^, 
 
 L*J--
 
 K. OGDEN 
 
 (^, // (j)iL (Da^^tT^'"^^ 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 Il 
 
 i^y^
 
 THE 
 
 HISTO 
 
 v: 
 
 Council of Constance. 
 
 By JAMES LENFANT 
 
 Tranflated from the New EDITION, Printed at -^m^ re rd^m, 
 which the AU £ kiQ jk not only Revis'd and Corrected, but con- 
 liderably Augmented. 
 
 Illuftrated with feveral Curious Coffer Plates. 
 
 f u L*o He 
 
 .■-->«,./: "-<«4 
 
 L O M..-,^ O M 
 
 Printed for A. Bettesworth, C. Rivington, J. Batley, T.Cox, 
 
 i J. Clarke, R. Hett, T. Astley, S. Austen, J. Gray, and 
 
 L. Gilliver. M.dcc.xxx. ' ~
 
 ^•^ 
 
 > *" 

 
 
 HISTORY 
 
 b F T H E 
 
 Council of CONSTANCE. 
 
 B O O K V. 
 
 The Co N T E N T s. 
 
 . Recapitulation of pafl Tranfatlions in the Council. II. The Begin' 
 ning of the Year i^ij with a general Congregation. Ill, Letter to 
 the Council from l^ambert de Stoc. IV. Sermon upon the Refor- 
 mation of the Church. V. J Sermon by Geribn. VI. The Em- 
 peror s Return to Conftance. VII. SigifmondV Apology. VIII. A 
 facred Comedy. IX. GerfonV Sermons on the Affair of John Petit 
 and the Reformation. X. Gerlbn's Trail upon Ecclefiaflical Power. 
 XI. r/^^ Twenty Seventh SESSION. %ll. A Chapter 
 of the Benediains. XIII. The Twenty Eighth SESSION. 
 XIV. A Cent r over fy between the French and English. XV. A 
 Letter from the Ambaffadors of the Council in Arragon. XVI. The 
 Twenty Ninth SESSION. XVII. Arrival of the Depu- 
 ties of the Council from Arragon. XVIII. The Thirtieth 
 SESSION. XIX. The Controverfy bettvcen the French and 
 Englilh. XX. TZ-'^ Thirty First SESSION. XXI. The 
 Marriage of the King of Poland. XXII. Tlie Affairs of Bohemia. 
 XXIII. V^Qnczii^ns retires from Prague, and returns again. XXIV. 
 The Sermon of a HufTite. XXV. Sotne of the Bohemian Nobility 
 embrace Huffitifm. XXVI. The Thirty Second SESSION. 
 XXV II. The Audience granted to the Caftillians. XXVIII. T7je 
 Vol. II. A ObjeSlms 
 
 1965244
 
 The C O N TENT S. 
 
 ObjeElions of the Caftillians. XXIX. Se'ueral JffairSy Civil and 
 Political J regulated l^y the Emperor. XXX. the Alargrave of Mif- 
 nia retires in Difgufi. XXXI. Frederick Burgrave «/ Nuremberg 
 becomes EleElor of Brandenbourg. XXXII. The Duke de Lignitz 
 via)riei the EleBor of Brandenbourg'; Dctightii\ XXXIII. Shurt 
 Hiftory of the Ele^or of Brandenbourg"s Life fmce his jjciejfon to 
 the EleSf orate. XXXlV. y^n Affrmhly of the Commifjioneys for pro- 
 ceeding againfl Benedift XIII. XXXV. Another Jfj'cmhly upon the 
 fame Affair. XXXVI. Continuation of the Proceedings againft Be- 
 nedift. XXXVII. A Sermon by a DoHor of Prague upon the Re- 
 formation of the Church, and the EleElion of a Pope. XXXVII J. The 
 Thirty Third SESSION- XXXIX. The Citation of Bz- 
 nedid. XL. An Affsmbly of Cardinals touching the Election of a 
 Pope. XLI. A Sermon by the Cardinal of Cambray on the farr,e. 
 Subjea. XLII. The Thirty Fourth SESSION. XLIII. 
 Controverfy about the Reformation of the Churchy and the ElcBion of a 
 Pope. XLIV. The Emperor folicits the Preformation of the Church 
 before the EleSiion of a Pope. XLV. The Thirty Fifth 
 SESSION. yAJW I The Count dWxmzspzc. '^VN II. A Ser- 
 mon by a Do£for of Prague concerning the Reformation. XLVIII. 
 The Eleflion of a Pope is folicited before the Reformation. XLIX. 
 Publick Devotions for obtaining a happy Ele&ion. L. The Se^ of 
 the Flagellants. LI. Their Doctrines. Lll. Vincent Ferrier de- 
 fends the E'lagellants. LIII. He is foliJted to come to the Council. 
 UiY. Gerfon'j Tracl againft the E^lagellancs. LV. The Council does 
 not pafs Judgment on the Flageilanrs. LVI. The Thiriy Sixth 
 SESSION. LVII. The Thirty Seventh SESSION. 
 LVIII. The Thirty Eighth SESSION. LIX. Negocia- 
 tions for the Reformation of the Church, and the EleSlion of a Pope. 
 LX. Sermon upon the Reformation. LXI. Another on the fame Sub- 
 jea. LXI I. A Sermon by the Bif:op of Toulon. LXIII. A Dif- 
 courfe of the Cardinal of Cambray to haft en the EleHion of a Pope, 
 LXIV. A Letter from the King of England to his Ambaffadors at 
 the Council. LXV. The Affairs of Bohemia. LXVI. GerfonV 
 Traa for the Communion in both Kinds. LXVII. The Emperor^s 
 Letter to Bohemia. LXVIII. ^tarrcl betwi>.t the Dukes of Ba- 
 varia. LXIX. A Place chofe for the Conclave. LXX. Confulta- 
 Hon of Divines upon that Affair. LXXI. Death of the Bifjjop of 
 Salisbury ; and prefjing Injiances made fcr the Ele&ion of a Pope.. 
 LXXil. The Emperor is angry ivith the Memofial of the Cardi- 
 nals. LXXIII. The Cardinals infjl on the Election of a Pope. 
 LXXIV. Memorial of the Germans to haflen the Reformation. 
 LXXV. The Germans detach thsmfehcs from the Emperor. 
 
 LXXVL A
 
 The CONTENTS. 
 
 XLXVI. A Sermon upon the Reformation, LXXVII. Death •f 
 the Cardinal of Florence. LXXVIII. Tloe Thirty Ninth 
 SESSION. LXXIX. ne Confefion of Faith made by Boni- 
 face VIII. LXXX. A DigreJJion upon the ConfeJJion of Faith by 
 the Popes. LXXXI. Henry of Bavaria attacks and wounds his 
 Coufin Lewis. LXXXII. Difputes about tht EkEiion of a Pope. 
 LXXXIII. Arrival of the Bifhop of Winchefter. LXXXIV. 
 Whether the Cardinals ought to have a Hand in the Ele&ion of a 
 Pope. LXXXV. rhe Fortieth SESSION. LXXXVL 
 The Annates. LXXXVII. the Conclave. LXXXVIII. T^he 
 Forty First SESSION. LXXXIX. The Ektlors enter 
 the Conclave for the Choice of a Pope. XC. Difputes in the Con- 
 clave. XCI. Otho de Coloiyia chofe Pope^ and his CharaSier. 
 
 ^^k. 
 
 A 4 
 
 THE
 
 J.Pinf J^4i/p. 
 
 The HISTORY of the 
 
 Council of Constance! 
 
 BOOK V. 
 
 
 H E Council of Confiance has hitherto appear'd in 141 7I 
 feveral Shapes. 'John XXIII. prefided in it till his L/'>^>J 
 Efcape, that is to fay, for the Space of about five Recapitula- 
 Months. He was no fooner gone, but proper Re- ^as^beeiThf- 
 gulations were made to eftabhfh the Authority oftherto tranf- 
 Councils in general, and of this in particular above afted in the 
 that of the Popes. Purfuant to thefe Rules, which Council. 
 
 were approv'd by the four Nations firft, and afterwards by the Spa,' 
 nicirds and by Martin V. himfelf, John XXIII. was depos'd as a 
 Schilrnatick and an^ obftinate Deferter. This was foon follow'd by 
 the Abdication of Gregory XII. After which, the See was deem'd 
 vacant, notvvithftanding the Pretentions of ^f»f^;'i^, becaufe by his 
 obftinate Refulal to refign, the Decree of the Council of Pifa remain'd 
 
 in-
 
 6 The Hi/lory of the Council <?/ Co n s T a n c e. 
 
 1417 iti Force as to him. The Emperor, after having been a Witnefs of the 
 W~V~Nrf Union of the two Obediences ofGregory XII. and Jobn XXIII. went to 
 Spain, in order to take Meafures ior the entire Suppreflion of the Schifm. 
 While he labour'd there for the Union of the Church, the Fathers of 
 the Council, on their Part, did what thev thought neceliary for its 
 Reformation. They burnr yoLni Hus fii-ii, and then JeroKc oi' Prcgue-^ 
 they condemn'd the Communion in both Kinds ; they cited the Bohe- 
 'liiianSj they difcufs'd fomc very important Points of Faicli and Mo- 
 raUty, tho' without determining them j and the Deputies had fre- 
 quent AlTemblies to draw up the Canons of Reformation. Theie 
 were very near all the Tranfiftions of the three rirft Years. But 
 this Year the Council appears with a new F"ace : 'Tis remarkable 
 for feveral great Events, particularly the Return of the Emperor, 
 the entire Reconciliation of all Benediris Obedience which was begun 
 the Year before, the depofing of that Pope, and laftly, the Eleftion 
 o'l Martin V. which renders the Authority of the Council incontro- 
 vertible. 
 The Begin- \\, The Year began with a folemn Proceffion for the Emperor's hap- 
 •i^ng of the py Retyj-p. As he was cxpefled every Day, great Part of the Month 
 "OTciafcon °^" 7^^''''^'''J' ^^^ taken up, as it were, in Preparations for his Recep- 
 frregatioii. tion. For, during this Month, we find neither in the At\s nor in 
 the Hiilorians more than one general Congregation. It was held up- 
 fan. 4. on the ^th of January, when they were acquainted of two Incidents 
 that were very favourable to the IJnion One was, that, at the Sol- 
 licitation of the Kin^ of Anagon^ the King of Caflille had renounc'd 
 Peter de Luna, publilh'd Writs dfCwyor^/WK to the Council through- 
 out his Kingdorn, and fent a folemn EmbalTy to Cnnftance. I'he 
 other, that the fime Thing was done in the Kingdom of Scotland. In 
 this Congregation, Letters were read from the Duke of Albany, 
 .Viceroy of Scotland, for King James, who was at that Time a Pri- 
 Jbner, either in England or in Scotland, upon his Parole. This Vice- 
 roy "promis'd ' to lend Ambaffadors tb the Council, which, as yet, he 
 ■ , only call'd a Congregation, with fr.ll Po^vcrs to tranlact every Thing 
 ^j)$-/if.%3r.tMt ftiould be conducive to the Unian (■^). 
 
 T.iy,:p'.To^d. ''III. 'Here we 'may place a Letter from, one of the Deputies of 
 
 Letter from thc Gf^TJ?.'?^ Nat'on in Spain to the Archbishop 6i' Riga (i), in which 
 
 slIk'to'xL: there are Ibme Particulars concerning Peter de Luna. i. The anony- 
 
 Council. mcus Author of it tells how they went to Penifcola to wait on Peter 
 
 de Luna, without any Guard, without that Pope's Sale-Conduct, and 
 
 upon the King's bare Word, with three Apoftolical Notaries, whom 
 
 they took with them from Cottjlance-, a Notary of the King, of Jrra- 
 
 (iVHe was a German, call'd Umhertus de Stipi/e, or Lxmbert de St«y<, a H'lti- 
 
 4 go^y
 
 c 
 
 c 
 
 The Hi/hry of the Council <7/"Constance. 
 
 gon^ two Gentlemen, F.fquires, and other Per(bns of Honour, to be 
 Wirn-iles. ' A certain Doftor, fays he, nam'd Simon de Sauveur, 
 
 * mec us on purpole to eni5ai!;e us to defer our Fntry till next Day, 
 ' becjule his Mailer was willing to receive us after a more honoura- 
 
 * ble Manner, wJiich we refus'd. Thole Devils, fays he, think to 
 be great Gainers if they can put off the Att'air of the Union but 
 
 ' tor one Hour. At our Kntrance into the Town, we met with a 
 ' Nephew of Peter de Luna, with a Guard of about two hundred 
 ' Soldiers, very well arm'd. They receiv'd us, in all Appearance, 
 
 * with a very gay Countenance. What an Honour was it to us 
 ' to Jee this Peter de Luna lb alarm'd, as to make fuch an Armament 
 
 for the fake of a Couple of naked Fryars (i), which he did, no 
 
 * doubt, to make a Difplay of his Power and Grandeur!' ^. He 
 fays, that next Day they had A\.vl\incQO^ Peter d: Luna, who liad 
 with him his three Cardinals, befides Biiliops and others of the 
 Clergy, and about three hundred Laymen. ' Then having made a 
 
 * profound Obeifance, without bending the Knee, afcer the man- 
 
 * ner of Monks, 1 began to read loudly and diftlnitiy the whole A^t 
 ' of the Citation, and I aftualiy ciced him Word for Word, as it is 
 
 * written in the Bull of the Council. The Man was impatient be- 
 
 * vend L^xprcilion when I call'd him Schifmatick and Heretick, fiying 
 
 * one wliile, .7l;/.f is not true, and fonietimes, Jhey lye.^ The Author 
 of tiie Letter lays, that the Englif Deputy (;) would fain haveaifo 
 read the Ai\. of Citation, but that the Pope had enough of the for- 
 mer Reading, becaufe it was of the lame Tenor ^ and that after- 
 wards the Ei-.glifloir.an iiimmon'd BenediB in Latin, as he had done, but 
 that becaule there were many of the Laity prelent who did not underftand 
 Latid, he alio ciced him in the Language of the Country. 3. Peter 
 de Luna anlwer'd, both in French and Latin, that the Matter being 
 of great Importance, he was not yet capable of giving a final Anfwer, 
 but would conilderof it with his Cardinals. After this Declaration he 
 liiid, that he had four Things to urge in his Juftihcation ^ but he only ■ 
 produc d three, becaufe he was io much difturb'd in his Mind, that 
 lie left the fourth in his Budget (:j). ' This Man is vile from 
 ( Head to Foot (tot us mahis efl). He began his Speech with the Story 
 c of a certain Abbat, mention'd in the Lives of the Feathers, whom 
 
 (l) They vere wo'&eneAiBln Fryars, ' & ibidem citavertint Beelzebitbm.r^tiumD!- 
 
 as appears by thife Wordi of this Letter : ' aholum, ut vejiiat ad judicium.' Marten. 
 
 ' Pray attend a pleafuiit Story, how two Anecd. T. II. p. 1673. 
 
 * black Monks, v;hich is the Devil's Co ■ (2^ He was call'd Bernard de hi 
 ' luur, cntei'd the Gates of Hell, and PLimhe. 
 
 ' there fuT^mon'd Beelv.ebub, the great (5) Et non dixit nitl tria, quia adco fe 
 
 * Divil, to come to Jridgmenc. Sov.t comiv.ovi: in locjuendo quod quartam di- 
 ^ jucofi cer.fideret'u^ ^ilomotii) duo Minachi n-ilitin Capla f foil/.u Capp;'). JW.ir/. /WfM. 
 
 * tii^ri colore diAbcli iritmvtrHiitiji L-ifcrnum J vb' fnp. p i6'i 
 
 * his
 
 S • The H'ljlory of the Council of Constance." 
 
 14 1 7. * his Difciples could not put in a Paffion but by calling him HerC' 
 L/S'^NJ * tick. He apply'd this Story to himfelf.' After this Exordium, 
 his firft Propolition was, That the Council of Conftance was void. The 
 lecond, That he^ Beneditl, had not hindc/d the Union. The third, That 
 he was neither a Scbifmatick nor a Heretick. He pretended to prove 
 the firft Prcpofition by this Argument, viz. That there were no true 
 Prelates at Conftance ; Either they are, laid he, of my Obedience, or 
 they are of that of Rome. If they are of my Obedience, they are exconi' 
 mnnicated according to the Maxims of Conftance : j4nd the fame if they 
 are of the Obedience of Rome, becaufe they were excommunicated by 
 Gregory. As to the lecond Article, he gave a long Hiftory of his 
 Life, tracing his Character even before he had a Being : For he laid, 
 that he was defign'd for the Ecclefiaftical Order before he was born. 
 Then he proceeded in Praife of his Behaviour, declaring that he had 
 begn rais'd againft his Will to the Papal Dignity, but that fince his 
 Advancement he had always labour'd for the Union, and that he was 
 ftill in thelame Difpofition. In this Narrative he denied that he had 
 ever approv'd of the Method of Refignation before his Acceflion to 
 the Pontificate. He laid indeed, that he had iworn it in the Con- 
 clave, but that he was not oblig'd to it till other Methods had been 
 try'd ; fuch as a Courfe of Law, which he thouglit the beft. Finally, 
 he dcclar'd, that he would abfolutely abide by the Offers which he 
 had made at Perpignan, and that upon this Footing he would lend 
 Legates to Conftance. I believe, l;iys the anonymous Writer, that one 
 of them will be the Biftjop of Cuenca ( 1 ), « Fryar Minor, who was not 
 rvilling to go thither on the Part of the King o/CaftilIe,/Z'(7/ he might be ufeful 
 there, but is inclindtogo thither to do Mifchief Peter de Luna has no othef 
 Intention by fendingthe Legates, than to break off the Affair of the Union, to 
 divide the Council, or to fpin out the Affair to fuch a Length, that he may 
 remain in Pojfeffton. As to the third Point, he affirm'd that he was not 
 a Heretick, becaufe he was always ready to abide by the Deciiion of 
 the Cliurch •, and that if he is not willing to relign at Conftance, as 
 they would hav^e him, it does not follow from thence that he is a He- 
 retick, becaufe the Church is not at Conftance, but at Penilcola. This, laid 
 he, ftriking his Hand againft the Chair he fate in, This is Noah'j 
 Ark. (i), and the true Church. Thofe at Conftance fay, that I am a 
 Schifmatick and a Heretick, becaufe I will not reftgn the Church into their 
 Hands; hut there are two Words to that Bargain. IVe f,)ould have 
 had Peace ft X Months ago had it not been for them ; conjequently they are 
 
 (i) This BilTiop was very much in the another BilTiop on the Part of BfrieJiB. 
 IntCTeds ol' BsTied'H ; and it appears, by (2) Undoubtedly he meant the Ark of 
 
 the Conclufion of this Letter, that he the Covenant : But the BenediBins did 
 
 had been five Days with him at Peni/cola. not let him cfcape with this Blunder. 
 
 There is a Caution in it not to truft this 'Tii true, fays one of them, that thire 
 
 PiVlatr, who was to go to Cor fiance with txere Be.ifi in No,ah'i Ark. 
 
 chargeable
 
 The Hijiory of the Council */ C d n s t a n c e .' 9 
 
 chargeable 'with the Crime: of Schifm and Herefy. 4. After this te- 141 7« 
 dious nanfeous Difcourfe, the Author fays, that he demanded a Cer- \>'"V~Sii» 
 tificate of Benedicl's Anlwer, and efpecially of his having faid that 
 he would anfvver very ibon, becaule that was an uncertain Time. 
 But he immediately reply'd, I don't give you this for an jififiver^ Iivill 
 confider of it -with my Cardinals^ and will return you an Anf-joer in a 
 few Days •, fo that you ought to fay according to the Form of the Act of 
 Citation. Mean Time, he requir'd the Notaries not to feal up the 
 A^1:s till he had given his Anlwer. * When I infilted on demanding 
 
 * a Certificate of this uncertain Anfwer, becaufe we wanted to be 
 
 * gone, the Impoftor prefs'd us to flay there with a View to bribe 
 
 * us, that we might lay a great many good Things of him at 
 
 * Conflance. But ungodly as you are, ive ivill do nothing like it. 
 
 * This Man is more obttinate than ever, and has a Dilpolltion for 
 
 * nothing but Miichief. In order to convince him of Obftinacy, we 
 
 * fenr one of the King's Secretaries to him, becaule 'tis the Cullom of 
 
 * the Country for the King's Secretaries, or Notaries, not to leal the 
 
 * Atts till three Days after they are drawn up. This done, we are 
 
 * return'd to Tortofa^ where the King is j and when we have' waited 
 
 * three Days for the Notary, we are refolv'd, by the Help of God, 
 
 * to return to Conflance. Know, nioft Reverend Father, tiiat hither- 
 
 * to the Deputies of the Council are not all agreed. Therefore it 
 
 * was our Advice, with the King's Approbation, that all fhould not 
 
 * go to Penifcola. — In fhort, let People fay what they will, Peter de 
 
 * Luna is in the Power of the King of Arragon, tho' he is in a good 
 
 * Fortrels, and has armed Men^ but they are all ftark mad to 
 
 * think that they are ruin'd for him, and he won't have one left. 
 
 * Therefore no Time ought to be loft indepofing him, as he («) has^^-^ i,uyun 
 
 * jiiftly delerv'd.' The Tetter is dated January 22, from'Tortofa. Amd. T. If. 
 
