also that this their vesture of honor and fame, should be amply restored again: and afterward, if there were any doubtful matters, they might & should be the better discussed.

But all this pleased not the Bohemians, unless they might first have a declaration of their four articles, which if they might obtain, they promised then to embrace peace and concord, Which peace (said they) began first to be broken by themselves, in that the Council of Constance by their unjust condemnation, burned John Hus, and Jerome of Prague, and also by their cruel Bulls and censures, raised up first excommunication, then war against the whole kingdom of Boheme.

Hereunto Polomar reclaiming again, began to advance and magnify the honor and dignity of general councils. To conclude, as much as the said Polomar did extol y e authority of the Councils, so much did the answer of the Bohemians extenuate the same: saying that the latter Councils which are not expressed in the law of God, have erred, & might err, not only in faith, but also in manners. For that which hath chanced to the green wood, may also chance unto the dry. But of other, the most strong pillars of the militant Church, the Apostles I mean: seem all to have erred, and the Catholic faith to have remained three days sound & incorrupt only in the virgin Mary. No Christian man therefore ought to be compelled to stand to the determination of the Pope or the Council, except it be in that, which is plainly expressed in the law of God. For it is evident, that all the general Councils which have been of long time, have reformed very few things as touching the faith, peace, and manners of the Church: but have always both in their life and decrees, notoriously swerved, and have not established themselves upon the foundatiō, which is Christ. Wherefore the said Bohemians protested that they would not simply & plainly (God being their good Lord) yield themselves to their doctrine, nor to such rash and hasty decrees: least thorough that their hasty and vncircumspect submission, they should bind their faith and life, contrary to the wholesome and sound doctrine of our Lord Christ Jesus. In sum, in no case they would enter into any agreement of peace, except their four Articles, which they counted for Evangelical verities, were first accepted and approved. Which being obtained (said they) if they would condescend with them in the verity of the Gospel, so would they join together, & be made one with them in the Lord. &c. Ex Cochleo Hist. Lib. 7.

Whē the Ambassadors saw the matter would not otherwise be brought to pass, they required to have those Articles delivered unto them in a certain form, which they sent unto the Council by three Bohemian Ambassadors.

Afterward the Council sent a declaration into Boheme, to be published unto the people, in the commō assemblies of the kingdom, by the Ambassadors, which were commanded to report unto the Bohemians, in the name of the Council, that if they would receive the declaration of those three Articles, and the unity of the Church, there should be a mean found whereby the matter touching the fourth Article, of the Communiō under both kinds, should be passed with peace and quietness.

They propounded in Prague, in an open assembly of the Nobles and commons, the declarations of the three Articles in form following.

For so much as touching the doctrine of the verity, we ought so to proceed soberly & warely, that the truth may be declared, with words being so orderly conceived & uttered, that there be no offense givē to any mā, whereby he should fall or take occasion of error, & (to use the words of Isidore) that nothing by obscurity be left doubtful: whereas you have propounded touching the inhibition & correction of sins, in these words: all mortal sins, & specially open offenses, ought to be rooted out, punished, & inhibited, by them whose duty it is so to do, reasonably & according to the law of God: here is to be marked and understand, that this word (whose duty it is) is too general, and may be an offense: & according to the meaning of the Scripture, we ought not to lay any stombling stock before the blind, and the diches are to be closed up, that our neighbors Ox do not fall therein: all occasion of offense is to be takē away. Therefore we say that according to the meaning of the holy Scripture, and the doctrine of the holy Doctors, it is thus universally to be holden: that all mortal sins, specially public offenses, are to be rooted out, corrected and inhibited, as reasonably as may be, according to the law of God, & the institutions of the fathers. The power to punish these offenders, doth not pertain unto any private person, but only unto them which have jurisdiction of the law over them, the distinction of law & justice, being orderly observed.

As touching the preaching of the word of God, which Article you have alleged in this form, that the word of God should be freely and faithfully preached by the fit and apt ministers of the Lord: least by this word (freely) occasion may be taken of disordred liberty, which (as you have often said ye do not mean) the circumstance thereof is to be understand and we say, that (according to the meaning of the holy Scripture, and doctrine of the holy Fathers) it is thus universally to be believed: that the word of God ought freely, but not everywhere, but faithfully & orderly, to be preached by the Priests and Levites of the Lord, being allowed and sent by their superiors, unto whom that office appertaineth, the authority of the Bishop always reserved, who is the prouider of all things according to the institution of the holy fathers.