 IV. Upon the Day of Epiphany, a Sermon was preach'd concerning p.nSi59,i675. 
 the Reformation. It was found in MS. without the Author's Name, in Sermon upon 
 the Library of Erfort. The Preacher therein gives a frightful Charafter ^^^^^ of 'the'*" 
 of the Clergy of that Time, whofe Vices he fimis up under thele general church. 
 Heads, i. In making the Revenues of the Church and Poor fubfer- 
 vient to their Vanity and Luxury. fFe out-do the Princes of this 
 JVorldj fays he, in Pride., in Defiance of the Precept and Example of 
 fefus Chrijl j we are fond to make Kings, ive march at the Head of 
 Armies, and we render our felves formidable and inacceffible, efpecially 
 to the Poor. 2. In the ill Diftribution of Benefices, by giving them 
 to the Ignorant and the Vicious. 3. In the Male-Admimflration of 
 the Sacraments, which they give, lays he, to Perfbns that are excom- 
 municated, to Fornicators, and to Ufurers, that are notorioufly fuch. 
 4. In the Negleft of the Study of the Sacred Scriptures, and of the 
 preaching of the Gofpel. This chiefly concern'd the Bifhops, who 
 
 Vol. II. B kept
 
 10 The Hiftory of the Council <?/ C o n s t a n c e> 
 
 141-. '^^P'^ Perfons under them to preach. 5. In the Injuftice of their De- 
 y^yy^ crees, moft of the Ecclefiaftical Judges making an unworthy Traffick 
 of Juftice (i). This related to the Faults of the Clergy, with re- 
 gard to the Funftions of their Offices, and to the Adminillration of 
 Things Spiritual. I will ipare the Reader the horrid Defcription 
 which is given of their Manners in particular (2). The Corruption 
 fure muft have been very horrible, when I am loth to expole in this 
 Hiftory the Things which were declar'd, without Scruple, in full 
 Council. 
 CerfinsSct- V. On the 17th Gerfofi preach'd a Sermon upon thefe Words, 
 mons, '^■ii^-'f/jereivas a Marriage in Cana of Galilee -^ in which he took Occafion 
 f 5^°' to fpeak of the two moft important Attairs that were then upon the 
 
 Carpet. The one was the Authority of the Council, and the Confir- 
 mation of the Fifth Seffion, in order for proceeding againft Bemdi^ 
 as they had done againft John XXIII. The other related to the 
 nine Propofitions of John Petit ^ the Condemnation of which had al- 
 ways been eluded by the Intrigues of the Duke of Burgundy. In 
 this Dilcourfe, Gerfon made a Repetition of the Decrees of the Fifth 
 Seffion verbatim^ touching the Superiority of the Council over the 
 Pope, and the Right which the Council had to correiil, and even 
 to depofe the Pope, if he ihew'd himfelf incorrigible. At the End 
 of the Sermon he fpoke indireftly, and in general Terms, but fuch 
 as were very ftrong, of the Connivence and Collufion of the Council 
 with the Duke of Burgundy concerning John Petit\ Propofitions, 
 
 * The Fathers of the Council, fays he, have Realbn to fear being 
 
 * accufed by the World, either of Ignorance, or of Negligence and 
 
 * indolence, or of a very criminal Refpett of Perfons. My Zeal 
 
 * for the Honour of the Church and for the Truth made m.e refolve 
 
 * to fatyrize and inveigh in this Sermon againft thole Jriereiicks and 
 Y.i.nardtT.< their Abettors;, but Moderation has reftrain'd me, and engag'd me 
 JV. p. loSi. I to put oh the Affair to another Opportunity. Nay, I hope there 
 
 * will be no Neceffity of doing it, and that the Council, which has 
 
 * made fo good a Beginning, will not only condemn the general Pro- 
 
 * pofition, as they have done, but all its Branches and Conlequences. 
 
 As Gerfon had not an Opportunity to fiiy all that he had intended 
 in this Sermon, he publifh'd a Writing at the lame Time upon that 
 Text, wherein he faid lome Things that deferve mention in this Place. 
 Alluding to his Text, he faid, that the good Wine is the Gofpel ^ and 
 
 (1) Qui dimittentes juftitiam volunt le- dcfunt. i.t. Avarice reigm^ Amhlticn lear- 
 plere burfam. tth S-way^ Pride governs^ Iniquity Jltleth on 
 
 (2) Rcgnat avaritia, ambitio imperat, high. Luxury triumphs Abomiii.ition /if- 
 dominatur fuperbia, fedet iniquitas, luxu- pears even within ihefe (Vails, — ncr are fome 
 lia principatur, ctiam inter p.iiietes ap- ftrfont innocent of the mofi fcandtihus Paf- 
 paret abominntio — nee ipfac . pad aliquos ^oni ASdt tie bafefi Affiant, 
 
 ignoroiiiis paflioncs, 8t turpitudmis opera 
 
 4 . !^0^
 
 The Htftory of the Council <?/ C d n s t a n c e^ i i 
 
 tho' he does not defpife the Decretals, nor the Conftitutions of the 1417.' 
 Provincial Synods, yet he takes it very ill that they are prefcrr'd to 
 the Word of God. Among thofe People who are called the Religious^ by 
 way of Eminence, you will fee, laid he, the Tranfgreffion of certain Con- 
 flitutionSj which are fometirnes very frivolous, punifFd with much more 
 Severity than the Tranfgrefjion of the Law of God himfelf^ as Murder 
 and Perjury. This is a very fharp Inveftive againil the Begging 
 Fryars, who, with Tooth and Nail, defended John Petit\ Propofi- 
 tions. Afterwards, Ipeaking of the Pope, he iays, that he muft be 
 treated with the utmofi p^eneration, that his Faults ought to be conceaPd 
 as much as poffible, without Prejudice to the Welfare of the Church, 
 and that he ought to be admonifh'd with RefpeSl; but that if he is 
 incorrigible, and continues to be a Fornicator, an Adulterer, a Si'moniacal 
 Perfon, or Sacrilegious, the Church is obligd to gi-ve him a Bill of Di- 
 vorce. This Difcourie was a good Step towards the depofing, of ^?- 
 nediEl. Gerfon Ipeaks alio in the fame Treatile of the Advantages and 
 Inconveniencies of Poverty and Wealth in the Clergy ; but, without 
 deciding for or againft either fide of the Queffcion, he exhorts both 
 the one and the other to behave well in whatlbever State they are. 
 This PafTage is very artfully calculated to prepare the Way for the 
 Reformation of the Mendicant Fryars and the Beneficed Clergy. 
 
 Finally, he concludes his Dilcourfe with very preffing Reflec- 
 tions upon the Affair of John Petit, which he had more at Heart 
 than all others. He faid for Inftance, that if the Council continues 
 to delay and diflemble in this Affair, the Emperor and the King of 
 France, who have ib earneftly demanded the Condemnation of JcJm 
 Petit's Errors, will not fail to iay that the Errors of John Hus and 
 Jerome of Prague were condemn'd becaule they were contrary to the 
 Interefts of the Clergy, but that the Errors of John Petit are Ipar'd 
 becaufe they only alfeft Princes. 
 
 Besides this Treatile, which was only an Appendix to Gcrfou's 
 Sermon, he exhibited another, wherein he gives a long Catalogue ol the 
 Errors, which, he fays, had been advanc'd in the Council againfl: the 
 Command, Thoujhult not kill, and in other Matters. I ihall not re- 
 late them all here, becaule as many of them were only aim'd at the 
 Defence and Support of John Petifs abominable Principle, they arc 
 already fufficiently known. Neverthelefs, fome there are which tire 
 ftill more feditious, becaule it muft be own'd, thut John Petit confin'd 
 himfelfin the Application which he made of his Principle, to the Duke 
 oi' Orleans; whereas moft of the Maxims, which Gerfon finds Faulc 
 with here, had a much more extenfive Meaning, and pav'd the Way 
 for all manner of Rebellions and Maffacres. As it can't be fufficiently 
 admir'd how a Council affembled for reforming the Church could 
 fuffcr them to be advanc'd with Impunity, 'tis proper to lee what 
 
 B z could
 
 (f J The Hijiory of the Council 0/ C o n s t a n c eJ 
 
 -1417. could be the Pretence for fo pernicious a Licence. Gfr/o« tells us, 
 \^^>/-^^ * That there were ftveral Doctors who maintain'd that Morality did 
 
 * not appertain to Faith ; that the Comniiffioners appointed for Mat- 
 
 * ters of Faith could only condemn fuch Errors as were formally con- 
 
 * trary to the Articles of the Creed ^ and that a Herefy could not 
 
 * be condemn'd without alio citing and condemning thofe who niain- 
 
 * tain'd it.' This was Chicanery of a twofold View, becaufe it tended 
 at the lame Time to elude the Commandments of the Decalogue, and 
 the Condemnation of the Propofitions of John Petit^ who had been 
 dead a long Time. ' That the Condemnation of a Herefy does 
 
 * not appertain at all to the Bifhops, but only to the Apoftolical 
 ' See.' Gsrfon has cUewhere ftrenuoufly defended the F.pilcopal Pre- 
 rogatives in this Matter. * That no Propofition ought to be con- 
 
 * demn'd which is capable of a true Senfe by the help of Grammar and 
 *" Logick.' There are few Errors which may not be lalv'd according to 
 this Maxim. ' That a Propofition which has two Senles, one true and 
 
 * the other falfe, ought not to be condemn'd, even tho' it were fcandalous. 
 
 * That a Propofition ought not to be condemn'd, when 'tis probable, and 
 
 * that it is a probable Propofition, when there are Doftors who ftand up 
 
 * for and againft it.' That's a Propofition of a very ancient Date for 
 the Doftrine of Probability. At the fame Time, 'tis necelfary to re- 
 port another of Gerfons Trails upon the Errors of People with Re- 
 gard to the Command, Thou floalt not kill. He gives a long Catalogue 
 of (i) thofe Errors, which he pretends have been advanc'd in tho 
 Council it felf. Some ofthefe have been juft now mention'd^ fo thae 
 we fhall only take Notice of the Principal in this Traft. Gerfon 
 
 ia) Evodus quotes this PafTage out of Exodus againft Petit («). But if a Man 
 ^*'' ■'■*' eome prefiimptuoujly upon his Neighbour to flay him ivith Guile, thou 
 Jhalt take him from, mine Altar that he may dye . But Petit % Advo- 
 cates pretended, that it was Herefy to quote the Political Precepts of the 
 old Law, under the Gofpel. I have heard it faid indeed, that as the 
 Political Laws were accommodated to the Times, People were not 
 oblig'd to conform to them at ail Times and Places \ but it cannot be 
 iaid without Abfurdity, and even without fome fort of Impiety, that 'tis 
 Herefy to quote them. The following Propofition QiWickliff had been 
 condemn'd in the Council. SubjeBs may correB their Superiors at their 
 Pleafure \ and the Temporal Lords may deprive the Clergy of their Efiates 
 'when thofe Clergy live in a Habit of Sin. Gerfon had pretended, that 
 
 ' (i) Enumerabimus nonnullos eorum T.troTs fproutittg from this fmiiU Root ef 
 
 lamos ab'.hac una mortis radiceprodeuntes, Stath, adding fome others which have a 
 
 jungendo quofdam alios in gremio Con- plact in the very Bofom of this Council ef 
 
 ftantienfis hujus Concilii pofitos, vel in Coiiilaiice, either in direS Terms, or in the 
 
 propria forma, vel in audientium intelli- Vnderfianding tf the hearers, or ly nccejfarf 
 
 gentia vel in confcquentia neceffaria. i. e. Opfe^tsenst, Gcrf.T. II. p. 380. 
 are mill tnimtratt /»«« BTAncitt of tlbffe 
 
 becaule
 
 The Hlftory of the Council <?/" C o n s t a n c e. 13 
 
 becaule this Propofition of JVickliff vi^s condemned, there was much 1417. 
 more Rcafon for condemning John Petals Propofition, which goes 
 much farther. But the Doctors of the Burgundian Party had affirm 'd 
 that the Propofition afcrib'd to Wickliff was condemn'd improperly,. 
 There was an extraordinary Clamour concerning what John Petit 
 had advanc'd in his Apology for the Duke of Burgundy^ that whcrj 
 a Man has fvvorn, he is not oblig'd to keep his Oath, if it be preju- 
 dicial to him, or his Wife, or his Children. In this Place, the Duke 
 of Burgundy's Advocates maintain, That after a Man has taken an Oath^ 
 he is only obliged to mind -what he had a&ual/y in "jieiv when he [wore \ 
 and that one ivho pwears Friendfiip to another , is excu fable for not keep- 
 ing his Oath if all he had in view was to binder the Perfon whom he in- 
 tended to murder from fufpeEling him. This Dollrine is abominable 
 and monftrous \ as is alio this, T'hat Murder is cxcufable and jujl when 
 committed by a Man from a good Intention^ out of Zeal for the Law of 
 Godand for his Prince. There are a great many Propofitions upon the 
 lame Snbjed, and of the lame Force, which may be deem'd as Apo- 
 logies made beforehand for Clements ^nd Ravaillacs ^ but I do not re- 
 port them, becaufe 'tis natural to imagine that Perfons who have had 
 the Boldnefs to advance fuch deteftable Principles, would not ft ck ac 
 Imall Matters. Gerfon here lets down the Propofitions \ but as they 
 relate to the Authority of the Pope and the Council, 'tis better to- 
 poftpone them to Ibme other Opportunity, and to return with the 
 Emperor to the Council. 
 
 VI. He had been abfent above a Year and hall^ for he fet out The Em- "i 
 tlie 20th of June, 141 5, and did not return till the 27th of 7'^»a^;;>', poor's Re- 
 141 7. From France he went to England, where he Ipent three Months ^""^ '^° ^'"^' 
 to no purpole in negociating a Peace betwixt the two Kin^s. Hiflo-''''«'^*^ „ 
 rians agree unanimoui]y in the Milcarriage of this Negociation-, but 
 they dilfer as to the Realbns of it, fome afcribing it to the EnglifJ), 
 others to the French. Jwjenal desUrftns (a) a.nd Enguerrand de Mon-(a) yuv. p. 
 Jlrelet (/>), who were Writers of that Time, lay the Blame of it up- 424. 
 on the French :, but efpeciaity on the Count d'Armagnac Conftable of^) Mo»Jlrel. 
 France, who was then the moft powerful Man in that Kingdom. l^I- p-^Ji- 
 fancy one may fafely lay both were in Fault (1). Neverthelefs (i')(<r) ivindeck^ 
 Windeck, the Emperor's Privy-CounfcUor, who was prelent during the.cap. 84. 
 whole Affair, lays it at the Door of France. He lays too what however 
 does not leemvery probable, that before the Battle o'i Azincourt, the. 
 Aifairs of the King of England were in fuch a bad Situation, that he 
 fent a Charte Blanche (Literas vacuus) into France to conclude a Peace 
 upon any Terms i but that the King o^ France finging Triumph before . 
 the Victory, he was refolv'd by all means to give Battle.. 
 
 (i) This was the Opinion of M. it Lamy, inhii Hiftory oi England, znd Reign of 
 SenryY. p. 825. 
 
 4 VII. Father,
 
 44 The Hifiory of the Council of C o n s t a n c e^ 
 
 141 7. VII. Father. Maimbourg, in his Hiftory of the Grand Schiim 
 
 <_/'V'Nj in the Weft, and after him Father Daniel, in his new Hiftory of 
 Apology for France, have Ihrewdly fulpe£led Sigifraond''^ Sincerity in this Negocia- 
 sigifmoiid. tjQn 'Xis true, that in the IXth Tome of the Publick Ads of 
 England, (Rymer'% Fadera) we find a League and Confederacy 
 betwixt Sigifmond and Henry V. fign'd by the two Kings the 
 15 th of Aiigiifl, 1416, at Canterbury. M. de Rapin 'thoyras, in his 
 excellent Hiftory of England, gives this Account of it. Sigifmond, 
 (fays he) on bis Arrival at Canterbury, ftgn^d a 'Treaty of perpetual Al- 
 liance with Henry, and at the fame Time a League againfl France, 
 ivherein he promts d to ajjift the King to"j}aids bis Recovery of the King' 
 {a) Hiftory dom o/France (a). And what is yet more authentick is, that it 
 of EnerhKd, appears from the Afts of the Parliament of P«m, oi March 17, 1417, 
 -.III.p4(Jo.j.gpgj.,-gj ji^ j-]jg Hiftory of the Univerfity of Paris, that the King of 
 France complain'd of this League, as a notorious Breach of Faith. 
 
 * Although, moreover, the late King paid leveral great Honours and 
 ' Courtefies to the faid King of the Romans, as to his near Kinfrnan, 
 
 * Ally and Friend, and that the iaid King of the Romans tcrm'd the 
 
 * laid King as fuch, fliying more than once to leveral Perlbns of Di- 
 
 * ftin£lion, Lords of Quality, and others, that he would make a 
 
 * Peace between the King and his Adverfaries of England, without 
 ' Coft or Damage to the King } yet the laid King of the Romans, as 
 
 * foon as he let out from the Court of France, after the Honours and 
 
 * Courtefies paid him, as abovelaid, pretending that he was going in- 
 
 * to England to treat of the Peace, did afterwards, contrary to his 
 
 * Oath, Fidelity and Alliances aforelaid, and without regard to the 
 
 * Law of Nature, the Lineage and Death of his Grandfather afore- 
 
 * faid (i), tranfport himfelf to £«^/^«<^/, where, as a Demonftration of 
 
 * his Treachery and ill Will, which he had conceiv'd againft the King, 
 
 * he made an Alliance and Uunion with the laid Adverfary oiEfigland; 
 *■ and for his lake, without any Caufe whatfoever, defy'd, and in his 
 
 (I) Hiftory c f^f^me caus'd the King to be defy'd, who never did him Harm {by 
 ot the Uni-^^ Thefe Complaints of the King of France will appear to have the better 
 w/,''T'.°V. p. Foundation, if we do but con fide r a czrt'im Ad,v:\i\zh. Dcnys Godfrey., 
 116, 317. Counfellor and Hiftoriographer to the King, has inferted in his Notes 
 upon the Hiftory of Charles VI. by John Juvenal des Urfins. 'Tis 
 a Treaty of Alliance between Charles VI. and Sigifmond:, with a Con- 
 firmation of all the preceding Alliances made by the Emperor, Charles 
 IV. by TVenceflaus, at that Time King of the Romans and Bohemia, 
 and by John Duke of Juliers, with Charles V. King 0^ France. This 
 
 (i) This was yohn Kinj; of Behemia, ofCreJfy, where he was kfll'd in I34(J. 
 who, tho' ftark blind, was refolv'd to fig- See Daniel'^ hrflory of France, T. III. 
 nalizc himfelf in favour of Philip de r,ilois 0^4-0, tnd Mr.Kapin s Hifory of Englmd, 
 againft Ed'ward III. at the fair.oui Battle T.III. p. ipj. 
 
 Alliance
 
 The Hi/lory of the Council (?/ Constance. 15 
 
 Alliance is drawn up in the ftrongefl: Terms anil the moft authentick 1417. 
 Form} and what is remarkable in it is, thzt J ohnYiukQ of Burgundy ^{ysf^sj 
 with whom Sigifmond treated, is exprefsly excepted out of it. Jc 
 etiam contra Joannem nominatum Ducem Burgundi^^ ejufque coadjutores 
 £3' adbisrentes prcefenta ^ futures quern (^ quos in prtsfentibus^ unione^ 
 confederatione ^ colUgatione, ac etiam in prtemijjis renovationcy 6? confir- 
 rnatione^ exchfum, Q exclufos effe, 6? pro exclufo, (^ exclufis penitus ha- 
 beri 'volumus (/;). This A£t is dated at Paris, the 25 th of June, i4i4,(^) Notes 
 and is attefted by the King of Fr^w?, and confirmed with his Seal onuponthelll- 
 
 the 17th 141 7j that is to fliy, near four Years after the firft^ory "f^ 
 
 Date, unlefs both are miftaken. There mull needs be a Millake in ^^"f" ^ ^' 
 the firft, which dates the Treaty on the 25th oijime, 1414, becaufe^' 
 then Sigifmond was ftil! at Conflance, and did not fet out from thence 
 till fune in the Year following. All the reft of the Year he Ipent in 
 Spain, as appears by the Dates of the Letters which Sigifmond wrote 
 to the Council. This Prince could not return to France till the Begin- 
 ning of 14 1 6. This is plain from one of his Letters to the Elector 
 Palatine, dated v^t Lyons the aid of January that Year, wherein he 
 acquaints the Elector that the King of Arragon had renounced BencdiSv 
 XIIL He did not arrive at Paris till towards Jpril the fame Year, 
 as may be fiippoied by tlie Letter from the Deputies of Cologn, da- 
 ted the laft Day of April -^ wherein they acquaint the Univerlicy, that 
 the Yim^ oithz Romans had wrote Word to the Archbiihop of Strigo- 
 Tiia that he had been at Paris, and was going forthwith to Calais, 
 whither the King of England was to repair by the 21ft of May, to 
 treat of a Peace, or a long Truce, between the two Kingdoms, and , 
 to negoc-ate the Mni-ria.^c of Catherine of France, Daughter to Charles 
 VI. with Henry V. l>). 'Tis therefore evident, that the Treaty with (^^ Maness. 
 France could only be ilgn'd in 1416, and not in 14 14. Att'cd't. T. 
 
 Be it as it will, the French Hiftorians having, upon this Occafion,!!. ^.\66, ■ 
 ipoke very much to the Diladvantage of Sigifmond, one may, without 
 departing from the Laws of Hiftory, be allow'd to make Ibme Hillo- 
 rical Reflections in his Vindication, if we do notabfolutely juftify him, 
 Firft, let us hear the Charge brought againft him by Father Maim- 
 bourg. ' He efpous a the Intereft of the Yim^ of England, and made 
 
 * a piiblick ' e:igue with him againft Fr««C(?, whicli really was a very 
 
 * bad Step towards procuring the Peace of the Church, as he pretend- 
 
 * ed was his View, by that fine Voyage, which has made fuch a 
 ' Nolle in Hiftory ; the (ble End of which, after his Mifcarriage on 
 ' the fide of Spain, in reducing Peter de Luna, was the making of a 
 
 * League with the Englifj againft a Monarch who acted with the 
 
 * grcateft Zeal and Fervency to put an End to the Schilhj. This is a 
 
 * Fa£1: uhich Hiftorians did not know, becaule they have not in for m'd 
 
 * the World of it, and perhaps they will be oblig'd to me for having 
 
 ' "" f diicover'd
 
 i5 The H'ljlory of the Council (J/ConstanceT 
 
 141 7. ' difcover'J it, in order to undeceive thole who being mifinforir/d, 
 's^'-V""^ * even to this Day, iiippole Sigifmond for the grand Peace-maker of 
 *■ the Church^ Father Daniel explains himlelf upon this Matter 
 with more Moderation and Juftice. What he lays amounts to thefe 
 two Things. I. That Sigifmond^ at his Return from England^ was 
 fnlpecled by the King of France to be more in the Intcrefls of the 
 King 0/" England than in his. 2. That the Alotive he alledg'd for his 
 making a League with the King of England^ was, that the Kings of 
 {a\ Father France unjuflly with-held certain Lands ivhich belonged to the Empire (a'). 
 rBamel's^ Hi- 'jjig Acculation therefore againft Sigifmond turns upon tliele three Heads. 
 pyanceT III '• That Sigifmond, by making an Alliance with the King of England, 
 p. S83'. was guilty of a Breach of Faith with the King of France. 7. That 
 
 he had other Views in his Travels than the Union of the Church, 
 and that his Journey to Spain was unfuccelsful. :;. That 'tis a Miftake 
 to reckon Sigifmond the grand Peace-maker of the Church. As to the 
 firft, it" Sigifmond was guilty of any Breach of F'aith, in changing 
 Sides, 'tis certain the King of France was the Cauie of it. Charles 
 VI. had accepted his Mediation. It was with this View that Sigif- 
 mond let out, and even not without being Hilpe^led by the Englifi, 
 becaule juji as he was going to put to Shore, he met with the Duke of 
 Gloucefter, and fo?ne other Noblemen, who, with Swords drawn, leaped 
 into the Water and ftopfd his Vefj'el. Sigiimond, furprizd at fuch a 
 Reception, demanded the Reafon of it. To which the Duke anfwer'd^ 
 That if he came to England, as claiming any Right to it, they had Orders 
 to hinder his landing > but that if he only came as a Mediator of Peace, 
 
 (5) KafirTi he was welcome (1^). It was this Adventure, perhaps, that oc- 
 
 Hiftory of cafion'd the Reports that Sigifmond was either dead, imprifbn'd or 
 
 III'"" /.J' poifon'd, as we are told by Frie the Monk of that Time (r), in his 
 
 ■P- ) ■ j^i^Q^y Qf ^YyQ Council o\' Conflance. IVindeck, who made the fame 
 
 Voyage, declares, that he ran the Risk of his Life in England; nay^ 
 
 that as he pafd thro' one Place, the People offered to murder his Rc~ 
 
 tc) WzfJeck, timie (c). Which is a pretty plain Indication that the Englijb were 
 
 Cap, 59. jealous of him. However, it can't be doubted that Sigifmond had it 
 
 very much at Heart to accommoda':e France and England. We are 
 
 told by Windeck, that Sigifmond being in Catalonia when Harfleur was 
 
 taken, lent Ambaffadors to the two Kings, to endeavour to reconcile 
 
 them \ but that they return'd without Succeis, the French not permitting 
 
 them to palT over to England, and being relblv'd to proceed to Blows, 
 
 (.1) \h fup. notwithftanding the Inftances of the Emperor (<5?), who, when he ax- 
 
 Cap. 8 
 
 3- 
 
 (1) Quidam latenter inter Te ruminant, Inter ha»c veneno nonnulli fibilant eun- 
 
 ipfum eflc captum, ncque libertati redden- dem dccumbere & prifciiiJE non pofle re- 
 
 dum. Alii mortuum ferunt. Cicteris ftitui fanitati. Jif- V. H. Hardt, T. I. p. 
 
 maximis fubjcftum periculis eloquuntur. 150. 
 
 riv'd
 
 The Hijlory of the Council <?/'CoNSTANce. i; 
 
 xWfS.\n. France J exerted himlelf with as much Zeal, though with little 141 7. 
 Succels. We will now hear what is lliid upon this Subjetl by another ^-';^■^/-^^ 
 cotemporary Writer, John Juvenal des Urfns, Archbilhop o'l Rheims, ^'J>> f><P- cap- 
 lb zealous an Advocate for France^ that he would not have Ipar'd ^' 
 Sigifmond if he had found liim leaning to the wrong Side in this Af- 
 fair. ' At this Time the Emperor was ftill in England^ where he did 
 '■ his utmoft to procure a Peace between the two Kings. For this 
 ' End, he ftnt leveral times into France. Various Articles were 
 
 * drawn up at diiferent Times, and in various Manners and E'orms ^ 
 ' but, after all, neither Agreement nor Peace could be made. And 
 ' the Emperor ftrenuoudy perfiiaded the King of France to make 
 
 * Truces for three or tour Years-, and it fecm'd that the Englijh 
 
 * would have been therewith fitisfy'd. But the King would not take 
 
 * the Advice when he flivv Succours arrive from all Parts («).'(") Hifian- 
 This Account is coniirm'd by ^7W«/('. For he lays, that when Si-^''^^--^^'"^'^' 
 gifmond was in England^ he lent Gentlemen to know if they were in-P"*^' 
 ciinable to content to the Accommodation propos'd, but that the 
 
 Count d^Antiagnac embroifd all Matters ^ and that the French fent 
 into England to Sigifmond, to acquaint him that they would not hear 
 the mention of a Peace, which difoblig'd the Emperor extremely. 
 To thele two Hiftorians we may add a third, who was alio cotempo- 
 ary, viz. Enguerrand de Monjlrelet. ' Moreover, fays be, the Am- 
 balfadors of the King of France, who went over to England with 
 the German King, namely, the ArchbiJhop of i?/7«»?.f, the Lord of 
 Gaucourf, and fome others, return'd back to France to wait on the 
 King. And, at the Inflance of the German King, there came Am- 
 baffadors to Calais from, the King o'C England, that is to fay, the 
 Bilhop of Norwich and Sir Thomas Effingham, a Knight of greac 
 Renown, the King's grand Matter of the Houfhold, attended by 
 feventy Horfemen, who, by a Safe-Condufl: from the King of 
 France, travell'd from Calais to Monflreuil, and from Abbeville to 
 Beauvois, at which Place they were honourably received by the 
 King's Minifters, who repair'd thither to negociate Truces witli them 
 for a certain Term of Time between the two Kings of France and 
 England, and alfo concerning the Ranfom of fome Prifoners de- 
 tiin'd by the EngliJJj ; but they came to no Conclufion, becaule the 
 Conftible of France had caufed the Town of Harfleur to be be- 
 fieged by Sea, and was not willing to depirt. And therefore the 
 faid EngliJJ} return'd to England, re infe&d; but, Ibon after, other 
 Ambaffadors were fenc from King Henry to the Duke of Burgundy at 
 Lijle, namely, the Earl of IVanvick, and ibme others, wlio nego ■ 
 ciated fo effedually with the laid Duke, that they fettled Truces 
 with one another, from the Feafl: of St. John the BaptiH, in the 
 Year aforelaid, to that of St, Michael in the Year XVJI. only for 
 Vol. II. C < the
 
 1 3 The Hijiory of the Council <?/ Constance. 
 
 14 1 7. ' the EarlJoms of Flanders^ Jrteis, and their Dependencies. And 
 L/'S/'^J ' tliafe Trnces were proclaim'd by the iaid Duke ot Burgundy in the 
 ' uliial Places, whiift many People were aftoniih'd at fuch ftparate 
 * Truces made in regard to the Kingdom of France. 
 
 Lastly, befides 6'z^/'/w2o«^'sTreacy with/Z^^rj V. we meet with fe- 
 veral Pieces in the Publick Adb of England ^ which having the Sanilion 
 of Authority, leave no room to doubt of Sigifmond's llncere Intentions 
 to procure a Peace between the two Kings, and of the ill Dilpofition 
 oi France towards that End. The firft Piece is a Letter from Henry 
 Y. to the Vifcount of Kent, in which he acquaints this Lord that he 
 is refolv'd to return to France, in order to profecute his Right or 
 Pretenfions, and commands him to raife Troops for the Voyage. It 
 appears by this Peace, i. Tliat there had been already leveral fruitlefs 
 Negociations between the King of the Romans, and PVilliam oi Bava- 
 ria Duke o'i Holland (i), as Mediators on one Part, and the two 
 contending King?, or their Plenipotentiaries, on the other. 2. That, 
 ftmong other Propofitions, it was agreed, by the Advice of the 
 Princes and Nobility of England, to deliver up Flarfleur into the 
 Hands of Slgifmond and William., upon certain Securities and Condi- 
 tions, which were honourable and agreeable to England. 3. That the 
 Prifoners of (:) France had refus'd to conlent to thole Terms, and 
 that it even plainly appear'd they meant nothing elfe, but to bubble 
 and amule the Mediators and the King by their Intrigues. ^. That 
 for thefe Reafons he orders him to caufe publick Proclamation to be 
 made of his Voyage, and the necelfary Orders to be given for 
 his Attendance. The Letter is dated at Wefiminfier the 13 th of 
 Jane, 141;^. In the liime A£b we find circular Letters of the lame 
 Date and Tenor to all the Governours of Counties in England, and to 
 the Chancellor of the County Palatine olLancafler. 
 
 The fecond Piece, which is dated the 25d of June, contains a 
 Kotificaticn of the Truce between the two Kingdoms by the Media- 
 tion of the two Princes abovemention'd. The King of England fets 
 forth In it, that thofe two Princes having judged that a Peace could 
 not well be concluded without a Truce and a Sufpenfion of Arms, he has 
 given Full Power to three of his Privy- Counfellors to conclude a general 
 and a particular Truce by Land and Sea for as long Time as they fl^ould 
 think neceffary, and to chufe fuch Guarantees of it as they ihould 
 judge proper. The third Piece is a Mandate from Flenry Chicheley 
 hxcWi'^o^o'i. Canterbury, dated the 2d oi Auguft, to Richard Biiho^ 
 
 (1) Port varies cum Rege RoiTi-.inorum and Bourlon, the Counts d' Eu, de Vendcme, 
 8c Dvice Hollandix fuper viis & modis Richemond, htoHteviUe, and the MariTial de 
 Facis habitos abfijue efFeilu. BoHeicant. 
 
 (2) They w ere the Dukes of Orleans 
 
 of
 
 The Hijiory of the Council (?/ C o n s t a n c e. 19 
 
 of Londoj!^ and all the Bifliops of Englmu/, to make Procefllons and 14 r-. 
 publick Prayers lor the Peace, for the Prolpericy of the King, and L/'^/^'NJ 
 the Kingdom, and in particular, [or the Profperity of the King of the Ro- 
 mans, loho had laboufd, andivas ftill aElually labouring "ujith indefatiga- 
 ble Zeal for the Peace of the Churchy and of the two divided Kimd,oms 
 (i). The fourth is an important Piece. 'Tis a Letter written from 
 Henry V. with his own Hand, and lent under the Privy Seal to one 
 of his Minilters or Secretaries (2), probably at Calais. This Letter 
 contains a fecrct Negociation between the King of England and the 
 Duke of Bourbon, which was to be communicated to no Perfon what- 
 foever but the Emperor ^ and the King orders his Miniller not to 
 let the Emperor himfelf know it till he had promised to keep it lecret. 
 The Subftance of it was as follows: The King therein tells him, i. 
 That the Prifbners of France had lield fcveral Conferences witli him 
 concerning the Peace between the two Kingdoms. 2. That as the 
 Upfhot of all their Confultations was to obtain their own Liberty, and to 
 hinder him from returning to France, tJiey had been of no Eifeih ;. 
 That in the mean Time thofe Lords the Prifoners had mov'd the 
 King to make his own Demands ^ and that when he demanded of 
 them to own him for their Sovereign, the Duke of Orleans anfA-er'd 
 ■for one and all, that he had no Anfwer to make upon that Head. 4. But 
 that the Duke of Burgundy having afterwards defir'd a private Conference 
 with him, he granted it to liim, and that then the Duke fpoke to liim 
 in thefe Terms. ' My Lord (Mi Domine) fince God -has been pleafed 
 
 * to deliver us into your Hands (:;), there have been feveral Co;;/frf»ir<r^ 
 
 * about a Peace. Among other Things, you have all along infifted 
 
 * that we fliould acknowledge your Right to France. This engag'd us 
 
 * to lend into that Kingdom, that we might be inform'd of the Foun- 
 
 * dation of your Pretenfions upon that Head. We have indeed re- 
 
 * ceiv'd much more Light in this Matter than we had before we were 
 
 * taken Prilbners ; and I can alTure you, that I know more of it than 
 
 * I ever knew before. But furthermore, my Lord, I have heard that 
 ' you demand certain Domains, Lands (4), (^c. and that if tJiey are 
 
 * yielded to you, you will then, for the Love of God, and for the 
 
 * Sake of Peace, voluntarily renounce your Claim to the Crown of France 
 
 * in fuch Manner and in llich Form, as fliali be agreed on both Sides.' 
 
 (0 In quibus ctiam Chriftianiflimum C,^ After the Battle of 4?Mr«wf. 
 Principem Sigifmuiidum Romanoram Re- (4) The King tells T/pfoft, that by 
 
 gem, qui ad lanfta; Matris Ecclefiap, uuio- thefe Lands muft be undeiftood thofc 
 
 nem pacemquc inter Rcges Sc Principes ivhich are included in what lie calls the 
 
 procurandam extra natale folum pofitus grent Peace, in the manner as they are 
 
 fcrventilTime laboravit, & laborarc noii therein comprehended , together with 
 
 definit adhuc ufque. Harfieur and the adjacent Par: of Sor- 
 
 (2) His Name was Tipoft. mandy, 
 
 C 2 For
 
 ao The Hijiory of the Council ^/ Co n s t a n c e. 
 
 14 1 7. For my oivn Part, Hiys the Duke of Bourbon, I think your Offer k 
 
 L^*V^»J truly great and reafinable, and that it ought by no means to be rejecled 
 
 by hirn whom you call your Enemy. 5. The King fets fon:h, ' Th;:-C 
 
 * upon this the Duke oi Bourbon had defir'd Leave of him to go to 
 
 * France^ with proper Securities, in the Name of his AfTociates, 
 ' whole Agreement he engag'd to obtain." 6. That indeed they con- 
 lented he ihould go in their Behalf to France to perfiiade the King to 
 yield thofe Lands to the King oi England, to which he made a legal 
 Demand-, and that if they were refign'd to him, he would go over 
 tliis Year to France to take PofTeflion of them. 7. In cale that the 
 King of France fliould refule them to the King of England, the Duke 
 fpoke to the latter as follows. ' My Lord, if this is deny'd by your 
 ' Enemy, we are quit of our Engagement, and in particular I the 
 ' Duke of Bourbon (nos, nos acqnltavimus). Then will I return with 
 
 * all Speed to be with you by the Time appointed (ita quod fervabo diem 
 
 * appuniluatuni), putting my Caftle and Forts, in the mean Time, into 
 
 * fuch Hands that I may be lure of having them again (1) when I 
 ' pleale. And when I ihall return into your Prefence, as, if it pleafe 
 ' God, I fhall not fail to do, 1 promife you, upon my Life, (per -ve- 
 ' ritatetn corporis -mei) to pay Homage to you as my Sovereign Lord, 
 *■ and will demonrtrate your Right fo clearly to France, that all Man- 
 
 * kind fliall be convinc'd that I only do my Duty •, and that vvhofo- 
 
 * ever does not do fo too, ati^ againft his Honour. I only intreat 
 *■ you, my Lord, that this be kept an entire Secret till I return, be- 
 
 * caufe 1 fhould run a great Hazard if it comes to be blown while I 
 ' am there.' 8. Flenry tells his Minifter, that he Jias permitted the 
 Dukeof 5(?«r^o« to go in the Name of all the other Priioners, with- 
 out letting any one of them, into the Secret ; and he orders him to 
 acquaint Sigifmond that the Duke fliall fet out as foon as he has his 
 Palsports and Securities ready •, but that whatever be the Succefs of 
 the Ncgociation, he, Flenry, will neverthelels go over to France, ac- 
 
 . ^ F-wer's cording to his former Refolution («). It appears, from this Piece, 
 fmdfi, T. that the Ncgociation for a Peace ftill continued, notwlthftanding the 
 IX. nibliotb. Treaty of Canterbury ; that the King of the Romans interpofed in it, 
 Anden&'Mo-.^^^^}^ {.^at, if we may judge of the Matter by the Terms of the Let- 
 p^'^t'q,^' ter, the King of England was fmcere, and the Duke of Bourbon dii- 
 AUaKegia. honeft, who aim'd either at betraying his Country, or putting a 
 Vol. II. p. Trick upon Henry. Therefore here we may be allow'd to repay Father 
 1'^, 150. Matmbourg in his own Coin: This is ivhat Hiftorians undoubtedly knew 
 nothing of, becaufe they have not inform' d the World of it, and perhaps 
 Mankind will be obliged to tne for having gone fo far towards undeeeiiiing 
 
 {i) Poneado intej-im omnia Caftella 8C Fortalitia fub tali regimine, quod fim fccu- 
 ras iabendi ilia q^uandocuncjue lubct^
 
 Tke Hijlory of the Council i?/ C o x s t a x c e. o i 
 
 ihofe^ "joho^ for ivmit of being letter inform'' d by their jiulhors^ even to 1417- 
 this Day\ r^//^ Sigiftnond the Chamber of the grand Peace-maker o/LVVSj 
 the Church (a). Iftherefore the Emperor, after being trifled with, and, (a) vh}fu^. 
 as we may iay, bubbled by France, efpoufed that Side which was moft Lib-^'i p. 
 favourable to his Interefts, he did no more than what all otlier Princes ' '' 
 would have done in the fame Cafe : Whether they were in the wrong 
 or, not, is their own Affair, the prefent Cafe being only a Point 
 of Law, and not of Faft. Who knows but the Emperor was afraid 
 of bringing the EngUfJo upon his Back after they had been fb dilguft- 
 ed at the Mifcarriage of his Negociation that he was loth to truft 
 even the EngliJJ: Bottoms to carry him back? This is a Circumftance 
 alferted by fFindeck, an Eye-Witnefs;, and I cannot think either that 
 he was mifinform'd, or that he would offer to teil a Lye for the pur- 
 pofe. Neither can Sigifmond be accus'd of having betray'd the King 
 of France, by treating with the King of England, becaufe Father 
 Daniel lays, "that Sigifmond ivrote Letters from thence to the King (of 
 France) ivbcrein, after having reproach\l him for the Slight he had pit 
 upon bis Mediation, and for his Obfiinacy in not accepting the 'Terms of 
 Peace that ivere offered him, he declar^l to him, that he had made a - 
 League ivith the King of England againfl France, ivhofe Kings had 
 for a long Time unjujily ivitb-held certain Territories belonging to the 
 Empire, and that he gave him Notice of it, to the End that he might 
 not be fur prized (b). To fay, as Father Maimbourg does, that this(i) vhi ftif. 
 Treaty was prejudicial to the Union of the Church, is a grofsp. S85/ 
 Miftake of the Fad. The Reconciliation of the two Kings might 
 have favour'd the Union of the Churchy but when this Reconciliation 
 was imprailicable, it was an indifferent Point with relpeft to the 
 Union of the Church whether Sigifmond was for England or France. 
 I am alio very much inclin'd to believe that this Treaty of Si- 
 gifmond with Henry V. was only a provifional Treaty, which Si- 
 gifmond, who was dilfatisfy'd with France, might have had Recourfe 
 to in cafe of Need. It would not, perhaps, be a difficult Task to 
 find, in the Records of feveral Countries, Inllances of provilional 
 Treaties, which never were put in Execution as this never was : Wit- 
 nefs Father Daniel ^ Thefe were only Menaces, lays he, without EffeU (c). r^-. y^/ r^^. 
 
 As to the Reproach caft upon Sigifmond, that he had other Views 
 in his Treaties and Voyages than the Union of the Church, 'tis a 
 groundlefs Acculation, unlets it be made appear what other Views he 
 had, contrary to that Union. No People, much lefs Princes, are 
 reftrain'd from having leveral Views in their Proceedings. If Sigif- 
 mond, in his Treaty with the King of England, had it in his View to 
 recover what he pretended France had uHirp'd from the Empire, he 
 did not. thereby prejudice the Union, and did no more than what ail 
 Erinces do when they have an Opportunity to make the moft of their- 
 3 , P/eten-;
 
 -x2 The Hifiory of the Council of Constance. 
 