As concerning the last Article expressed under these words: it is not lawful for the Christian Clergy, in the time of y e law of grace, to have dominion over temporal goods: we remember that in the solemn disputation holden in y e sacred Council, he which was appointed by y t Council to dispute, propounded two conclusions in this sort.

First, that such of the Clergy as were not religious, and had not bound thenselves thereunto by a vow, might lawfully have and possess any temporal goods, as the inheritance of his father or any other, if it be left unto him, or any other goods justly gotten by means of any gift or other lawful contract, or else some lawful art.

The second conclusion: The church may lawfully have and possess temporal goods, movable and unmovable, houses, lands, towns, and villages, castles and Cities, and in thē have a private and civil dominion. Your Ambassador which disputed against him, granted those conclusions, saying that they did not impugn the sense of his Article, being well understand, for so much as he understandeth his Article, of civil dominion formally meant. Whereby, and also by other things, it may be understand, that those words, to have secular dominion expressed in the foresaid Article, seemeth to be referred to some special manner or kind of dominiō. But for so much as the doctrine of the Church is not to be entreated upon by any ambiguous or doubtful words, but fully and plainly: therefore we have thought good more plainly to express that, which according to the law of God, and the doctrine of the holy Doctors, is universally to be believed: that is to say, the two aforesaid conclusions to be true. And also, that the Clergy ought faithfully to distribute the goods of the Church, whose administratours they are, according to the decrees of the holy fathers: and that the usurpation of the administration of the Church goods, done by any other then by them, unto whom the administration is Canonically committed, cannot be without gilt of sacrilege.

Thus the sacred Council (said they) hath diligently gone about according to the verity of the Gospel, all ambiguity set apart, to expound the true sense of the three foresaid Articles. Wherefore, if there do yet remain any doubt: according to the information which we have received in the sacred Council, we are ready by God's help (who is the principal verity) to declare the truth unto you: If ye do receive and embrace the declaration of the said three Articles, which is grounded upon the verity of the holy Scripture, as you are bound, and will effectually have a pure, simple, and perfect unity, touching the liberty of the communion under both kinds, which you desire and require, which also you cannot lawfully have, without the license of holy Church: we have authority from the general Council, by certain means, to entreat and conclude with you, trusting that you will show yourselves as you will continue.

These things thus declared, after the Bohemians had taken deliberation, they said that they would give no answer unto the premisses, before they understood what should be offered them as touching the Communion. Wherefore, it shall be necessary to declare the matter, as it was written in form following.

In the name of God and our savior Jesus Christ, upon the Sacrament of whose most blessed last supper we shall entreat, that he which hath instituted this most blessed Sacrament of unity & peace, will vouchsafe to work this effect in us, to make us that we may be one in the said Lord Jesus our head, and that he will subvert all the subtleties of the devil, which through his envious craftiness, hath made the Sacrament of peace and unity, an occasion of war and discord, that whilst Christians do contend touching the manner of communicating, they be not deprived of the fruit of the communion. Whereupon S. Augustine in his Sermon upon infants, in the decrees De cons. distinct. 2. Quia passus, saith thus: So the Lord Jesus Christ certified us and willed, that we should appertain unto him, and consecrated the mistery of our peace and unity upon the table. He that receiveth the mistery of unity, and doth not keep the bond of peace, doth not receive a mistery for himself, but a testimony against himself. This we thought good above all things to be premised, that the general custom of the Church, which your fathers and you also in times past have observed, hath a long time had and still useth, that they which do not consecrate, communicate only under the kind of bread. Which custom being lawfully brought in by the Church and holy fathers, and now a long time observed, it is not lawful to reject, or to change at your will and pleasure, without the authority of the Church. Therefore to change the custom of the Church, and to take in hand to communicate unto the people under both kinds, without the authority of holy Church, is altogether unlawful. For holy Church upon reasonable occasions, may grant liberty to communicate unto the people under both kinds. And every communion which, being attempted without the authority and license of the Church, should be unlawful when it is done with the authority of holy Church, shall be lawful, if other things let it not: because (as the Apostle saith) he that eateth and drinketh unworthily, eateth and drinketh his own damnation.