 141-. Pretenfions. As to the Claim he had to fbme Lands that were dif- 
 /"V^w member'd from the Empire, and in particular to the Kingdom of 
 Bingundy^ or Arlcs^ let us by the way hear the Sentiment of Theodork, 
 or 'Thierri de Niem. ' The Kingdom of Aries, [aid he, or Burgundy, 
 '■ holds immediately of the Empire, Otho I. having acquired it five 
 ' hundred Years ago from Bofon, the laft King oi Aries, who united 
 
 * and incorporated it with the Empire, to which it was very neceffary ; 
 
 * for at that Time the Empire was by that Means able to check the 
 
 * neighbouring Powers, as the Italians, French, &c. both by Land 
 ' and Sea, and to gain many other Advantages, as was the Practice 
 ' for above three hundred Years, But for above a hundred Years, 
 
 * or thereabouts, what with the Broils that happen'd in the Empire, 
 ' and what with the Negligence of the Emperors and the Kings of 
 
 * the Romayis, laving the Refpeft I owe them, this Kingdom was 
 
 * rent in Pieces, and pafs'd into the Hands of Foreigners, particu- 
 ' larly Prelates, Princes, and great Temporal Lords. The Conle- 
 ' quence is, that thro' this Negligence and Inaftivity of the Em- 
 
 * perors, the Inhabitants of this Kingdom are opprefs'd by feveral 
 *^ Tyrants, for which the Kings of the Romans will be relponfible, if 
 
 * they do not roufe from their Lethargy.' Erom hence 'tis plain, 
 that if the Emperor had a View to re-unite what had been dilmem- 
 ber'd from the Empire, he did no more in this Matter than what he 
 was advis'd to do. But in the Reconciliation of France with Fynz- 
 land, Stgifmond had ftill another View, which puts it beyond all Doubt 
 that he fet about it with Sincerity: That was to obtain Succours 
 againft the 'turks, who, as we have leen, deftroy'd Hungary with 
 fire and Sword, plllag'd the Churches, and the Eftates of the Clergy, 
 murder'd the Priefts, and even threaten'd all Chriflendom. Before he 
 went for Spain, he had heard the bad News of the Overthrow of 
 the Hungarians, and it had been natural for him to have gone in 
 Peribn to their Affiftance. But preferring the Interefts of the Church 
 before his own, he decla^'d, that tho' he luere to lofe his ivhole King- 
 dom of Hungary, he "dDonld not abandon the Church or Council, as the 
 Deputies of Cc/o^« declar'd (i). While he was in France, the I'urks 
 purllied their Conquefts. They had already penetrated into Dalma' 
 tia, Sclavonia, Aujiria, and even to the Confines of Germany, on the 
 one Side, and on the other as far as to the Territories of Aquileja 
 ■An^X Strasbourg,hy t\\Q Aii'AA\^cso{t}\Q Fenetians, who, whatever Face 
 they put on, were the Emperor's conftant Enemies. Was it not a ve- 
 ry natural and a very laudable View to endeavour to procure the 
 Reconciliation of the Chriftian Princes, in order thereby to obtain 
 
 (1) Quibus leftis dixit Chriftianiflimus & facmm hoc Concilium. Marten. Anecd 
 Rex, & fi opoiccrct peiderc totum reg- T. 11. p. 1(533. ^i"n ap,r.dHartli,T.U. 
 num Ungariae non dinuttam Ecclcfiaro, p-4i6. 
 
 Succours
 
 The Hiftory of the Council <?/" Constance, 25 
 
 Succours for himfelf and all Chriftendom at the fame Time? He had 14 17. 
 another View well worthy of his Magnanimity and Piety, even accord- L/'S/^"%J 
 ing to their Principles, who have aim'd to blazon his Conduct. I 
 will exprefs it in 'fhcodork de Nieni's own Words. * If he can, by 
 ' the Help of God, be fo fiiccelsful as to pacify France and England^ 
 
 * he has it very much at Heart to labour with the Kings and Princes 
 
 * o'i the Weft for the Deliverance of the Catholicks from the Yoke 
 < of the Sarazens^ by the Settlement of a general Toll in the Eaft, 
 
 * as was relblv'd upon in the Synod of Clermont in ^wvergne, which 
 
 * affembled under Urban II. towards the End of the eleventh Cen- C-O ^''"^ "?- 
 
 * tury (a).' But if he did not liicceed in all his Views, 'tis certain I; '^•^'""''' _ 
 he did in the principal one, which was to unite Spain to the Council ^^F-^jSr- 
 by its renouncing BeneditJ XIII. whatever Turn Father Mahnbourg 
 
 aiietls to give to it. Father Daniel^ his Brother, has done this Prince 
 more Juftice. Neverthekfs the Emperor^ fiys he, had no Reafon to 
 repent of his Journey^ becanfe the Kings of Arragon, Caftille and Na- 
 varre, being offended at the Obflinacy of Peter de Tuna, ivhich was the 
 file Hindrance of the Union of all the Chrijlians under one and the fame 
 Head, abandon d him, and conform'' d to the Council of Conftance (^). (J) T. IIL 
 'Tis therefore with very great Injuftice that Father Maimbourg refufes P ^^-■ 
 Sigifmond the Cha.va.Her of Peace-maker of the Church : 'Tis giving the 
 Lye to all the Authors of that Time, to univerfal Hiftory, and even 
 to all Europe who paid him this Compliment. Father Daniel treats 
 this Matter with much more Equity. The Emperor Sigifmond, fiys 
 he, to whom the Church ivas fo 'much obliged for having dell'vcid it 
 from the Schifm, with which it was diJiraEled for fo many Tears., un- 
 dertook this Affair with all the Zeal poffible. I thought it but Juftice 
 to make this Apology for that great Prince, without digrefting from 
 the Council of Con/lance, of which he was conftantly the Hero. 
 
 As he had been expected with great Impatience and TJneafinefs, 
 he was received with extraordinary Joy and Magnificence. In the 
 Morning, the Cardinals, Patriarchs, BiJhops, and all the Clergy, 
 drefs'd in their Pontificalia, waited for him in the Cathedral Church, 
 where, after the Mafs, the Cardinal of Florence preach'd a TJiankf- 
 giving Sermon upon his happy Arrival, while the Elector Palatine, the 
 Burgrave of Nuremberg, the other Princes, and all the Nobility, 
 went fome Leagues out of Town to meet him. When he came into 
 the Neighbourliood, all the Clergy march'd out in Proceffion to re- 
 ceive him, while the Bells rang, and the Cannon were difcharg'd to . 
 lalute him. The Emperor made a Halt upon the Bridge o\'Conjtance, 
 where he was receiv'd by the Magiftrates under a ftately Canopy of 
 Gold, carry 'd by four Senators j the Patriarch of Cow/^w/wo//^, the 
 Cardinal de Fiviers, the Eiediot Palatine, and the Burgrave o^ Nu- 
 remberg attending him under the Canopy, which was furrounded by 
 3 ' ^ -U;
 
 24 The Hijlory of the Council of Constance." 
 
 14 1 7. all the Clergy. When Sigifmond was arriv'd at the Gate of the Church, 
 
 L/"V'NJ lie fell upon his Knees, and after having made a Prayer, he cnter'd 
 
 the Church, where the Biflrop of Salisbury ftay'd to pronounce a 
 
 Difcourle before him, by way of Thankfgiving and Congratulation, 
 
 from thefe Words ^ He pall be exalted in the Sight of the Lord. 
 
 Here may be inserted the Relation which was made to the King 
 o^ England by one of his Amb.tflTadors concerning Sigifmond's Return 
 to Conjlance. i. He tells Henrys that the King of the Romans arriv'd 
 at Conjiance on n'ed/iefday the 2-jth. 01 January, at Three o'Clock m 
 the Afternoon, adorn'd with the Collar of tke Garter, to tlie great 
 Satis faftion of the Englijh, (lietabile fpeHaculur?] cun5lis irfiis Ligiis 
 Hominihus ccnfpiciendum). 2. That he was received without the 
 Gates of Confancc by a great ProcefTion of all the Orders, Cardinals 
 and Deputies of all the Nations j that the Englijh in particular di- 
 ftinguilh'd themlelves by the Magnificence of their Habits (veflrorum 
 Procerum optime arraiatorum), and that in this great Multitude they 
 were the only People to whom he gave the Honour of taking them 
 by the Hand (vejlros Proceres gratiofc i^ hilari admodum vultu exec- 
 pit, (^ in tarn frcquenti turba, manus honorific or urn omnium 'ueflra: Na- 
 tionis virorum folum attigit). 5, That the Biihop of Salisbury repair'd 
 with all Hafte to the Place of Council to take the Chair before the 
 Arrival of the Cardinal of Cambray, who is here calfd the Chief of 
 the French Nation, and the particular Enemy oj the King of England, 
 becaufe hepropos'dto make a Speech before the King for tlie Glory 
 of that Nation j but that the Biihop of Salisbury, jealous of the Ho- 
 nour of his own Country, kept his Poft, and harangued the King, 
 who, after having heard him with Pleafure, went and took lome Re- 
 fi^eihment, for he had not yet din'd. 4. That next Day the Ambaf- 
 ladors of England went to the King's Palace to congratulate him up- 
 on his happy Arrival ^ and that the Biihop of Chejler, Prefident of 
 the EngUJh^ziion, made a very agreeable Dilcourlc to him. 5. That 
 on the Day following the Emperor lent for them to his Palace, and, 
 after having thank'd thein for their Fidelity and good Conduit in his 
 Abfence, he told them that he had renew'd the perpetual Peace with 
 Henry \. for himlelf and his Succeilor?, which he had made with 
 Henry IV. hisF'ather: That then he expatiated in the Prailes of the 
 King of A"//g/rt«ir/ and the Princes of the Blood lloyal, of the Govern- 
 ment of the Church, and of the Divine V^'orfl^ip which is there 
 16 religioully oblerv\l, that he thought himlelf in Paradice in Compa- 
 rilbn of other Places wJicre he had been. 6. In this Letter, 'tis 
 iaid that there's no Room to doubt but the Bijhops of Chefter and 
 Salisbury, and all the EngliJIj AmbalTadors, were entirely diipoied to 
 promote the Reformation of the Church in its Head and Members, 
 \t} concert with die King of tlie Romans^ without Regard to the 
 
 Benefices
 
 The Hijlory of the Council (T/^Constajicf. 25 
 
 Benefices which they poflefs'd, and which they would rather part 
 with than leave the Biifinefs of the Reformation iimperfedl. -;. 
 That upon Candlemas-Eve, Letters came from the King of France^ 
 commanding his People to dilcharge the Duke of Burgundy's. Em- 
 bafladors from attending with the French Nation j and that it was 
 reported that the faid King had lent a great Sum of Money to Genoa, 
 and Provehce^ to procure ftouc Ships and Galleys for oppohng the 
 PalTage of the King oi England (i). 
 
 VIII. Upon this Occafion, all Ranks of People ftrove to give Si- 
 gifmond publick Teftimonies oF their Zeal and Gratitude. The EngliJJj 
 in particular fignaliz'd theirs by a Reprelentation, which, if not alto- 
 gether new, wifs at leafi: hardly known in Gerniany before. It was a p^ ^-^^ . ^ ^ 
 fort of pious Comedy, or Leflbn of Morality^ which the EngUJlo medv. 
 BiHiops caus'd to be attcd before the Emperor on Sunday the 51ft of ^' '^.'H'1»-*, 
 January., upon the Birth of our Saviour, the Arrival of the ivife Men,"^-^"^- ? 
 and the MaJJacre of the Fanocents. They had already rehears'd this '°i^' ^y^' 
 Piece fome Days before, in the Prelence of the Magiflrates of ^ "' ^^' 
 Genffance, and a great many Perfons of DiftinLlion, to the end that 
 the Aftors might be the better qualify'd to perform their Parts be- 
 fore the Emperor. The Invention therefore of Rcprefentations ot 
 this kind in Germany, is due to the EngllJIj, according to the Opinion 
 of Dr. Fonder Hardt. Indeed, 'tis generally alcrib'd to the famous 
 John Reuchlin alias Capnion, a Civilian and a Critick, who flouriili'd Kemhlln in 
 about the End of that Century, and who, in 1^97, caus'd a Comedy xhs German, 
 to be a£led in Latin Verfe at Heydelberg, at the Palace of the Bifhop and &/ik/o in 
 o'l IVorms: And the very Prologue of that Piece feems to ^0 Reuch-^f/"-^^^'^^^"' 
 Fin the Honour of having firft introduc'd Comedy into Germany, as French, and 
 appears from thefe four Verfes, which are not very different from theSmoak iu 
 Stile of Terence. '" EagHp. 
 
 Optat Poeta placere paucis verfibus : 
 Sat ejfc adcmptum gloria arbitratus ef}^ 
 Si aucfore fe Germanic Schola lufcrit 
 Griccanicis 6? Romukis lujibus. 
 
 (0 The Letter is dated the 2d of & oledienlia. Rymer'j Fcedera, T. IX. 
 
 Tebriiaty, and fisn'd Jclui Ferejler. The i. e. My Sovereign Liege Lord, and molt 
 
 ■Supevfcriprion was this: Supreme mi Ligie Chriftian Prince, tlie moft Dread of 
 
 Domine, & mihi Princess Chrijliamjftme, Earthly Powers, I recommend my felt" 
 
 meiuetidijjime fiiper Terram, recommenda entirely to your High, Royal and Irapc- 
 
 me vefirte Celfd, Reg/t!i Qp Irvper/ali Ma- rial Majefty, with all Honour, Reverence, 
 
 jefi'ati omnlmoAo cum honore^ cstltu, ^ratiit Love and Obedience. 
 
 Vol. II, D Wltb
 
 The Hijiory of the CouncU «/ C 6 N s t an c eI 
 
 1- e. 
 
 With thefe few Rhimes the Poet hopes to pleafe, and thinks it 
 llifficient Honour that he has been the Introducer of the 
 Plays of the Greeks and Romans into the German Schools. 
 
 sel.ifiian ANOTHER Civilian, who dedicated that Piece to the Bifliop of 
 
 ^andt. IFormSj ipeaks of it in thefe Words. 
 
 Accipe Vangionum Pneful vsnerancle, Joannis 
 Capnionis nojlri Comica dulciloqiii : 
 
 ^io duce Germanos Comoedia prifca rev'ifit^ 
 Et meruit foccis Rhenus inire novis. . 
 
 i. e. 
 
 May it pleale you, my Lord of Worms, to accept the Comedies 
 of our eloquent Reuchlin, under whole Conduft the ancienC 
 Comedy has revifited the Germans, and the Rhinlander gracc" 
 fully enters upon the Stage with new Buskins. 
 
 M. VON DER HJRDTYas found out a happy Medium to 
 reconcile Germany and England in this petty Competitorihip for Glo- 
 ry, viz. That the Engliflj were the firft that introduc'd the Ufe of 
 the Theatre into Germany ^ and that Reuchlin was the firft that drefs'd 
 the Comedy in the Language ot Parna{fus (i). Having made this 
 fhort Hiftorical and Critical Digreffion to unbend the Reader from 
 ferious Affairs, by the Example of the Englifi Prelates, we return to 
 the Bufinels of the Council. 
 i8erfon\ Scr- IX. The publick Demonftrations of Joy upon the Emperor's hap- 
 mons on the py Return, were no Hindrance to the great Affairs that ftill re- 
 Atfaii of^cto i^^i,j'(i to be regulated. Therefore Gcrfon preach'd a Sermon, where- 
 ^Jif.and the j^ he ftrenuoully prefs'd the Council to adl with more Vigour than 
 they had done in the Affair of y&/j« Petit, and by a levere Condemna- 
 tion of all the Articles of his Doftrine, to lecure the Life and Ma- 
 jcily of Sovereigns from the feditious Encerpriz.es of their Subjects. 
 
 (i) ReuchV.n may be allowM the Ho- CoTicdy, which he caus'd to be afled at 
 
 Hour of having inuoduc'd thisPraSice in- H'orms m 1497, was only an Imitation of 
 
 to Germany ; but he had Icain'd it of the that Farce, accommodated to the German 
 
 Trench. I am inform'd, by a very accurate Tafte. From thence it comes to pais, 
 
 jtf.7« D»f^/«<. Author, that about 147 o,whenRf«i:W?« was that fome have, by Mirtakc, fuppos'd 
 
 at Paris, he there faw the famous Farce that a literal Tranflation, which there is 
 
 of Patelin, plav'd "i French This Latm of that Farce in i<J<i», vas his. 
 
 A.WO.
 
 ^ 
 
 The Hijiory of the Council ^/Constance. 27 
 
 Two Days after this, the Archbilhop of Strigonia^ Primate 0? Hun- 1417. 
 gary^ Chancellor of that Kingdom, and Prefident of the Council of »./""v 
 State, arrived at Conjlance^ where he was receiv'd with extraordinary i, 2, 3 feb. 
 Honours. The Emperor went laimfelf to meet him. Two Cardinals 5 ^'*- ^ ^^ . 
 alio accompany'd him as he enter'd the City, an Honour which they "j*^'', " 
 had not paid to any other Archbilliop but the Archbifhop of iV/(?K^~. 
 
 X. Mention has already been made of a Treatife which Gcrfon GerfoiATtuSL 
 compos'd in Imitation oi' PcUr d'JUlfs, concerning the Authority of'^on^^'^"''",? 
 the Council and the Power of the Church. It was read publickly on E<-ci'="^it"^»» 
 the 6th Qf February, as a Preparative to the future Deliberations oi' jr, d. li-irdt 
 the Council, either for the depofing oCBcmdicl, or for the EleftionT VI. 
 of another Pope, or finally for the Reformation of the Church. This ^^b. 6. 
 Dilcourle conlifted of leveral Confiderations, which we will abridge. 
 It is the more worthy ot a Place here, becaufe Dr. Dupin has given 
 it as his Opinion, thdt Gerfon never handled the Subjecl more accurate- 
 ly and profoundly than he has done here («). CONSIDER A- (") (^erfonia- 
 TION the First. The Ecclefiaftical Power is that which Jeius ""> i''ol-48. 
 Chrifl: gave fupernaturally and Ipecially to his Apoltles, his Difcipies, 
 and their lawful Succeffors, to the End of Time, for the Edification 
 of the Church Milit>:nt, in order to bring it to everlafting Salva- 
 tion by the Pra£tice of the Evangelical Laws. CONSI DERA- 
 TION the Second. The Ecclefiaftical Power is divided into 
 Power of Order and Power of JuriRlidion. The Power of Order is 
 exercis'd in two manners, the one over the true Body of Chrift, as 
 to its Conlecration •, the other over the myflical Body of Jefus Chrifl, 
 that is to lay, over his Members. That of Jurifdiftion is alfo two- 
 fold, and is exercis'd either over the external Forum, or Tribunal, or 
 over the internal Forum, or Tribunal of Conlcience. CONSIDE- 
 RATION the Third. The Ecclefiaftical Power of Order may 
 be confider'd in two Views, either as relating to the Adminiftration of 
 the Body of Chrift to Believers, or as relating to the Adminiftration of 
 the Sacraments of Ordination and Confirmation, the Conlecration of 
 Wax Tapers, Abbats, Churches, and the Eftablifliment of Minifters. 
 In tliis latter View, the Ecclefiaftical Power is not equal in all Priefts, 
 becaufe a mere Prieft, according to the general Opinion of the Doctors, 
 cannot confer Orders, nor confirm and coniecrate U'ax Tapers, which 
 Jo elfentially appertains to a Biihop, tJiat tho' he confirms, or tho' Ik; 
 confers Orders when he is excommunicated, or in a State of Irregu- 
 larity and Degradation, the Sacrament is never the lefs valid. Gerfon 
 oblerves here, that there is fome DiiTerence between the Sentiments of 
 the Lawyers and the Divines concerning Epilcopacy, The Lawyers^ 
 liiys he, call Epifcopacy an Order, becaufe ^tis above the Priefthoor!. 
 ^ho' the Divines agree, that Epifcopacy is a Hierarchical Power above the 
 Priejihoodj yet they don't fay that it is an Order^ becaufe it adds no- 
 
 D 2 thif^
 
 5S The Hljlory of the CownoW <?/ Con s tancbI 
 
 141 7. thing to the Power of the Pricjl over the true Body of Jefiis Chrijf. 
 
 ,,^^^/^^ 'Therefore "'tis not a new Order, but a neiv Poxvcr. CONSIDERA- 
 TION the Fourth. The Ecclefiaftical Power ofjurifdiftion, in the 
 external Court, and which is of a rellraining Nature (coercitlva), and 
 wl:ich is exercised over another, even againil his Will, in order to 
 direft the Subjefts of it to everlafting Blils, as the chief and ultimate 
 End of Man : This Jurifdiftion is twofold, Temporal and Spiritual. 
 Temporal Jurifdidlion is exercis'd, according to the Civil Eaws, for 
 maintaining the Peace of Society. Spiritual Jurifdiilion is exercis'd 
 according to the Canon Eaws, with a View to eternal Felicity. But^ 
 fiiys Gerfun, this fort of EccJefiafticalJurifdi^ion comes fo near to Temporal 
 and Political Jurifdi^ion, that it may, in many Cafes, he communicated 
 end committed to the Laity, and even to Wow.en. This Prerogative, con- 
 tinues he, is fo ivell efiablifii'd in Scripture, that the Fultnefs of the 
 Po wer of the Spiritual Sword, and the Exercife of it, takes Place againft 
 every Cbriflian, not excepting the Pope. For, adds he, ihofe Words, 
 Tell it unto the Church, are not to be underftood of the Pope, hecaufe 
 Jefus Chrijl would not have exprefs'd himfelf thus to St. Peter. Upon 
 this Paffagc is founded not only the Power of Excommunication, but that 
 ef deciding., determining, 'making Statutes, Decrees, iJJ'uing Precepts, Laws^ 
 Canons, and of proceeding againfl the Difohedient, even to the Sentence of 
 Excommunication inclufively; nay, according to the Canons inflituted in 
 this Council, the Church may -proceed fo far as to implore the Affiflance cf 
 the fecular Arm. CONSIDERATION the Fifth. The 
 Ecclefiaftical Power of Jurifdiftion in the inner Tribunal is not coer- 
 cive, but free with Regard to thole who fubmit to it, 'Tis exercis'd 
 over the myftical Body of Jefus Chrift, and confiftsin the llkiminaticn 
 of it by Doftrine, in the perfecting of it by the Adminiftration of ths 
 Sacraments, and in the purifying of it by Baptifm and Penance. 
 CONSIDERATION the Sixth. ^ The Ecclcfaaical Power 
 may, and ought to be confder'd in three Views, i . Abfolutely, and 
 in itfelf. 7. With Regard to the Perlbn over whom 'tis exercis'd. 
 3. With Regard to its Exercife and Execution. " The Eccleliafti^ 
 " cal Power confider'd in itlelf is invariable, and has always exifted 
 " ever {ince the Church had a Being. For, fays Gerfon, when we 
 " confidcr the Church in its effential and permanent Parts, which 
 " are the Qualities of Pope, Cardinals, Patriarchs, Archbifhops, 
 " Bifliops and Priefts, 'tis impoffible to retrench any of thole Powers^ 
 " and for the Church to remain, at the fame Time, what it was ori- 
 *' ginally by the Inftitution of Jefus Chrift. If, for Inftance, ic bs 
 " admitted that the Pope be cut off from the inferior Powers, what 
 " remains will no longer be call'd the Church. Confequently, to put 
 " the Qiiefticn, whether the Papal Authority is greater than that of 
 ^ the CJiurch, is the fame xhins, as to demand whether the Whole 
 
 « is.
 
 Tke Hi /lory of the Council <?/ C on s t a m c eJ ap- 
 
 " is greater than the Part, or whether the Part is greater than the 1417- 
 " Whole." From whence it follcws, that if a general Council fuficiently -^ 
 and fully reprefents the CathoUck Churchy it muji necejjarily include in it- 
 fclf the Papal Authority ^ 'whether there be a Pope, or ivhcthcr by a- 
 Deaths natural or civile there be no Pope. The Ecclefiaftical Power 
 confider'd with regard to the Perfon over whom 'tis legally exercis'd, 
 is variable, and may in many Cafes be retrench'd, Conlequently it: 
 may be faid, that the Papal Power may be chang'd and retrench'd by 
 a natural Death, or by a civil Death, llich as Depofition. P'or the 
 Proof of this Principle, Gcrfon takes a Quotation from his Treati/e, 
 wherein he had prov'd that the Pope may be cut off from the 
 Church (i). ' The Ecclefiaftical Power, confider'd with regard to the 
 Ufe and Exercife of it, is mutable and variable in feveral Refpefts. 
 This Confideration, together with the preceding ones, refolvcs tlie 
 Qiieftion, Whether the Ecclefiaftical Power is immediately of God, 
 or mediately of Men ? For if we confider the Ecclefiaftical 
 Power in the firft View, that is to lay, abfolutely, it may be af- 
 firm'd that it proceeds immediately from Jefus Chrift, and that it 
 could not be inftituted by any other, Tho' all Mankind were aflem- 
 bledy and Jefus Chrift feparated, they could not have eftablilh'd fuch a 
 Power over them, as might have been, and may ftill be, eftabliftfd 
 over them by the Emperors, Kings, Dukes, Counts and Barons, and 
 this Power being once eftablifh'd by Jefus Chrift:, they could not deftroy 
 it. But if the Ecclefiaftical Power be confider'd in the fecond Light, 
 that is to fay, with regard to thofe on whom it is conferr'd, 'tis 
 very true that Jefus Chrift immediately conferr'd it on his Apo- 
 ftles and his Difciples, and that he gave them the Ufe and Exercile 
 of it. Neverthelels it muft be allow'd, that the Succelfors of Sc; 
 Peter and the other Apoftles were of human Eftablilhment, as by Con-> 
 fecration, Eleftion, or feme other Inftitution, witiiout any Neceft^- 
 ty for recurring to Miracles or new Revelation ^ and that they re- 
 ceiv'd the Ufe and Exercife thereof by human Means, as afluall-/ 
 happen'd in the Time of the Apoftles, as faft as the Church multi- 
 ply'd. CONSIDERATION the Se vent h. The Eccle- 
 fiaftical Power in its Fullnels is formally in the Pope o{ Rome^ as ia 
 its Subject. 'Tis admitted for the Proof of this Principle, that if any 
 one be chofen Pope without being a Prieft, he could not be ftifd the 
 Sovereign Pontiff till he had been confecrated Prieft and Bifliop. 
 For tho' his Election may give him Ibme Jurildiftion, yet he would 
 not have the Fullnefs of Ecclefiaftical Power, as well of Order, as of 
 either Jurifdiftion, before he is confecrated.a Bifhop. Which ihewi? - 
 
 (i) An Account of it was given in the Hiflory of the Council at S'vfa^ Parti, p. ^05, 
 308. 
 
 * tbtC:
 
 5 
 
 o The Hiftory of the Council of Constance. 
 
 [417. ' that the Civil Lawyers are miftaken when they talk of the Full. 
 
 * nefs of the Pope's Power, and leem to underftand nothing more by 
 
 * it than Jurifdiftion. From whence this Abllirdity would follow 
 '* that a Layman, and even a Woman, might be Pope, and have the' 
 
 * Fullnefs of Fcclefiaftical Power. But, according to the Inftitution 
 
 * of Jelus Chrift, no Perfon can give or receive in the Church the 
 
 * Hierarchical Degrees, which are thofe of purifying, illuminating and 
 
 * perfecting (perfice}-e), unlefs the Authority of the Chief of the 
 
 * Hierarchy, and of the Sovereign Monarch in the Church of God, in- 
 
 * tervene either really, or by Conftruftion. Confequently the Fullnefs 
 ' of Ecclefiaftical Power, is the Power which Jefus Chrift conferral 
 
 * fupernaturally (fupernaturalitcr) on St. Peter, as his chief V^icar and 
 
 * Alonarch (Ficario fno ^ Monarchce prima), and on his legal Suc- 
 
 * celTors, to the End of the World, for the Fdificaticn of the Church, 
 ' and for the Poffedion of everlafting Blifs.' 'Tis not without good 
 Realbn that Gerfon makes ufe of the Word fupernaturally. ' 'Tis, 
 
 * fays he, to fhew the Difference there is between the Power conferred 
 
 * on St. Peter, and the Powersandjurilciiclions, which might comport 
 ' with his Succeilbrs, according to the Civil and Political Laws of 
 
 * Man, or according to the Law of Nature, which requires that the 
 
 * Sovereign, in whatfoever Polity it happens, ihall enjoy feveral 
 
 * Honours and Privileges above others, either by the Donation of 
 
 * Princes and others of the Laity, or by the fiwourahle Conceflion of 
 
 * general Councils. Several People, for want of Regard to this Di- 
 
 * ftinilion, have thought that what comports at this Time with the 
 
 * Sovereign Pontiff, is deriv'd to them by the primitive Inftitution of 
 
 * Jefus Chrill:, and by the divine unalterable Law, which is a Fallhoodii 
 
 * becaufe the Cafe might happen where there would be a real and 
 
 * compleat Pope, v,-ho neverthelefs would not have fuch Privileges 
 
 * and Honours inconfiftent with the Fullnefs of the Ecclefiaflical 
 
 * Power, fuch as Jeliis Chrifl conferred on St. Peter, and as no Man, 
 
 * except Jefus Chrift, not even the whole Church, can either con- 
 
 * fer or take away. 
 After this, drfon makes foroe Reflexions on the new Canon 
 
 Law, which lets the Pope above general Councils, and upon the Ca- 
 non Lawyers, who pretend that the Pope is not included in the Re- 
 gulations of general Councils, concerning E'leftions and Collations to 
 Benefices, becaule an Inferior has no Right to prcfcribe to his Su- 
 perior. Having premifed thus much, he adds •, ' BlefTed be God, 
 
 * that by the Council of Conflance, inlighten'd with the divine Law, 
 ' he has deliver'd his Church from this pernicious and poilbnous 
 
 * Do£trine, becaule if it had fubfifted longer, it would not have fail'd 
 
 * to have made the Schilin perpetual. It has been declar'd and de- 
 ^ creed in the Hiid Council, that a general Council may be affembled 
 
 2 * without
 
 The Hijlory of the Council <?/ C 6 n s t a n c e, 31 
 
 * without the Pope, and that in fbme Cales the Pope may be try'dby 1417. 
 
 * the Council. Moreover, it has been therein decided, that a general 
 
 * Council has Authority to make Laws, and eftablifh Rules for 
 
 * moderating and regulating the Fullnefs of the Papal Power, not in 
 
 * itfelf, but in its Ufe and Exercife. For it is not to be imagin'd 
 ' that the general Councils, in the making of Conflitutions, have fb 
 
 * far excepted the Papal Authority, as to give the Popes Toleration 
 
 * to violate thofe Conftitutions with an unbridled Licenfe, and for 
 
 * very trivial Caules. If therefore the Pope's Authority is excepted 
 
 * out of thole Con{titutions, 'tis in Cafes of Neceflity, and in thofe 
 
 * where fuch Exception feemsof manifeft Advantage: As for Inftance, 
 
 * when a general Council cannot be affembled. It were proper alfo 
 
 * for this Council to declare in what Cales the Pope's Authority is 
 
 * excepted, as well in the Conftitutions already made, as in thofe 
 
 * which are to be made hereafter. 
 C O N S I U E RATION the Eighth. ' The Fullnefs of the 
 
 * Ecclefiaftical Power is in . the Church, as in its End, which is the 
 
 * Edification of the Church -^ and,by virtue of fuch Power, it may re- 
 ' gulate the Ufe of it with regard to the Pope, either by itfelf, or by 
 
 * a general Council, which duly reprelents it. The Realbn is, be- 
 
 * caufe the Pope, in whom that Full Power refides, as in its Subject, 
 ' is liable to Sin and Error, by making Ufe of his Authority to the 
 
 * Deftru£tion of the Church, as nuicJa as his College of Cardinals, 
 
 * becaufe they are not confirm'd in Grace and Faith. 
 CONSIDERATION the Ninth. < The Ecclefiaftical 
 
 * Power of the Pope has not Inch Dom.inion over both Temporals and 
 
 * Spirituals, as to make him the arbitrary Diipofer of the Eftates of 
 
 * the Clergy, altho'he may be granted to have a fort of Dominion, 
 
 * which conlifts in Direftion (1).' Gerfon guards here againft two 
 Extremes, which People are apt to run into, on the one Hand, from 
 a Principle of Envy, which deprefies the Ecclefiaftical Power lb far,, 
 as to fubjefl: it to the Temporal Power ^ and on tlie other hand, 
 from a Principle of Flattery, which railes the Ecclefiailical Power to 
 an extraordinary Height, and lets it, as it were, on a Par with the 
 moft High, by confounding the Prerogatives of both Powers (2). 
 Tho' Gerfon does not Name either IVickViff ox. John Hns, 'tis plain 
 that, by the firft of thofe Extremes, he had an Eye to both of them, 
 becaufe they taught that the Clergy ought to have no Temporal Ju- 
 rildiftion :, that the Tenths and Otierings were mere Alms •, that the 
 Temporal Nobility may deprive the Clergy of their Eftates when 
 
 (1") Quarnvis concedi debeat quod ha- (2) Altera fuftulcbat 'n imraenfum ve- 
 
 bet in eis dominium quoddam rcgitivum, lut ad fimilitudiuem Aluffimi. 
 diredivuiin, icgulativum, & ordinativum. 
 
 thej^.
 
 S^ Ihe Hifwry of the Council ^/ C o n s T a n c is.' 
 
 I,; 17, they put them to a bad Ufe j that all the Clergy enjoy above what h 
 neceffiiry, belongs to the Poor, and that 'tis a Robbery and Sacrilege 
 to detain it ; that the Clergy ought to be reduc'd to the Poverty of 
 •the Apoftles, and to live without Pomp and Superfluity. But Gerfon 
 ieems to be much more mov'd by the Extreme, to which fome arc 
 <arry'd in this Matter by Flattery. ' This, fays he, is tha 
 
 * Language with which artful Flattery commonly tickles the Ears of 
 ' the Clergy, and elpccialiy of the Pope. How great and fublime is 
 
 * your Ecclefiaftical Power, O facred Clergy ! In Comparilbn of yours, 
 ' the Temporal Power is little or nothing. For as all Power was 
 ' given to Jellis Chrift in Heaven and in Earth, fo Jefus Chrift gave 
 ' it to St. Peter and his SuccefTors. So that when Conjiantine made 
 
 * his Grant to Sylvefter, he gave him nothing of his own, and only 
 
 * reftor'd what had been unjuflly with-held. As there is no Power 
 
 * but of God, Rom. xiii. i. fo there is no worldly Power, whether 
 
 * Ecclefiaftical, Imperial or Royal, but what cometh from the Pope 
 ■* on whole Thigh Jefus Chrift has written, King of Kings, and Lord 
 
 * of Lords, I 'Tim.v'u \<j. 'Tis therefore a kind of Sacrilege to dilpute 
 
 * his Power, becaule no Man can fay to him, fVhy doefi thou thus?'' 
 May I be branded for a Lyar, continues Gerfon, if thefe Things are not 
 to be found 'written by Perfons 'who pretend to be very "wife and learnedy 
 and if there are not Popes who have bclievd it (i). 
 
 G E RSO'N agrees, however, that there is a fort of Flattery not 
 altogether fo grofs and impudent, which, for the fake of Probability, 
 is fometimes made ule of to exalt the Pope's Supremacy. ' 'Tis not 
 
 * controverted, fays he, that the fecular Power has Poffeftions and 
 
 * Jurifdiftions of their own, which the Pope cannot difpofe of at 
 
 * Pleafurei and 'tis acknowledg'd, that Conftantine and the other 
 
 * Princes have beftow'd new Grants upon the Church. But 'tis af- 
 
 * firm'd, at the lame Time, that the Pope is Monarch of the 
 
 * Church \ that he has receiv'd fuch Power from Jefus Chrift imme- 
 
 * diately, not only in Spirituals, but alio in Temporals^ and that the 
 
 * other Kings and Princes receive tlieir Power from the Pope imme- 
 *■ diately, and from God by means of the Pope. This fupreme Au- 
 
 * thority, and this Independence, with which the Pope is flatter'd, 
 
 * is lb necelTciry, and (b certainly eftabliUfd, that whoever dares to 
 
 * dilpute or oppofe it, either in the Church, or without the Church, 
 ' is liable to be prolecuted by the Sword of Excommunication, if they 
 
 * are Catholicks, and by the Temporal Sword if they are Infidels, 
 
 * to fuch a Degree, that the latter may be fubdued, and their Eftates 
 
 (fi) Here he applies thefe Vcilcs o( yuvetial to the Pope's Delufions, 
 
 Sihil efl cfuod tredtre de fe 
 
 tioff pojfitj cum laudatur Dit <j»-i potejfas. Juv. Sat. IV. v. 70, 71. 
 
 2 * given
 
 The Htjiory of the Council of C d n s t a k c e .' 3 5 
 
 * given to others.' This, fays Gerfon^ is -what Boniface VIII. pre- 1417. 
 
 tended in a certain Btill-^ and ''tis upon this Foundation that the Teutonic L/'V'Sj 
 
 Knights have pretended to a Right of feizing the Lands and Revenues of 
 
 the Pagans (a). Mean Time, Gerfon owns, that there are feme Ca- (-») See above 
 
 non Lawyers who do not give fo large an Extent to the Pope's Mo- ^ ^}^. ■^"• 
 
 narchical Power ^ and who fay, that as before St. Peter there were yvvviIL 
 
 lawful Empires among the Inlidels, fo fince St. Peteis Time there 
 
 have been Empires which do not immediately hold their Power of the 
 
 Pope, particularly the King o^ France (i), who acknowledges no 
 
 Siiperiour upon t^arth •, yet thole very Canon Lawyers extend the 
 
 Pope's Empire and Dominion, over all the Dignities, Offices r^nd 
 
 Eftates of the Clergy in fuch manner, that he may, at his Pleaflire, 
 
 transfer, appropriate or model them how he pleales, without Check or 
 
 Control, the Pope not being liable to tranfgrefs in this Refped, nor 
 
 to be guilty of Simony, becaufc all is his. As for Gerfon he rtcers 
 
 a Medium betwixt thefe two Extremes. He is for having the Clergy's 
 
 Title to their PofTefflons i'o lecure, that the Lay Princes may not dii- 
 
 poffefs them without Injuftice, and that they Ihould live more commo- 
 
 dioufly and honourably than the Apoflles, except the Monks, whofe Lives 
 
 ought to be more auftere. As to the Pope and Cardinals, he does 
 
 not difpute their having the Direction of the Revenues of the 
 
 Church, nor their taking fuch a Part of them as is neceifary for a 
 
 handfome and decent Maintenance, but not to that Degree as to 
 
 make the Head fo big as to over-burden the Members, becaufe if 
 
 the Head or Eye were to have all, the Foot would have nothing. 
 
 'This, lays Gerfon, has a Fieiv to the Collation of Benefices, the odious 
 
 Multiplicity of Exemptions^ the Refervations of Cafes, Jppeals to the 
 
 Pope, as well in Prophane Caufes as in Matters of Faith, which of 
 
 Right appertain to the Ordinaries. The Ecclefiaftical Power, continues 
 
 he, ought to be kept within Bounds ; and fiould always remember^ 
 
 that the fecular Power, even among the Infidels, has its Prerogatives, 
 
 which the Ecclefiajlical Pozver cannot ufurp. In this, according to 
 
 him, confifts the Fullnels of the Pope's Power, which he pretends to 
 
 be much greater in the Catholick Church, or in a general Council, 
 
 which reprelsnts it. "'TIS greater, lays he, in the general Council by 
 
 its Ei.tent, by its DireFlion, which is infallible, by its Prerogative to 
 
 reform the Manners of the Head and Members, by its Authority to refrain 
 
 the Wicked, by its Capacity in the Decifions of Matters of Faith. After 
 
 this, he gives the following Definition of a general and oecumenical 
 
 Council. ' A general Council, fays he, is an AlTembly, convoked 
 
 ' in a certain Place by lawful Authority. It ought to be compos'd 
 
 (0 K. 3. Ger/c» calls the Kin:- of FMwe MOST CHRIST I A|N, R« Frmt- 
 rum CHRISTIAI^ISS IMV'S. ~ 
 
 Vol. IL E < of
 
 34 3"'^'? f^'J^^^'y of t^^^ Council of Co n s t a n ci". 
 