Whereupon Saint Isidore in the second distinct. upon the consecration, writeth thus: They which live wickedly and cease not daily to communicate in the Church, thinking thereby to be cleansed, let them learn that it doth nothing at all profit them to the cleansing of their sins. And S. Augustine in the same distinctiō saith, holy things may hurt the evil, for unto the good they are salvation, but unto the evil damnation. There are besides this, many other authorities. The Apostle Judas was amongst thē which did first communicate, but for so much as he received unworthily, having that sin of treason in his heart, it did profit him nothing, but the devil by and by exercised more the power and authority over him. This is declared by a great reason: which of you is it, that if you should receive your Lord into your house, would not with all diligence and care, study to make clean and adorn his house, that he may receive the Lord honestly? much more he that shall receive his Lord and Savior into the house of his soul, ought diligently to make clean and decke his soul, to cleanse it by the Sacrament of penance, with sorrow and contrition of heart, humbly, purely, and truly confessing his sins, and receiving due satisfaction and penance, to adorn and decke the same with the purple or rich array of devotion, that the heart being so purged and adorned with fervent desire, he may come to that most holy Sacrament, whereby God reconcileth all the world unto him.

Wherefore, the most sacred Synod admonisheth, exhorteth, and commandeth, that all Priests should diligently exhort & admonish the people, and that they should use all their care & indeuor, that no man come to that most blessed sacrament, except he be duly prepared with great reverence & devotion, least that which is received for the salvation of the soul, redounde to the condemnation, through the unworthy receiving thereof.

Moreover, Doctors do say, that the custom of communicating unto the people, only under y e kind of bread, was reasonably introduced by y e Church & holy fathers, for reasonable causes, specially for y e avoiding of ii. perils: of error and vnreuerēce. Of error, as to think y t the one part of Christ's body were in y e bread, & the other parte in the cup, which were a great error. Of vnreuerence, for so much as many things may happen, as well on the part of y e minister, as on the part of the receiver: As it is said that it happened whē as a certain Priest, carieng the Sacrament of the cup unto a sick man, whē he should have ministered, he found nothing in the cup, being all spilled by the way, with many other such like chaunces. We have heard moreover that it hath often happened, that the Sacrament consecrate in the cup, hath not been sufficient for the number of communicants, whereby a new consecration must be made, which is not agreeable to the doctrine of the holy fathers, and also y t oftentimes they do minister wine vncōsecrate for consecrate wine, which is a great peril. By this means then it shall be brought to pass, that if you will effectually receive the unity & peace of the Church, in all other things besides the use of the Communion under both kinds, cōforming yourselves to the faith & order of the universal Church, you y t have that use and custom, shall communicate still by the authority of the Church under both kinds, and this Article shall be discussed fully in the sacred Council, where you shall see what, as touching this Article, is to be holden as an universal verity, and is to be done for the profit and salvation of the Christian people, & all things being thus thoroughly handled, then if you persevere in your desire, & that your Ambassadors do require it, the sacred Council will grant license in the Lord, unto your ministers, to communicate unto y e people under both kinds: that is to say, to such as be of lawful years & discretiō, and shall reverently & devoutly require the same, this always observed, that the ministers shall say unto those which shall communicate, that they ought firmly to believe not the flesh only to be contained under the form of bread, and the blood only under the wine, but under each kind to be whole and perfect Christ.

Thus hitherto we have declared the decree of y e Council. As touching the other doubts & questions which were afterward moved by the masters & Prelates of Boheme, the Ambassadors of the Council answered thus.

First they said, that it was not the meaning of the sacred Council, to suffer y e Communion under both kinds by toleration, or as the libel of diuorsemēt was permitted to the Jews: for so much as the Council intending even to open the bowels of motherly charity and pity, unto the Bohemians and Morauians, doth not mean to suffer it with such kind of sufferance, which should not exclude sin, but so to grant it, that by the authority of our Lord Jesus Christ, and of his true spouse the Church, it may be lawful, profitable & healthful unto those which worthily receive the same. Also, as touching that which was spoken by the said Bohemians of the punishing of offenses, that it is in Scriptures, how that God oftentimes stirreth up the harts of private persons, to the correction & punishing of sins, and so it should seem lawful unto the inferiors to correct and punish their superiors: they answered, alleging the text of S. Augustine in the xxiij. decree: He that striketh wicked men in that they are wicked, & hath cause of death against them, is the minister of God: but he which without any public administratiō or office murdereth or maimeth any wicked thief, sacrilegious, adulterous or perjured person, or any other offender, shall be judged as an homicide, and so much y e more sharply, in that he feared not to abuse & usurp the power not granted him of God: and truly, this City would take it much more grievously, if any private man should attempt to punish an offēder, & set up a gallows in y e streate, and there hang him, then if one man should kill another in brawl or quarrel. They alleged also other texts of S. Ambrose & S. Jerome agreeable to y same. They said that no mā doubteth y t the law of God is duly & holily appointed, and therein is simply writ̄, thou shalt not steal. And notw t standing by the commandment of God the childrē of Israel carried away the goods of the Egyptians, which they had borrowed of thē. Also in y e same law it is plainly writ̄, thou shalt do no murder. Wherupon S. Agustine in his first book De Ciuitate Dei, proveth that it is not lawful for any mā to kill himself: and whē as he maketh example of Sampson, he answereth with these words: when as God commandeth & doth affirm himself to command without any doubt, who is he that will call obedience sin? or who will accuse the obedience to God?