 T41-'. * orall the-Hierarchical States oftheCatholick Church, and no Believer, 
 
 L/'S/''%J ' wlio dcfires Audience there, ought to be excUided from it. The 
 
 ' View of iuch Council is to treat of and order every Thing which 
 
 * relates to the good Governnient of the Church in Faith and Man- 
 
 * ners.' Then proceeding to an Explanation of the laid Definition, 
 he lays, that regularly, according to the Decrees and Decretals, 'tis 
 in the Pope's Breaft to allemble the Council, but that however there 
 are three Cafes wherein a general Council may be legally alfembled 
 without the Pope. The firft is, when he is dead, either naturally or 
 m a civil and canonical Senle, by being depofed j when he is hoh com- 
 pos nienth \ or when by his being made Prifoner no Accels can be had 
 to him. The fecond Cale is, when having been duly requir'd to af- 
 femble a Council, the Pope obllinately refuies it, to the Prejudice of 
 the Church, efpecially when an Affair is depending which concerns 
 himfelf Ihe third is, when a Council, lawfully alfembled by a 
 Pope, has relblv'd to afTemble another at a certain Place, and at a 
 certain Time, as at the End of every three Years, or every ten 
 Years. If the Pope refufes to aflemble it by fuch Time, it may be 
 affembled without him. As to liich who ought to be prefent at the 
 Council, he divides the Hierarchical State of the Church into two 
 Clalfes. In the firft, he places the great Prelates, v.ho, according to 
 him, are the Succelfors of the Apoftles, as the Bifhops, the Arch- 
 billiops, and all above them. The lecond Clafs is compos'd of the 
 Prelates of the lecond Order, who, he pretends, are the Succelfors 
 of the feventy two Dilciples. Thefe are the Curates, to whom 
 he afcribes, according to the Common Law, and the Inftitution of 
 Jefus Chrift, three eminent Hierarchical Offices, viz. Purifying by 
 Gorreition, inftruiling by their Dodbine and Preaching, and perfecting 
 by the Adminiftration of the Sacraments. Having laid that no Be- 
 liever, who defires to be heard, ought to be excluded from the 
 Council, he diftinguiflies thole who are capable of voting in fuch AiTcmbly 
 into two forts. C)f thefe, the one have only a Right to confult and 
 to give their Opinion and Advice j the others to decide. The for- 
 mer are underftood to be Perfons experienc'd in the Matter before 
 them, not excepting even Artificers \ for Inftance, when the Repair 
 of Churches is the Thing in Hand, Architects muft be confulted with. 
 When the Point in Debate is any Queftion of Philofophy and Mora- 
 lity, as the Precepts of the Decalogue, the Laity ought to be con- 
 iijited who are skilfd in Philofophy, the Laws and t thicks, which 
 is often attended with better Succefs than confulting of the Prelates, 
 Curates, and even the Doftors of Divinity. Gerfon here aflerts 
 it as Matter of Faft, that in the general Councils which were lield 
 againft Ariu$^ in the Time of Athanafms^ a Papan Philofbpher was in- 
 terrogated on the Subject of the Trinity. As to thofe who have a 
 
 deciiive
 
 The Hijtory of the Council <?/ Constance. 35 
 
 decifive Voice, he gives an indifputable Right to the Bifhops and 14 17. 
 
 great Prelates, but he does not in the leaft doubt that there ought L/'S/'%J 
 
 t) be joyn'd with them the Prelates of the lecond Order, the Curates, 
 
 all that are in any Hierarchical Degree, and that have Cure of Souls j 
 
 as, feveral Abbats, Deans, Provofts, or Prefidents of Collegiate 
 
 Churches, ^c. Upon this, he quotes a Decifion of the Faculty of 
 
 Divines at Paris, which had been lately publifh'd, againfi the Pre- 
 
 fumption of thofe who Tet the Privilegd Clergy (that is, the Monks) 
 
 above the Curates, in t''e FunHions of Preaching and Confeffion. The 
 
 Gentlemen Curates (fays the Faculty 0^ Paris) are the Prelates of the 
 
 fecond Order, and, according to the primitive Inflitution of Jefus Chrifl^ 
 
 they are a Part of the Ecclefiafiical Hierarchy. To tbcm appertains the 
 
 Right of Preaching, Confeffing, Adminiflring the Sacraments, Burying the 
 
 Dead, Receiving the Tithes, and other Dues annex" d to ParifJjes. But 
 
 the Cafe is not the fame 'with the Mendicant Fryars, hecaufe they have 
 
 only this Privilege by the Permiffion of the Prelates. Thus have I in- 
 
 lerted the moft important Articles of tliat Difcourle, which he pro- 
 
 nounc'd on the 6th oH February, 141 7 {a). This was all that pafs'dC")'' i- Wan-. 
 
 after the Emperor's Return till the XXVIIth Seflion, to which we T- IJ- p. 
 
 are now to proceed. T ^v'l.^ 
 
 XI. This is the firfc that was held after the Return of the Em- SESSION 
 peror Sigifinond, who was therein prefcnt. It has been obferv'd, that T w e n t v 
 Frederick of Juflrici, had quitted Conftance, the fecond time, clan- Seven 
 deftinely. The Council had waited for Sigifmond's Return to execute !j. '^■"'"^*> 
 the Monitory which had been relblv'd upon againft that Duke, be- irg'». 
 caule the Emperor was perlbnally concern''d in his Difobedience. 
 Therefore it was rcfolv'd in this Seflion to funimon him again, in 
 order to proceed againft him to a Sentence of Outlawry. Five Com- 
 millioners were alfb then nominated, viz, John Patriarch o^ Antioch, 
 'John de Dtilmene Bifliop of Lubeck, Cafpard de Perufa Abbat, Gonfal- 
 vo Archdeacon of the Church of Burgos, and Robert Apalton a Pre- 
 bendary o'iTorkj to jud'j;e of the Matters in Difpute between LeWy of 
 Bavaria of Tngoldfat, Brother-in-Law to the Ring of France, and 
 the Abbat and Fryars of a Monaftery ot Ciferiirns, in the Diocefe of 
 jiugsbourg. The Abbat complain'd of a great many Acts of Violence 
 and Outrage which the faid Duke had committed againft his Mo- 
 naftery. The Council order'd the Commiffioners to himmon the 
 Duke oi Bavaria and his Adherents by a Alonitory. Nothing el(e 
 pafs'd in this Seflion, except fome Propofals therein deliver'd for filling 
 up vacant Churches or Abbeys, particularly the Bilhopricks ofAIarnif 
 Cajfano, in the Kingdom of Naples, &c. 
 
 Two Days after this, the Emperor gave the Inveftiture of the 
 Eleftorate of Mentz to John de Naffaw, Archbifhop of the laid 
 Diocefe. 'Tis proper to obferve here, that, by Rcafon of his Epil- 
 
 E 2 copal
 
 5^ 77?^ Hijlory of the Council <?/ C o n s t a n c e. 
 
 1117. copal Charafter, he received the laid Inveftiture in the Emperor's 
 Palace, and not in publick, as the Temporal Princes do. The Pah' 
 tine and Saxon Ele'iors, together with Frederick Burgrave of Nurem- 
 berg^ vf horn we ftiali loon lee an Eleftor, affifted at the Ceremony. 
 For the Realbn aforeHiid, the Archbilhop did not kneel before the 
 Emperor, as the Temporal Princes did on theh'ke Occafion, but only 
 bent his Body when he receiv'd the Marks of his Dignity. 
 A Chapter yjn ^-j. ^]^^^ Junfture, a Chapter o.f the Befiedi^ins was alTembled 
 ta^ns ^^''"' ^^ Peterfiaufen. As I thought the Pnblick would be very glad to 
 have an Account of fo celebrated an Order, I have thereupon conr 
 fulted a Friend of mine, eminent as well for his Probity as for his ex- 
 tenfive Eearning, and who could not but be thoroughly informed of 
 what relates to the Benedi^ins (1). He did me the Favour to com- 
 municate the following Memoir to me. 
 
 The Council of Co«y?rtwc, who had relblv'd to procure the Refor- 
 mation of all the Eftates of Chriftendom, tliought it their Duty to 
 reform the Monaftick Order, which was at that Time in a State of 
 very great Irregularity. 
 
 The Black. Monks^ as the Benediclins are calFd by the Council, 
 from the Name which is given them in the Canon Law, and even in 
 the capitular Decrees o^ Charlcniain, are the Remains of the ancient 
 Monaftick Order of the Weft. They derive their Name of Benedi&ins 
 from St. Beriedi^, Author of the Rule of which they boaft to be Fol- 
 lowers, tho', ftriiUy fpeaking, 'tis follow'd in no Place, not even in 
 the moft reform'd Congregations. 
 rpagt, ait Sc. B E N ED icf liv'd in the fixth Century, and, according to 
 «». DXLIV. the moft eftablifh'd Opinion, he died in the Year of our Lord DXLIV. 
 n.xii. The Monks of his Order pretend, that his Rule was immediately re- 
 
 ceiv'd in France and Italy., or rather in all the Provinces of the Latin 
 Worfliip. Neverthelefs, to Ipeak the Truth, this Opinion is fi^r from 
 being fo well founded, as they fancy. The Monaftick Life was efta- 
 blilh'd in the Weft long before St. Benedid:, and, not to mention a 
 Crowd of Witnefles and Authorities that might be produc'd, Claudius 
 Rutilius NnmatianuSj a Pagan Author, who liv'd in the Beginning of 
 the fixth Century, complains of the Multitude of Fryars that fwarm'd 
 in fome of the Iflands of the Mediterranean Sea, particularly the fa- 
 mous Capraria (2). Every Body knows that the Ifle of Lerina, now 
 call'd the Ifle of St. Honore near Marfeilles, was, in the Time of St. 
 Jugujlin., inhabited by a great Number of Monks, of whom fome 
 were very learned. 
 
 (0 M. y. La Croze, the King of Prujfta's Librarian and Antiquary at Berlin. 
 (2) Prtceffu Pelagi jam fe Capraria tollit, 
 Squalht lucifugis Jnfuta plena Viris. 
 J}^ ft Mouacpm Craic cogmmine dUunt, &c. Itin. Rutil. Lib. I. v. 439, &»f. 
 
 3 EVERX
 
 The Hijiory of the Council 5/ C 6 n s t a n c e. ^7 
 
 Every Abbat was then a living Rule to his Flock^ and if any of 1417, 
 them undertook to write a Regulation for the Behaviour of his Monks, \y\r\J 
 he did not thereby pretend to prefcribe Laws to the other Monafte- 
 ries. This is what St. Benedi6l hinrifeif own'd in the laft Chapter of 
 his Rules (1), wherein he refers to the Monaftick Inftitutions of C^?/- 
 fien, and to the Rules which are afcrib'd to St. Baftl. 
 
 Tho' fuch Monaftick Rules were prodigioufly niultiply'd, yet as 
 St. ^w£'('//J?''s Inftitution had more Particulars than the reft, it eftabliili'd 
 itfelf by Degrees, and infenfibly eclips'd all the others. We cannot 
 exatlly come at the Time when this happen'd, but there are certain 
 Proofs, that in the Beginning of the ninth Century this Rule had ac- 
 quired a great Authority in all the Countries that were of Charle- 
 main's Obedience (a). However, the other Rules did not entirely {a) pagl cri- 
 lole their Authority, not even after the capitular Decrees of the Jim- //V. w ^»»a/fr 
 peror Lewis le Debonnare, which enjoyn'd all the Weftern Monks to ^'"■'""""' ""• 
 fubmit to the Obfervation of the Rule of St. BenediSl Q). The Su-f^^-^^^lj'^^ 
 periority of this Rule did not io iar derogate from the others, as to^. gi^^nl"" 
 hinder them from being confulted when it was necellary. BensdiS^ ^. * 
 Abbat of Jiiiane made a Ibrt of Digeft, which he intituled the 
 Code ol Rules (2). 'Tis very probable that all the Abbats had the 
 like Colleilions for the Conduit of their Inferiors, and that 'twas this 
 in which then conHfted the Code, or Monaftick Canon Law. 
 
 As it was impoftible but thole Monaftick Laws, collected from all 
 Quarters, Ihould Ibmetimes contradi£t one another, the aforelaid Ab- 
 bat cti An'iane did in this refpeit v:]x\.X.Gratian did afterwards with re- 
 gard to the Canon Law. He wrote another Book, wherein he made 
 a Comparilbn between all tlie ancient Rules and that of St. Benedict^, 
 and gave it the Title of the Harmony of Rules (,), juft as Gratian in- 
 tituled his famous Collection of the Decrees, the Harmony of the 
 Canons (|). 
 
 Such therefore was the Monaftick Code in the Weft till the 
 Time of Lewis le Debofinaire, and later. St. BenediEl's Rule prevaifd. 
 only by Degrees, partly by the Authority of the Princes and Pre- 
 lates, and partly becaule Experience Jliew'd, that as it was the clear- 
 eft of all the other Orders, fo it was the moft adapted to humarj 
 
 (i) Reg. Benedict, c. 75. Getcrum ad vp ancient MS. It was printed sx Paris. 
 
 perfeftionem converfationis qui fcftinant, in 4to. 1663. See Pagi ad Ann. 819. u. 
 
 fiint E)o£lrina2 SanSovum Patrum, — necnoii VI. 
 
 & Q)llationes Patrum, & Inftituta & Vi- (3) Concordia Regularum, frinted at 
 
 tx eorum, fed & rcgula San£li Patris no- Paris, in 410. in 1638. 
 ftri Bafilii, Qpc. (4) Concordia difcordantium Cano- 
 
 (2) Odex Regularum; Duke of HJJlein num, i. e. The Harmony of janitig Ca~ 
 
 has brought this Work to Light out of nws, ' ~ ' 
 
 Frailty^
 
 g8 The Hiftory of the Council <?/ C o n s t a n c e. 
 
 1417. Frailty, according to the Encomium beftow'd upon it hy Gregory the 
 j,„/^V"\j Great, or the Author of the Dialogues (i), to him alcrib'd. 
 
 The true Origin there foi'e of the BenediSlins muik be plac'd in the 
 ninth Century. It was not thought improper to give a brief Account 
 i:i this Place of all the moft probable Circiimftances relating to the firft 
 Beginnings of this celebrated Order, becaule of the many great Men 
 that have Iprung from it, to whom the World is obliged for the 
 Prefervation of the greateft Part of the Remains of the ancient Mo- 
 numents of the Latin Tongue. What with the Simplicity of the 
 People, and the Liberality of the Princes, this Order grew richer 
 than can be imagin'd. The prelent Age may eafily be convinc'd of 
 this by what ftill remains to the Order, after having loft Hich a 
 Number of Benefices, as well by their htm^ fecularis'd, as by the Ava- 
 rice of the new Comers, fbme of wliora feem to have made a Vow of 
 Poverty, for no other Realbn but to have a Pretext for inriching them- 
 jfelves with the Spoils of the ancient Monaftick Order. 
 
 Riches had the fame Effect in thofe Perlbns who made a Profeflion 
 of being dead to the World, as they generally produce among other 
 Men in Life, who do not pretend to fo much Regularity. Their 
 dilbrderly Lives gave Occafion to feveral Reformations, particularly 
 thole of Cluni and the Cijlertians ^ but in Time thofe Reformations 
 were lb corrupted, that the Monaftick Life grew into lamentable Con- 
 tempt and Decay, the Ignorance of the Monks being as grofs as their 
 Corruption was, which is the common Cafe of all the Societies. To 
 redreis thele Diforders therefore as much as poffible, the Council 
 ilimmon'd a Provincial Chapter of the Diocefes ol Mentz and Bamberg 
 to meet at the Abbey o'i Pet cr/haufeitj near the Bridge of ConJIance. 
 It appears by the Tenor of the Decree, which was dated the i8th of 
 February, 1^16-, and direded to the Black Monks of the German 
 Nation, that the Fathers of the Council had only the German Monks 
 in View at firft, either becaule they had more need of a Reformation 
 than others, or becaule that being nearer at Hand than the others, it 
 was thought fit to begin with them, to the end that the other Monks 
 of the lame Order might afterwards be induced, by their Example, 
 to embrace a kind of Life that was more edifying and more conform- 
 able to their Rule. 
 
 The Provincial Chapter was celebrated according to the Decree 
 
 ^"yTnar of the Council, and began the 28th of February, 14 17, by a Proccf- 
 
 '1 I.p.1092. fion of thirty fix Abbats, twenty two Priors, and three hundred and 
 
 CIV. 1103. feventy thixz Bemdi^m Monks. The firft Thing they did was to 
 
 eled Prefidents of the Alfembly, as the Council had order'd in the 
 
 (i) Dia'ogoriim, L. II. c. j5. Sciipfit Monachorum Regulam, difaetione prscipuam, 
 Scrmone k«ulentam. 
 
 2 Decree
 
 The Hiftory of the Council <?/ Constance^ 39 
 
 Decree for calling tJiem. Theie Prefidents were Leivis Abbat of Tour- 14 17.' 
 w<s in the Diocefe of Chalons^ Thomas Abbac of Tork in England., Si- \ 
 froi kh\y&t oi Elvang in the Diocele o^ Jugsbourg, and John Abbat of 
 (r) St. George in the Diocele of ConJJance. To enlarge in this Place 
 upon the Regulations that were eftablilh'd in this Allembly, would be 
 as tedious as impertinent. The whole confifted of Monaftick Cultonis, 
 which are of no Importance nor Edification, and which, at this Day 
 moreover are out of Faihion, the Face of Things being very much 
 alter'd fince that Time. One Remark may be fufficient to ihew up- 
 on what footing the Abbats and Monks of the Order of St. Benedi£l 
 then itood in Germany. The Provincial Chapter made a Rule, that 
 the Monafteries and Abbeys of the Order ihall have Abbats for their 
 Vifitors, who, after their Vifitation, fhall make their Report to the 
 next Provincial Chapter, and none of thofe Abbats., lays the Aflembly 
 at PeterJJjaufen., Jhall carry with him above livelve Horfes : A Regula- y.d.uarJtT. 
 tion which ihews, that by re-eftablifhing the little Rules of a Mona- ^- P- ^^°^- 
 ftick Life, they did not pretend to ftrike at the Pomp and State of 
 the Prelates of the Order, tho' perhaps 'twas this that had moftNeed 
 of Reformation. 
 
 But the Emperor S igi /hiond rui^y'd the Decrees and Regulations ?' <^ «'"'''* T, 
 of this Affembly byan Aft, dilpatch'd at Conftance in the Month of^ P- ''^^'a 
 February., 1418. The Reformation, which the Provincial Chapter at '■"^' 
 Peterjlmufen fet about by the Authority of the Council, would have 
 produced no ElTeft, if an honeft Monk, of the Abbey o\' Rheinfljaiifen 
 in the Diocele of A/>«/z, had not been inlpir'd with ^o much Zeal as 
 to undertake, by himfelf, that which the Prelates of the Order 
 ftem'd to do but very indilferenlly and carelefly. This Monk, 
 whole Name was John, addrels'd himfelf to Otho Duke of Brunpwick 
 and his Duchefs, who was Sifter to the Landtc.ave of Thuringen, and. 
 a Princefs of great Piety, if we may believe the Report of the Abbat 
 Tritbemius. At the Time that this Monk was Ibiliciting the Duke 
 and Duchels to co-operate with him for the Re cftablilhment of the 
 Monaftick Order in Germany, the Abbey of Chifen, in the Diocefe of 
 HildeJIocim, became vacant, by the Death of a Prelate who was in 
 the PoiTeflion of it, and, at the Interceflion of the Duchefs, this 
 Monk, lb zealous for Reformation, was preferr'd to it. He imme- 
 diately began to eftablifh his Rules there, conformably to the View of 
 the Chapter and Council ^ but the Fryars of this Abbey being ac- 
 cuftom'd to a licentious Life, abandon'd him all to a Man, and left 
 him by himfelf in his Abbey, to live according to the Laws he there, 
 defign'd to eftablilh. This Difficulty did not daunt our Reformer, 
 
 (1) Thus it ought to be read, according to TrithemiM Chri>n> hirfaug^ Ton3. II. 
 P 34S. ^ 
 
 for,,
 
 4© The H'tpry of the Council 0/ C d n s t a n c eT 
 
 14 1 7. fofj wich the Duke of Brunfivkk's Permiffion, he found Means to 
 
 \,y^\r\J transfer himlelf, at the Head of fome obedient Monks, to a min'd 
 
 Abbey, call'd St. Thomas de Bursfeld, in the Diocefe of Mentz, 
 
 from whence his Reformation ipread by Degrees over all Germany, 
 
 where it is to this Day kept in great Monafteries, 
 
 This fhort Detail was in fome fort neceifary to fhew what were 
 the Effeftsofthe Decrees of the Council oT ConJia?ice with Regard 
 to the Monaftick State-, and I thought it the more proper to mark 
 the Beginnings of the Rule which was eftablifh'd in the Congregation 
 of Bursfeld, becaufe it may be affirm'd, that for thele two Centuries 
 paft this fame Congregation has ferv'd as the Model of two others, 
 which are become tamous in the World ; I mean the Congregation of 
 St. Fannes in Lorrain, and that of St. Maur in France. 
 Teh. 28. It muft be about this Time that a Sermon was preach'd upon 
 
 thele Words, Behold, noiv is the Day of Salvation, with a View to 
 haften the Work of Reformation. If we may take the Preacher's 
 "Word for it, who is not nam'd, the Council chiefly confifted of Li- 
 bertines and Hypocrites. ' Abundance of Paper, fays he, is ftain'd 
 
 * with Projefts for a Reformation, but none are admitted, and there's 
 ' ftarce a Man in this Council that is reclaim'd. There are many 
 ' Pharifees among them who lay heavy Burdens upon Mens Shoulders, 
 
 * but they themfelves will not move them with one of their Fingers. 
 < Among the common People, there are fome indeed who make edi- 
 ' fying Reftitutions, or give the Poor an Equivalent of what they have 
 
 * robb'd, but as for the Clergy, they never make Reftoration.' He 
 iays, that the Sins of Avarice and Simony are lb general, that they 
 have infeded all the Members of the Church from Head to Foot, 
 except a very finall Number, ivho have not yet taken the Mark of the 
 Beafl. The Sermon concludes with a long and pompous Panegyrick 
 upon the Emperor, than which we ihall fcarce find one more extrava- 
 gant. 
 
 SESSION XIII. There was no memorable Tranfa£tion from the XXVIIth 
 
 T w E N T Y to the XXVIIIth SelTion. The firft Affair which was brought iip- 
 
 ^ M V-" °" ^^ Stage in this SefTion was that of the Duke of Juflria. It 
 
 r A Hat 't ^'^^ ^zzn relblv'd, in the preceding SefTion, to liimmon him once more 
 
 IV'. p. 1 103. before the Execution of the Monitory which was decreed againft him 
 
 on the 2cth oi Febrtiary. They declar'd therefore in this Seflion, that 
 
 the Citation having been made, and the Duke not having appear'd, 
 
 he was a Rebel, and perjur'd, and as fuch, depriv'd of all Honour 
 
 and Dignity, and i .capable of enjoying any, either he or his Defcen- 
 
 ,; dants to the fecond Generation, as well as his Adherents, and deli- 
 
 ver'd over to the Emperor's Juilice. As to his Excommunication, the 
 
 r. d. Har. uhi Bifhop of Traw in Daimatia was nominated to put it in Exe- 
 
 /</. p. 1125. ^ution. 
 
 The
 
 The Hijlory of the Council <?/ C o n s t a "n c e . 41 
 
 The Arragonefe ftarted a Difficulty by Reafon of this Sentence. 1417. 
 After John XXIII. was dcpos'd, and Gregory XII. refign'd, the v.^-'V^^^ 
 Council us'd to put in the Date of their Decrees thefe Words, The v </. H^r*, 
 
 Apflollcal See being vacant. This Claufc, one would have thought, "^^ ^^ P- 
 ftiould have been admitted, by general Conlent, after the whole t%' g|f 
 Obedience of Benedi^ XIII. had abandoned him, but elpecially that " ' ' "'' 
 it would not have met with Oppofition from the Arragonefe^ becaule 
 they had been iblemnly united to the Council on the 15th oi'OSlobcr^ 
 i4i(^, and in the XXIVth SefTion, which was held the ?Sth ofr. d. Hardi, 
 November J the liime Year, this Claufe is formally inferted in the Bull T IV. p. 99 j* 
 againfl: Benedicl XIII. without being oppos'd by the Arragonefe that 
 were prefent, at leaft as far as appears by the Afls. The fiimc Claufe 
 appears alio in the laft Citation, which was decreed againft the Duke 
 of Auftridy on the 20th of February^ 141 7. Mean time, the A£ls of 
 Brimfwlck and Leipfick tell us, that in this XXVIIIth Seflion one ofr. I iiardt^ 
 the Ambafiadors of the.King of Airagoa protefted againft this Claufe,"^'/"?- P- 
 becaufe, find he, the Apoftolical See was not yet dcera'd to be va- ' '**'• 
 cant. 'Tis true, that Benedicl was not yet depos'd -^ but as the Spa- 
 niards had renounc'd his Obedience, and as they had united to the 
 Council for the Election of a new Pope, this Difficulty can only be 
 imputed to fome fecret Difgufi; : Neverthelefs, after having made 
 this Proteftation, they approved of the Sentence. 
 
 But this was not the only Difficulty that arole in the prefent 
 Seffion. The Englip had hitherto made a Nation in Council : But 
 after the Spaniards were united, the latter challeng'd the fame Right, 
 and difputed it with the Englifi. The Aflair was hufli'd at firft by 
 the Mediation of the Elector Palatin \ but in this Seffion it was re- 
 viv'd by the French, who had already Ipoke of it, to no purpofc, in a 
 certain AfTembly of the Nations, as appears by their Memorial, y ^ jja^/f 
 The Glory of the French Nation, and the Intereit of all the other T. VI. p. 5! 
 Nations, was the Pretext for ftarting fb imfeafbnable an Incident. 
 But 'tis highly probable that the Mifunderftanding and the War, 
 which at that Time flam'd out more than ever betwixt France and 
 England, was the true Caufe of it. The French, perhaps too, were 
 pulh'd upon it by the Italians, who did not care to have the Num- 
 ber of the Nations incrcafed, that they might have the fewer Votes 
 to gain in Favour of the next Pope \ and by the Spaniards, who had 
 before made a Clamour upon that Head. Be this as it will, John de 
 Campagne, one of the Proitors for the King of France, had fcarce be- 
 gun to read his Proteft againft the Right claim'd by the Englip to 
 make a Nation in the Council ; but a general Murmur arole on a fud- 
 den againft the faid Proteft, as a Piece of unjuft and fcditious Chica- 
 nery. The Affair grew warm, and fo many dilbbliging and injurious 
 Things were faid on both Sides, that the ProiSor was not able to 
 
 Vol. II. F proceed
 
 4^ 7he Hijlory of the Council <?/ C o n s t a n C es 
 
 1417. proceed, and therefore contented himfelf with making his ProteH: viva- 
 vv^'V"^^ voce, anA demanding a Record of it. But the Emperor forelceing 
 the fatal Conlequenrcs witJ: which this Aifair would be attended, with 
 Regard to the Council and the Union of the Ghurcli, made a Re»- 
 prelentation, by one of his Proftors, that the Procedure of the French 
 Arn'oaiTadors was unprecedented, and that till then nothing had been 
 read in the Council, but by the Confent of the Nations, and by Or- 
 der of the Council itfelf, which, on this Occafion, was neglected. 
 Afterwards the Emperor himfelf defir^d Advice in quality of Advo- 
 cate, of the Council and the Church, to hinder their Proceeding 
 with that high 'Hand for the future, reprelcnting, that as he himftlf 
 was not willing to undertake any thing without the Agreement of the 
 AlTembly, every Body eife ought to be fubjefl: to the lame Decorum. 
 TheTryal XIV, Til IS being a Matter of Importance and Singularity, the 
 between the Reader perhaps will not be difplealed to Jee the Arguments brought 
 ^h^iv^ ^y '^'^° French, and the Defence made by the Englijh. Sir Robert 
 r///fii^^ fllngfieU, Amhz^z<^or from the King o'i England to the Emperor 
 T, 11. p. 5j'. Maximflian, met with the Briefs of this Tryal among the MSS. of 
 Conftance, at the Beginning of the XVIth Century, and caus'd them 
 to be printed at Louvain in 15 17, but they Were all full of Errors. 
 M. Fon der Mardt, having had the good Luck to meet with a more 
 correct Copy among the MSS- of Leipfick, has communicated it to 
 the Publick in the fifth Volume of his ColkftiOn, and from that Copy 
 the following is an ExtraO:. 
 
 The French begin with the Declaration ufual upon the like Occa- 
 fions, that they have no other Intention than the Welfare and Union 
 of the Church, the happy Progrefs of the Council, the Advantage of 
 Ghriftendom, and the Intereft of the Kingdom of France, without 
 the leaft View to difoblige England, or its Ambafladors. Then they 
 lay, that the Point in Queftion is not to know in general whether 
 the Engliflj make a particular Nation, or Kingdom, which they don't 
 difpute, becaufe they even grant thole Titles of Nation and Kingdom 
 to people who have no Ring that is properly their own •, but that what 
 they mean is only, that the EngUJJ} cannot make a Nation in the Coun- 
 cil, nor have the fame Voice and Authority there as a fourth or fifth 
 Part of Chriftendom, and which may be equivalent to the Voice and 
 Authority of all Italy, or all France, or all Spain, or all Germany, be- 
 caufe thefe four Nations contain Kingdoms and Nations, each of 
 which can zc^^7\ England. 
 3a,r-(? To fupport this Pretenfion, they quote the Authority of Benedidi 
 
 XII. who divided the Pope's Obedience into four Nations, and in 
 that Divifion reckoned England with Germany. They add, that upon 
 another Occafion, the lame Pope being to make a Diftribution of 
 
 Chriften-
 
 The Biftory of the Council i?/ C o n s t a n c e. -43 
 
 Chrifliendom, for the Celebration of the Chapters of the BenefUSlins] ^417- 
 
 he divided it into Thirty fix Provinces, and that in this Divilion he ' 
 
 allow'd lix Provinces to France, and but two to Englmd, viz. llrk and 
 Canterbury., a Divifion which, fiy they, muil be the more unexcep- 
 tionable, becaule Bcncdiit, being of Bourdeaux, and confeqiiently a 
 Siibjed of the King of England, it was natural that he iliould favour 
 that Kingdoiti. From whence 'tis clear, iays the Memorial, that 
 there is no Jufticc in letting England upon a Par with France, becaufe 
 the Latter, by far, flirpafles tlie other in the Number of its Provin- 
 ces, Cathedrals, Bifliopricks and Archbifliopricks, Univerfities, and 
 all other Characters which diftinguifli a Nation. They agree, that 
 England had hitherto made a fourth Nation, or Part of Chriftendom 
 in the Council ; but at the fame time they affirm, that it was only 
 pro tempore, and by Indulgence, in order to make up the number of 
 Four, according to the Diftribution of the Canon Law, till the 
 Spantjb Nation was joined to the Council, and made the fourth Na- 
 tion, which Union being accomplifhed, reduced England to its former 
 Subordination or rather Connexion with the German Nation, becaule 
 otherwile there would be five Nations, contrary to the Diftribution of 
 Benedict XII. and contrary to that of the Council at its Beginning, 
 as well as contrary to Juftice, which does not permit fo fmall a Part 
 of Chriftendom as England is, to have a Voice equal to France, and 
 much lels to Germany, Italy and Spain. They oblerve moreover, that 
 the Privilege of having a fifth Voice in the Council, had not been 
 granted to any Kingdom, in Quality of a Kingdomi, any more than 
 to the Emperor, or to the College of Cardinals \ and that if Flngland 
 perfifted in requiring a leparate Voice, the other Nations might like- 
 wife demand to be divided into leveral Nations, eacli of which vyould 
 equal the Englijl) Nation. From hence they argued for one at" tJisle 
 three Conclulions, either that England Ihould renounce her Pretenfion 
 to make a feparatc Nation, or that each of the three otJier Nations 
 might be fubdivided into leveral others, proportioned to the EngUJh 
 Nation i or that finally, the Council might give their Opinions no 
 longer by Nations, but, according to cuftom, by Perlbns. 
 
 After this Proteftation they declare, that they don't thereby in- 
 tend to derogate from any Deciilon of the Council, or to hinder the 
 Continuation of it -, and that in cale the Fathers don't think fit to 
 determine this Qiieftion, they Appeal to the next Pope, to tlie end 
 that his Judgment may lerve as a Rule upon this Head, to all other 
 Councils. The Englijh not being ready, at this Time, to afierc, or 
 defend their Rights, Things remained in the lame State, witli regard 
 to tliis Affair. 
 
 F 2 XV. The
 
 44 "^^^^ Hijlory of the Council of Constance. 
 
 1417. XV. The Council had fent two 5?«f^i(S?;'«j to Pen ifcola (i)^ the 
 
 v.^-'^V'-NJ one a German^ named Lambert de Stok (a) ; the other a Fnnchman, 
 ^h^"r ^h7- "^"^^^ Bernard de la Planche, to carry BcnediH: his Citation. On the 
 fadois'^f ^the ^^^'^'^''' °'" March^ the Letter was read which they had wrote to the 
 Council of Cardinal de Fiviers, giving an Account of their Commiffion. As it 
 Arrai^on. abfolutely contains the very fame Things with that which thofe two 
 {a-) Lamher- Monks had Written to the Archbiihopof Rig<i, it will be fufficient to 
 "'March 1 ' ^^^^^ ^'^ ''" '^^)' -^'^ ^^"'~ Letter we have ieen the tedious Harangue 
 Ci) Page 4. he made before he return'd his peremptory Anfwer in Form, which 
 of this V. II. he gave in two Days after. As the lame is of a prodigious Length, 
 and as befides it contains nothing more than what he had faid the firft 
 Time, we fliall content our felves with giving the principal Articles 
 of it, by way of Recapitulation, i. He declares, that by giving in 
 this Anfwer, he is fo far from acknowledging the AfTembly of Con- 
 ic) V. d. uar. fiance for a General Council, that (f) on the contrary, he makes 
 T. IV. p. 1,^,11 and void all that has been or may be tranfafted by the faid Af- 
 ^'■■^^- iembly, as having been tranfafled by Perfons not legally authoriftd, 
 
 becaufe a Council can only be afiembled by order of the Popej and 
 that he himfelf has already call'd one at Perpignan. In the fecond 
 Place, as to what is imported in the Citation, that John XXIIL ha- 
 ving on the one hand acquiefced in his being depos'd, and Gregory 
 having, on the other hand, voluntarily refign'd, BenediEl XIII. was 
 only accountable for the Guilt, and the Remedy of the prefent 
 Schifm •, lie aflerts, that as he had all along propos'd reaJbnable Mea- 
 fures for reiioring Peace to the Church, from the beginning of his 
 Pontiiicate to the prefent Time, the Charge of Schifm reverted upon 
 thole who had rejected, and ftili continue to rejeft thofe Offers. 3. 
 As to the- Promiles, which it was fuppos'd he had made more than 
 once, to refign, as a Method the moft eafy, and the moft proper for 
 putting an end to the Schifm •, he offers leveral things in Anfwer. He 
 Jays, for inftance, that in Faft he never rejefled the Method of Re- 
 fignation •, but that he never declared it to be a more ealy Method 
 to put in Practice than others which had been praftifed by the Ho- 
 ly Fathers upon the like Occafions, and tliat he never promiled to 
 purfiie this Method exclufive of thofe other Meaflu-es, but only in 
 cale thev could not fucceed. That however he would have aftually 
 put it inPradice, if he had not been hindered from following this good 
 Motion by a Thoufand Afts of Violence, fuch as the flopping him at 
 \dvignon, and depoCng him at Plfa \ and that, in fine, he could not 
 be accus'd of Perjury, becaufe he had only promised to make ule of 
 this Metliod, fo far as it might give Peace to the Church, which 
 he did not believe it would be capable of procuring. 4. As to the 
 
 (i) TwoUfwrf/ff/n* were made Choice dz Luna^ who tock the Name of Beue- 
 of, no doubt, to do a Pkafure to Feter rf/V?, 
 
 Charge
 
 The Biftory of the Council of C o n s t a n c e.' 45 
 
 Charge againft him, of having obitinately refus'd, in the laft Place, 1417. 
 to hearken to the repeated Jnftances of the Emperor, the Kings ofcyV^ 
 France and England, and tlie Princes of his Obedience, and of retiring 
 to Penifcola to evade their jiift Solicitations, he ani'wers, by way of 
 Recrimination, that thele very Princes are the Men who have had no 
 regard to his juft Remonflrances, and who by their Obllinacy to reject 
 ]iis Oflers, oblig'd him to withdraw from a Place where he did not 
 think himlelfllife, for Realbns which he does not think fit to exprefs. 
 Then he gives a long Account, all in his own Favour, of the feveral 
 Methods which he propos'd at Pcrpignan., at Collionre, and at Penifcola, 
 that pretended inaccellible Fort, where he affirms, that they inade 
 whatever Propofitions to him they pleas'd. 5. That if he was oblig'd 
 to go any where by a Council, not of his own calling, it ihould not be 
 at Conjlance, becaule 'tis too far ditfant for him to undertake liich a 
 Journey at his Age ^ that in that Cafe he flrould be forced to pafs thro' 
 his F.nemiesTerritories ;, and that befides, the City of Conftance being 
 at the Devotion of the Emperor, of whom he has a Sulpicion, for 
 Reafons which no Body can be ignorant of, he could not expeii to be 
 fafe there. He concluded with, Proteftaiions againfl: the Charge of 
 Herely alledgd againft him in the Citation, as dovvnriglit Calumny, 
 and by declaring all the Members of the Council themfelves Hereticks, 
 F'avourers of Schifm and Herefy, and as i'uch liable to all the Penal- 
 ties denounc'd in this Cafe by him and his PredeceiTors. The Deputies, 
 not being able to get any other Anlwer from Benediti^ went to Tortofa^ 
 to wait on the King of Arragnn, in order to concert Meafures with 
 him againft this inflexible old Gentleman. From thence they return'd- 
 to Coiiftance^ and paffing thro' Jvignon., where Benedidi had ftill fbme 
 Remains of a Court, they defir'd his Chamberlain to lend an Apoftoli- 
 cal Curfitor to them, to acquaint them of his Mailer's final Refolntion. 
 But this Pope was not in the leaft difpos'd to eat his Words. He had 
 even already lent the Bifliop of Ci-.cnca to Conjlance, as he laid, to 
 make Propofitions of Peace, but, as the Deputies of the Council pre- 
 tended, to fov/ Divifion. Therefore the Deputies concluded their 
 Letter with a Reprefentation that there was no Time to be iort, and 
 that it was ablbhitely ncceflary to proceed forthwith to the depoling 
 of Benedifi. '''Tis thought^ fay tiiey, that he is proteBcd by the King of 
 Arragon, that he is in an impregnable Fort, and that he has Soldiers who 
 luill dye in his Defence. But, continue they, whenever the King fees 
 fit, there wont be a Soul left at Penilcola : Therefore the depofmg him from 
 the Pontificate,- as he he has fo richly defervd, can admit of no longer 
 Delay (i). In purfuance of this L-eCter, Preparations were made for 
 
 (0 Tlie Letter is dated y^!". 22. from fear fo foon, becaufe they Ipeak in it of 
 Tortefa, as that was whic'.i they wrote to their Paffagc thro' Avignon. 
 the Ardibiihop of il/^.i; but it was not 
 
 the:..
 
 '45 The Hijlory of the Council of Con stance. 
 
 1417. the depofing of Beneditl, as we iliall find in die XXIXth Seffion, 
 'v./~v~^^ which was held nest Day. 
 
 SESSION XVI, The Cardinal ot" Ojlia prefided at this Seffion as nfual, and 
 T w E N T Y j^icholas Biihop of jIojus in Gafcegne celebrated the Mais. The 
 Marcb\ Pi'o^^ofs, by the Mouth of Stephen Cocvrct Biihop of Dole, made 
 r. d. Hardt, their Report of every 'I'hing that had been tranlackd with regird to 
 T. iv. p. Benediil XIII. and demanded that he might be declar'd an Outlaw, 
 1128, 1129. becaiile the Term which had been granted for his Appearance was 
 expir'd (i), and he had not appear'd. Upon this Motion, the Coun- 
 cil deputed two Cardinals, two Bilhops, two Prochonotaries, feveral 
 Notaries and Scriveners, with an Apoftolical Curlitor, to make Pro- 
 clamation three times ibr BenediB XIII. or fome Perlbn on his Be- 
 Iralf, at the Gates of the great Church, according to tlie ufual Form, 
 and as had been pradis'd with regard to John XXIII. (2). This 
 being executed, it was order'dto be certify'd upon Record, and every 
 Member feparated, the reading of the feveral Procelies againft Bene- 
 dict, and the other Formalities, having taken up all the Time fee 
 apart for the publick Sedions. 
 
 The Bull of Citation confifledof thefe Heads, i. There is a tra- 
 gical Defcription of the fatal Conlequences of tlie Schiirn. ' The 
 
 * Church, fays the Bull, is altogether disfigur'd with regard to Life 
 ' and Manners, with regard to the Eccleliaftical State, which has 
 
 * degenerated firom its Sandlity, with regard to the Fcclefiaflical Li- 
 
 * berties, what is ftill worfe, with regard to the Divine Worfhip 
 
 * and Offices:; and finally, what is Hill more deplorable than all, with 
 *■ regard to Religion and the Chriftian Faith. Since this pernicious 
 ' Schifm, abominable Herefies have arifen in divers Countries ; and 
 
 * if Provifion be not fpeedily made for the Eleftion of a Sovereign 
 ' Pontiff, who may be unexceptionable, in order to remedy thofe Evils 
 
 * and thole Dangers which the Church is expos'd to, 'tis to be fear'd 
 
 * that flie will lole all her Beauty, of which Ihe has already loft the 
 
 * greatert Part, and that flie will become the Reproach and Scandal 
 
 * of all the Nations in the World.' 7. 'Tis therein let forth, that 
 Benedicl XIII. fo call'd in his Obedience, had been obligM for 
 twenty two Years to hazard his Eife for extinguiihing a Schifm, 
 which had already lafted fixtcen Years, when he was rais'd from the 
 Dignity of Cardinal to be a Pope :, and that this even was, and is 
 ftill^ in his Power, efpecially confidering that John XXIII. lb call'd 
 in his Obedience, was difpollefs'd of the Papal Dignity, by being de- 
 pofed canonicaliy, as well as by his Renunciation j and that Gregory XIJ 
 
 (1) He had heen cired on the aSth of (2) TheC^nrdinals were Liicido de Comi- 
 'Kovember to make his Appearance wiihill *''f«-t and Fr.iiicis Znbarelia. The Bifliops 
 fourteen Weeks and two Days. were tiiof e of vektri and Mersbonrg. 
 
 fo
 
 The Hipry of the Council ^/Constance, 47 
 
 ib call'd in his Obedience, has voluntarily refign'd. So that BenediB '417. 
 being the only Perfon that pretends to be Pope, 'tis incumbent on 
 Iiim alone to put an End to the Schifin. 1'hey add, that he is the 
 more oblig'd to it, becaufc while he was a Cardinal he commended 
 and approved the Method of the mutual Rellgnation ofthe Competitors, 
 as the moll: ufeful, and the mofi: ealy ^ and Iblemnly Iwore, together 
 with the other Cardinals of his Obedience, when there was a Necelli-- 
 ty of proceeding to the Election of a Pope, that if that Eledlion fell 
 upon him, he would iincerely, and without delay, promote the Union 
 of the Church by all the moft proper Meafiu-es, not excepting even 
 that of his Refignation, if his Cardinals, or the Majority of them, 
 ihould think it expedient. He fwore the llime Thing after his Elec- 
 tion j and even all his Cardinals, e-xcepc one, advis'd a mutual Refig- 
 nation, as he had proposed it. 3-. The Hull lets forth, that the King of 
 France had lent a folemn Embafiy to Bcnedin^ viz. the Dukes of 
 Berry and Bmgundy his Uncles, the Duke of Orleans his Brother, 
 and feveral others, with ilich of the Cardinals as were well inclin'd to 
 Peace. That moreover the Kings o'i England and Caftillc^ and JVen- 
 cejlaiis Ring of Bohemia, at that Time King of the Romans, had lent 
 AmbalTadors to him with the fiune V^iew, becaule the Method of Re- 
 fignation was univerfaily approved by all Chriilians, and elpecially the 
 Princes, Prelates, Univerfities, and a great many learned ^Izn of all 
 the Obediences. 4. That after the Depofing and Abdication o'iGrcgoiy, 
 Benedict had been humbly intreated to perform his repeated Oaths 
 by Sigifinond King of the Romans, who went to wait upon him in- 
 Peribn, by Ferdinand King o^ Jtragon, of glorious Memory, and by 
 many other Princes and Lords of his Obedience, as well as by the Am- 
 balTadors of the Kings of France, England, Caflille, Navarre, and 
 linally by the Council oS. Conflancs. 5. That notvvithiianding all thole 
 Inftances, and Benedict'?, folemn Engagements, he remain'd inflexible^ 
 and that having quitted Perpignan, to which the Kings, Princes and 
 AmbalTadors aforelaid repaired, he retir'd with his Troops to the 
 Gates of CoUioure, where he had his Galleys well arm'd ; that there 
 he was again defir'd, by the Ambafliidors of the faid Kings, to refign, 
 but to nopurpofe; that at lafi: he fhut himielf up at Pcnifcola, in an 
 impregnable Fort, which is not llifely acceflTiblcj that neverthelefs 
 he had been again requir'd feveral times to put an End to the Schifm . 
 by his Refignation, but that, to the great Scandal ofthe whole Church, 
 he had obftinately refus'd it. 6. The Bull infers from all thefe Eafts, 
 that Benedict being to be deem'd as an Abettor of tlie prefcnt Schifm, 
 and as a notorious Schilinatick and Heretick, ought to be cited once 
 more by a pubhck Edict, and by an Ad ex abtindanti -^ and that this 
 Citation ought to be let up at the Gates ofthe Cathedral Churclies of 
 Conjlance^ at Petiifcola itfelf, if there is any Entrance .poflible, if rio.E,
 
 4$ The H'ljlory of the Council 0/ C o n s t an c fi^ 
 
 1417. at the Gates of the Church of Tortofa, and all the neighbouring 
 
 \.,/'V>v>' Churches. The Bull concludes by conjuring all Kings, Princes, 
 
 Temporal Lords, and particularly Alphonjo King of Arragon^ in the 
 
 Name of Jefiis ChriPc, to afTift and favour the Council with all their 
 
 <tf) r. a. liar Power in the Execution of this Decree (<t), 
 
 ^■^^\$- XVII. The two Bcnedinin Deputies, who had been fent to fiim- 
 
 '^^'5^^ , mon5fA/fi/i.'?, arilv'd at Conflar.ce next Day after this Sedion, very 
 ^f jl,e Qpuii, muchdiiiatisfy'd with Beneditt^YiY. I'ho' they were very circum- 
 cil's Deputies ftantial ill their Letter to the Council, they reported leveral other 
 fromiirw^ow.XJ.irciculars, by Word of Mouth, concerning the Obftinacy o'l Peter 
 , (k Luna. In the Conference at Penifcola betwixt the ]Deputies of the 
 Ann 141 7 Council and Bcnedici, there was a good Jeft cracked, which deierves a 
 Numb. li. Place here. BenediEl feeing the Black Monks coming in, faid to 
 r.v pcF. F.fff/, thole that were about him. Let us hear the Ravens of the Council. 
 Fol. XI. Sp j\rg ^^uoii^fcr, laid they, that Ravens come ivhere tbevc''s a Carcafe {by 
 lilfrnT'^'' In the next SefTion we Ihall fee the Preparations that vvere made for 
 I //(i ^ this Civil Death. 
 