Here in this proposition, you have the words of S. Agustine for an answer. But let every man well foresee, if God do command, or that he do intimate the commandment without any circumstances, and let him prove the spirits whether they be of God. But in such cases there are no laws to be given, neither are they much to be talked of, for thereby there should easily occasiō rise to make seditiō, & for y e inferiors to rise against the superiors. For whē any man had stolen anything, or killed any mā: he would say that he was moved thereunto by the spirit of God: but without manifest proof thereof, he should be punished.

Again they said that there were certain cases wherein the Laity had power over the Clergy. It was answered, that there were certain cases in the law, wherein the Laity hath power over the Clergy, and oftentimes over Cardinals. For if the Pope being dead, the Cardinals would not enter y t Cōclave to elect a new Pope, the king, prince, or other Lord or secular power may compel them: but in these cases he is now no private person, but useth his jurisdiction by the authority of the law. The like is to be understand of all other cases expressed in the law.

They said further, that no common law hath any right or justice, except God's law do allow the same.

It was answered that no common law hath right or justice, if it be against the law of God, for because y e law of God is the rule of all other laws. But there is great cunning and knowledge in applieng the rule to that which is made by the rule, for oftentimes, it seemeth that there is diversity in the thing made by the rule, when there is none in deed: but the default is in the applieng, because the rule is not duly applied to the thing made by it.

As touching the Article of preaching the word of God, it was moved that oftentimes some Prelates, thorough their own envy and malice, without any reasonable cause, do inhibit a good and meet Preacher that preacheth Catholickely and well.

Answer was made, how that they understood well enough that the abuse of certain Prelates, which did inordinately behave themselves, gave a great occasion of those troubles. Also that they never heard of any such complaints in those parties, but that y e Prelates do favor good preachers, and stir them up to preach, by entreaty, favor, & promotiō. In all such cases, there are remedies already provided by the law: for when any mā is so prohibited to use his right, he hath remedy to appeal: and if he do trust his appeal to be just, he may use his right, all violence both of the spiritual and secular power set apart, for the end of the matter shall declare if he had just cause to appeal. Then shall be declared that the superior hath done evil in prohibiting, & the pleantiue justly in doing, and the superior for his unjust prohibition shall be punished. But if he be justly prohibited, and that through his temerity, he do contemn the just commandment of his superior, he is worthy to be punished with condign punishment.

Where it was moved concerning the third Article, whether it were lawful for the Ecclesiastical Prelates to exercise in their proper person, the acts of secular dominiō, hereunto it was answered, that if by this word acts of secular dominion are understand acts which a secular Lord may do or exercise, then is it to be said, that a Prelate may lawfully exercise some such acts in his proper person, as to sell, to paune or pledge, to infeofe by manner and form ordained by law: but there are some acts, which it is not lawful for them to exercise in their proper person, but ought to have afterward, a Uicegerent or Proctor, to do the same: whereupon there is prohition made in the law in the Rubrike, Ne clerus vel Monachus secularibus negotijs se immisceat, & in alijs rebus.

It was also moved, whether that coactiue power, which ought to be exercised by a Steward. &c. be in the hands of an Ecclesiastical Prelate.

Whereunto John Polomair answered, that this question presupposeth another: whereof there are diverse opinions amongst the Doctors, in whose power the dominion of the Church should be: and furthermore, whether the actions be in the person of the tutor or proctor, or if they be not in their person, notwithstanding by the constitutiō of any actor or proctor (whose exercising of those actions do give authority unto the actor or proctor) they be: with other difficulties, whereof it is not needful to speak at this present. But for so much as he was urged to say his opinion: he said, that to such as had either leisure or pleasure in disputation, & would argue against him, he would be cōtēted to give the choice to take which part he would, but his opinion was rather that the dominion of Church matters should be in the power of Christ: and the Prelates, with the other Clergy, are but Canonical administratours in manner of tutors: but they have more power & administration then tutors, and by constitutyng a Steward or Uicegerent. &c. Their constitution being duly made, the Steward or Uicegerent hath the same coactiue power and exercise of jurisdiction.

Also as touching the fourth Article, for the declaration of the first conclusion, it is agreed that these words, Iuste requisita. i. justly gotten, alleged, therein, determine all things contained in the same.

Also as touching the second conclusion, where as the sacred Canons and holy Doctors speak thus: the goods of the Church, the substance of the Church, and the possessions of the Church, and diverse other opinions there be amongst the Doctors, in whose power the rule thereof should be, as it is noted in the Glose. Cap. expedit xii. quaest. i. they do not intend to contstrain any man to any of those opinions, neither to exclude any of them, but that every man should have liberty, probably to maintain which of them he thinketh best.

Moreover, the Bohemians said, that they did believe that the Clergy are but administrators of the tēporalties of the Church, and not Lord's thereof, according to the manner of speaking of the Scriptures, holy Doctors, and Canons. Also the Bohemians said, that in all occasions which shall hereafter rise, they would wholly stand to the determination of the judge, agreed upon in Egra, with one consent. In this manner did the Ambassadors make answer unto the Bohemians. At the last, after much communication had to and fro, a concord and unity was concluded and confirmed by setting to their hands. The Bohemians promised to receive the peace and unity of the Church, and the declaratiō of the three Articles. This was done in the year of our Lord. 1438. About the feast of S. Martin, it was afterward agreed both by the Ambassadors of that Council, and of Boheme, that whatsoever remained, should be determined & agreed vpō: first at Ratisbona: afterward at Bruna in the Dioces of Olymutes: then at Alba in Hungary, before the Emperor Sigismūd, but the matter could not be ended in no place.

At the last the concord was confirmed by writing with their seals at Inglania, a City of Morauia, the fifth day of July in the presence of the Emperor.

Certain petitions, which the Bohemians put up last of all in the sacred Council of Basel. An. 1438. in the month of Nouemb.

VNto the most reverend fathers in Christ, and our most gracious Lord's. We the Ambassadors of the kingdom of Boheme, do most humbly and heartily require you that for the perpetual preservation of the peace & concord, and for the firm preservation of all things contained in the composition, you will vouchsafe of your clemency, to give and grant unto us all and singular our requests, here under written, with effectual execution of the same.

First and above all things, we desire and require you, for the extirpation of diverse dissensions and controversies, which will undoubtedly follow amongst our people upon y e diversity of the communion, & for the abolishing of infinite evils, which we are not able to express as we have conceived them, that you will gently vouchsafe of your goodness & liberality, to give, grant & command, unto our kingdom of Boheme, & Marquesdome of Morauia, one uniform order of the communion unto all mē, under both kinds: that is to say, unto y e Archb. of Prague, the Bishop of Luthonus, Olimutz, & other prelates of the kingdom and Marquesdome, having charge of souls, & to their vicares, & also to their flocks & subjects, & that according to those things which are contained in y e Bull of the Ambassadors, & in the cōpositions made in the name of the whole Council, written in the chap. Pro firmitate, where it is thus said, and all other things shall be done, which shall be meet and necessary for the preservation of the peace and unity. For this done by your benefit, the whole kingdom shall be comforted above measure, and established in brotherly love: whereby an uniform subjection and obedience shall be perpetually attributed unto the holy Church.

Item, we require and desire (as before) that for the avoiding of all false suspicion and doubtfulness of many, which suppose that the sacred Council hath granted the said Communion under both kinds unto us but for a time, as neither profitable nor wholesome, but as the libel of divorcement: that you will vouchsafe, according to this chapter alleged in the compositions: First they said, that it was not the intent of the sacred Council, &c. wholesomely and speedily to provide for our safety and your grant in this behalf, and with the Bulls of your letters, to confirm that chapter together with the other, pertaining to the office of your Ambassadors.

Item, we beseech you (as afore) that for the confirmation of obedience, and for the discipline of all the Clergy, and for the small defense and observation of all things determined and agreed upon, and for y e good order in spiritualties, ye will vouchsafe effectually to provide for us a good & lawful pastor, Archbishops and Bishops, which shall seem unto us most meet and acceptable for our kingdom, to execute those offices and duties.

Item, we require you (as aforesaid) that your fatherly reuerēces will vouchsafe, for y