 SESSION XVm. The Emperor was prelent, the Cardinal of 0//ij prefided 
 'Thirty, at it, and the Biihop oi' Cefaluli in Sici/y celebrated Mafs. The 
 v^Th' dt -l^sputies therein gave an Account of their Negotiation, and that was 
 "i IV". p ' "^'^ they could then do by Reatbn of the Length of the Pieces they 
 1146. were oblig'd to read. Bernard de la Planche began with a Difcourle, 
 
 which he preach'd from thefe Words, in Pfal. ii. Be ivife noiv there- 
 fore, O ye Kings -^ be injlruned^ ye Judges of the Earth. After this, 
 he reported every Thing that pals'd at Penifcola, between them and 
 Benedict, read the Sentence of Citation, and the Anfwer which Bene- 
 (Ii5l return'd to it, both by Word of Mouth and Writing. Though 
 we have given it at large, yet there are fome other Particulars 
 which are worthy of Remark. 
 
 In the firft Place, Benediil protefted in his Anfwer, that whatfo- 
 ever he had done or faid, and might do or lay for the future, in what 
 Form and Manner foever, he did not intend any Approbation of the 
 Congregation at Conjlance, nor its pretended Citation, becaufe it pro- 
 ceeded from Notaries who had no lawful Power;, that on the con- 
 trary he annull'd the fiiid Citation, and all that this Aflembly might 
 do or fay againfl: the Church oi Rome. 2. As the Bull of Citation 
 began with thefe Words, The holy Mother Church crycth, all Chrifiian 
 People cry :, Benedict made Anfwer that the Church, which he pre- 
 tended was with him, and no where elfe, not only cryeth hut groanelh 
 to fee herfelf tofs'd on the Waves, as a Ship in a Storm, by Ibme Perlbns 
 without a Head, like Members leparated from the Body, under the 
 Proreftion of their vaft Multitude, and, under the Pretext of a gene- 
 ral Council. J. The Bull of Citation having imported that he 
 ■■■was requir'd to refign by the King of Bohemia, he flatly denies it, 
 
 and
 
 The Hijlory of the Council <?/ C 6 n s t a n c e. 49 
 
 and affirms, on the contrary, that the faid King had difTuaded him 1417. 
 from it. 4. That having propofed leveral Methods, as particularly \.^'"v~n^ 
 a Courfe of Juftice and Examination of Rights, and even that of 
 Refignation, he cannot be reckon'd a Schifmacick nor a Heretick, but 
 that, on the contrary, they ought to be deem'd fuch who had re- 
 fus'd the Overtures he had made at Perpignau. 5. That as to his 
 Retreat to Penijcola, he was the more juftiriable in doing it, becaufe 
 Sigifmond., and the others, who were at Perpignan on the Part ot" the 
 Congregation at Conflance^ being retir'd, it was abfclutely ncccHary to 
 fecure the Church •, that however free Acceis was always liad at 
 Penifcola, and that he is Hill ready to embrace all proper Mcaliircs 
 for giving Peace to the Church, c-. That there being no Pope who 
 prefidcs at Conjlance, it cannot paCs for a lawful Council, and that the 
 Inferior hath no Right over liis Superior, much lefs over the Pope. 
 Hereupon Benediil quotes the Council, which was affembled under Theo' 
 dork in the fifth Century, when tliat Council was not willing to give 
 Judgment againft Symmachiis^ who was impleaded by his Advcrfliries, 
 and the Council oi Chalccdon in 451, when Diofcorus^ the Patriarch of 
 jikxandria^ was condemned for undertaking to judge the Pope. 7. 
 That, not to mention the Diftancc of Places, and his great Age, 
 Bcnedin. could not go to Con/lance, becaufe it was a Place under the 
 Dominion of the King of the Romans, whom he had Realon to 
 fufpecl:, as well as mort of the Members of that Congregation. The 
 Anfwer concludes with a Proteftation of liis being an Orthodox Ca- 
 tholick (a). (4) r. </. Ear 
 
 After thefe Pieces were read, Peter de Lembourgj\i.'L,.\y. by the T IV. p. 
 Council's Order, made a Decree for approving and confirming che'^^^' "'°' 
 Edid, whereby Ferdinand King of Arragon, and after him, Alphonfo 
 ]ris Succefibr, withdrew themlelves and their Dominions from the Obe- 
 dience of .5^»ff//'f7 XIII. And as the laid pretended Pope, when at 
 MarfcUUs in 1408, had fulminated a Bull againft the Emperors, Kings 
 and Princes, who had revolted, or ihould go about to revolt from 
 his Obedience, the Council revok'd that Bull by another Decree, 
 which was likewile read in this Sefllon. This Precaution was abfclute- 
 ly necefiary, becaule as the faid Bull had been approv'd by the King 
 o'\ Arragon, who was ftill in the Intcrcft o'i Benedict when he pub- 
 lilh'd it, he would, by liich Revolt, have entangled himfel fin the 
 Bonds of Excommunication if it had not been taken away by the 
 Sentence of the Council. 
 
 XIX. As the Difpute between the French and Englifi is to be de- Controverfy 
 cidcd in the next Seflion, 'tis proper to iee the Reafons which the between the 
 latter made ufe of to fupport their Right. They declare, in the firft f'f«''^ ^"d 
 Place, that by their Anfwer to the Memorial of the Fre ch, they ^.'')J'-^^j^^f 
 don't propofe to refer a Right fo indifputable as theirs to Arbitration, t^ v n"^-,^ 
 
 Vol. 11. G but ^^^'^'
 
 50 Ihe Hijlory of the Council <y^ Constance. 
 
 141 7. but only to prevent ill dilpofed People from making a bad Ufe of the 
 v./~V~'"^ Silence which they had chofe to oblerve till that Time, purely for the 
 flike of Peace. After this Decree, they fet forth, that the Ambalfa- 
 i\ox'S.o'( France having lately reviv'd this Affair in a publickSefTion, and 
 without any previous Agreement for fo doing in the Aflemblies ol" the 
 Nations, they could no longer be filent without betraying their own 
 Caule. Then proceeding to the Arguments of tJie F>c?icIj, tliey con- 
 fute their Memorial from the Beginning to tlie tnd. They fhew, 
 by the very Terms of the Bulls of Benedicl XII, that wh.atfoever 
 Partiality that Pope had difcover'd for France, it was not his Inten- 
 tion, however, to make a Partition of the Nations, nor to determine 
 their Ranks, nor to confound England with Germany j much lefs to 
 deprive £»_^/i?;?ir/ of the Right of making a Nation or a Part of Chri- 
 flendom, but that it was his Intention only to make fuch a Diftribu- 
 tion as might be for the Conveniency of the Prelates for their Vilita- 
 tions, and for holding the Chapters of the Beneditiins. As to the An- 
 tiquity and Extent of the Efiglijl:) Nation, it affcrts, that TVaks, Scot- 
 land vsxd, Ireland are of that Nation, even tho' fome of thofe People 
 did not obey the King of England, jufi: as feveral Provinces, which do 
 not hold either of the King of Cajlilk or the King of France, are ne- 
 verthelefs a Part oT Spain and France-^ as Provence, Daiiphiny, Savoy, 
 Burgundy, Lorrain, and feveral other Provinces, which are included 
 in the French Nation, tho' they do not obey the King of France. 
 Upon this Foot, and according to the Calculation of the Englif}, 
 England is inferior in no relpect to the Kingdom of France, either as 
 to hixtent. Dignity or Antiquity. As to Extent, they compute that 
 taking England from North to South, it extends eight hundred £/7^///& 
 Miles, that ^s to lay, forty Days Journey, which France does not, 
 T. d. u/tr^t^ according to common Eftimation. Befides, the Englijh Nation has 
 T. V. p. Sj;. eight Kingdoms, viz. England, Scotland and IVales^ all which together 
 make Great Britain, Ireland, and four other Kingdoms, which lye 
 near England, the Orkney Iflands, which are fixty in Number, and 
 •which are as large, if not larger, than the Kingdom of France, 
 thirty two Counties, fifty two thoufand Parifh Churches, befides Ca- 
 thedral and Collegiate Churches, Priories, Hofpitals^ whereas in 
 Francs there are not above fix thoufand Parochial Churches, and on- 
 ly four or five Counties. * 'Tis true, fay the Engliih, that the French 
 
 * reckon eleven Provinces and one hundred and thirty five Diocefes in 
 
 * their Nation^ but admitting their Calculation to be jufi:, if fo fmall 
 
 * a Difference authoriles them to deprive England of the Right of 
 
 * making a Nation in the Council, the Italians have much more Rea- 
 ' Ion to controvert the Right 0? France to make fuch Nation, becaufe 
 I Itctly has three hundixd and thirteen Diocefes •, whereas the French 
 
 * than-
 
 Tke H'tjlory of the Council <?/ C o n s t a n c e. 51 
 
 ' themfclves pretend to but one hundred and thirty five, including 141 7. 
 ' thole of Pro-veuce, Savoy ^ Dauphiny and Lorrain. w^'~v~\^ 
 
 As to the Antiquity of the Britifi Nation, as a Chriftian NationjUi//«i'. p-?-}- 
 as this Memorial does very much Honour to England^ by alcribing its 
 Converfion to Jofiph of Arimatbec^ it does no lels Honour to the 
 French Nation, by allowing Dionyfuis the jlreopaglte to be their firlt 
 Apoftle. Nor do the EngUfij forget, as well for the Antiquity as for 
 the Dignity of their Nation, the Honour if had of the Jiirth of 
 Conflantine the Great, to whom the Church of Rome had fuch great;-. ^. ;;,,,.y/^ 
 Obligations, at Icaft according to the Opinion of that Time. To allT. \'. p. j'l. 
 this, they add feveral other Confideratlons ^ as their conftant Submif- 
 fion to the Church of i^o;»?, without being ever guilty of any Schifm j 
 tliat whereas France has icarce one that is born Legate a Latere ^^'^^ox-^ oi 
 
 wall. 1 hen they quote leveral DofVors, who, in their Divifion ofT V. p. t-ij, 
 Chrirtendom, have made Engl.vnd a diftincl Nation, without coa-93- 
 founding it with any other. For inftance > Albert the Great and 
 Bartholomew de Glanville (1), call'd the Engliflrman^ divided Europe 
 into four Kingdoms, tliat o'i Rome^ that o{' Coiiftantinople, that of Ire- 
 land, which is transfcr'd to the Englifi, iiiys the Memorial, and that 
 of Spain, without mentioning one Word of France. The Canon Law 
 reckons four Univerfities, according to the four Nations, viz. that 
 of Paris for France, that of Oxford for F^ngland, that of Eologna for 
 Italy, and that o'i Salamanca for Spar^. Bernard Alaman (2), Bifliop 
 o^ Condom, in a Treatife of the Schilm, dedicated to the King of 
 France, reckons five Chriftian Nations, n.-i'z. Italy, Germany, France, 
 England and Spain. The EngliJIj quote another Knumeration or Di- 
 vifion of the Nations, which was made in a Letter from St. Bernard, 
 wherein the Englijlo Nation is placed betwixt France and Spain. Fi- 
 nally, the Englijlo affirm, that if it be necelTary to divide Chriftendomi/i//«^.p.9|! 
 i.ito four Parts, 'tis more commodious and natural to divide it, accord- 
 ing to the four Quarters of the World, viz. Eaft, Weft, North tnd 
 South, by placing in the Eaft, Hungary, Bohemia, Poland and Germany ; 
 in the Weft, France and Spain; in the North, England, Wales, 
 Scotland and Ireland, with their Ifiands, Denmark, S-weden and 
 Norivay, and in the South, Italy and the Greeks, who are of the 
 Pope's Obedience, as the Inhabitants of Candia and Cyprus. This 
 Diltribution the EngliJJj think more convenient, more natural, more 
 
 ( I ) The latter was an StigHfiman, and (i) He flourifh'd about the End of the 
 
 flourifh'd in 151S0. Vhi fup. p. <;i. XlVth Centuiy, V. d. hardt, T. II. 
 
 Proleg. p. 17. 
 
 G i honourable,
 
 5* The Hijlory of the Council of C o n s t a n c e.' 
 
 141 7. honourable, more durable, and more agreeable, than any other to 
 v»^'~V'~N^ the Intention of the Council, which is to procure Union and Peace 
 
 * For, fay they^ 'tis impoflible to make a Divifion of Chrillendom by 
 ' the Languages, becanfe there are more than four, nor by Kingdoms 
 ' for the lame Realbn ^ befides that, the Kingdoms do, neither in 
 
 * Law nor in Fail, yield one to the other. That if fuch Partition be 
 ' pretended to be made, according to the Superiority of Kingdoms, in 
 
 * their Extent, Riches or Power, fuch Partition is liable to Ake- 
 ji,rvegU, uhi ' ration. The Kingdom of Norway has often fubdued France, as 
 fu^. p. 102. < appears from Normandy, which ftill bears the Name: And Den- 
 
 * mark may boaft of the lame in regard to England. The Goths and the 
 
 * Swedes were, for a long Time, Maftcrs of almoft all Chriflendom, 
 
 * Germany^ Italy, Spain, S^c. Moreover, fuch Divifion of Chriftendom 
 
 * into four Kingdoms carries in it fbmething fo arrogant and am- 
 
 * bitious, as may be hateful to the other Kingdoms ; fuch as are not fub- 
 
 * jeft either to France, or to England, or to Germany, or to Spain, being 
 
 * unwilling to be deem'd Qithtx French, Engl'ifi, Germans or Spaniards -y 
 
 * whereas none can be offended at being placed in the Eaft, Weft, 
 ' North or South Divifions. Neverthelefs, they lay in Conclufion, 
 
 * that if it be thought fit to divide Chriftendom into lb many King- 
 
 * doms as it contains, they will not oppole it, any Diflribution being 
 ' to them indifferent, provided no Wrong be thereby done to any 
 
 * Nation or Kingdom, and that they vote in tlie Council as they 
 
 * have done, by Nations, and not by Perfons, as, fay they, fome would 
 
 * have it to be, who have not the Reformation, nor the Peace and 
 
 * Union of the Church at Heart.' Before we proceed to the XXXIft 
 SefTion, the Reader perhaps will not be difplealed with the inferring 
 of a little Latin Poem here in Praife of Sigifhiond, which was fix'd 
 up at the Gates of the Cathedral of Conflance in the XXXth Seflion, 
 
 f^os quorum longo turhavlt tempore mentes 
 
 Ecclejiie Clamor, continiiufque labor : 
 .L^ta Sigilmundo cantantes carmina Regiy 
 
 jEternum "jivat, dicite voce pid. 
 Nam meruit. Prudens hie rerum ponder a folus 
 
 Suftinuit, cecidit cum qiiaft tota Fides. 
 Schifmata, quels noflcr tot jam labentlbus amis 
 
 Torpicerat mundus, fuftulit, ipfe valens. 
 Cumqtie lupum fugerent alii, bonus ipfe remanfit 
 
 Paftor, debetur cui bene cura bourn. 
 Hie Domini pariter teneros fervavit i^ agnos, 
 
 Et grege cum ioto nunc bene pafcit oves. 
 Dtimque alii Domini propria ^ fua commoda quieruni. 
 
 Hum verum Regem publlca caifa monet.
 
 The Hijiory of the Council of C o n s t a n c eJ 53 
 
 ^ot tiiUt expenfas? Subiit qiiot fponte labor a? 141 7« 
 
 Chrijiicolis fit pax omnibus ittque quies. V_^-v->»^ 
 
 Imperiale Decus, i^ regni jura meretur 
 
 Ungarlie^ titulis non minor ilk fuis ! 
 Cisfar ut Auguflus faEto verboque vacetur^ 
 
 OJlendit Claris Magnus ubiqtie raodis. 
 Cur dedit indignis fors hcec fua nomina caca ? 
 
 Communis fermo dicere fiepe Jolct. 
 Inclytus hie Princeps, in quo Fortuna videtur 
 
 Se probaty i^ caae crtmina falfa tulit. 
 ^ui legitis jlores^ ^ qui bona carpitis hujus 
 
 Vitte, laudantes hunc celebrate Virum. 
 Dignus ^ argento, fidvo quoque clignior auro \ 
 
 H£c ego non habeo^ qu<e fihi pulchra darem. 
 Verficiilos habuif mea quos donare 'voluntas 
 
 Magna fuit, clarum perpetuumque decus. 
 Hunc fua Majejias pr^ cunElis curat honor em^ 
 
 Aurum cum donat plus ftbi plufque placet. 
 De Pileo a Pairia Benediclns no?nine di£lus 
 
 Nunc Majeftati carmina pauca dedi 
 Et tibi confpicuiSj Rex prudentifilme^ faSliSy 
 
 Sit mihi vita comes, plura daturus ero. 
 Accipe me minimos inter. Rex optime, vateSy 
 
 Cantantes animo nomen ubique tuum. 
 Et "uosy qui tantie tokratis pondcra molis. 
 
 Pa ft or ut exurgaty qui regat unus oves : 
 Parcite. Namque elegis commifi verba caducis, 
 
 ^£ magis heroico carmine digna forent. 
 
 Si Deus aterna vebis det priemia vita, 
 
 Et bene conceptum dirigat aquus opus {a^. (") T-^- ^- Hi»'. 
 
 T.V.p 7,8. 
 
 XX. It does not appear, that die Emperor was prelent at thissESSION> 
 Sellion. Thomas Polton, one of the Ambalfadors of England, gave in T h i r t y 
 the Memorial above-mentioned, which was not read quite through- ^ ' "^ ^ '''• 
 out, no more than that of the French ; for no other Reafon, but be- ^ f^arJ" 
 cau(e it was fo long. For as it had been concerted with the Nations, t.iv. p.." 
 and prefented by their Order, it was approv'd of by the Council. 1 194, 
 The Englijh were maintain'd in the Polfeffion of their Right, and 
 made a fifth Nation, as they had form'd the fourth before the Union 
 of the Spaniards. 'Tis obfervable, that neither the Annalifts, nor 
 other Hiftorians, have made any Mention of this great Dilpute be- 
 twixt the French and EngliJJj. 
 
 By the Letters from the Deputies of the Univerfity of Cohgn, it 
 appears (b) that the Council had like to have been difTolv'd more^j) Marten,. 
 
 than^wffrf. T. II
 
 54 The Hijlory of the Council of Co^ stance. 
 
 1^17. than once, by the Dilputes which frequently happened between the 
 ljr\''°\J Nations, on account of their Rank. This the Anagonefe dilputecl 
 with the EngliJJj. The former being prompted by the Cardinal of 
 Cambrayy as one of the Letters fays, pretended that fince they were 
 arriv'd, the latter ought to be joined to the G(?r«?t'?/? Nation, to the 
 end that the Sp.rniJI} Nation might be reckoned as a diftinft Nation. 
 This Difpnte was atfirft pacify 'd by the Prudence of the Eledor Pala- 
 tine, and the Burgrave of Nurcmbtrg, who afted for the Emperor in 
 his Ablcnce ^ but we find by a Letter in the publick Ads of England^ 
 (Rymer''?, Fccdera) which was written by one of the Deputies ot that 
 Kingdom to the Biihop o'i Durham, on the i^th o'l March ^ 1417 j 
 that it was not long before it was revived. There are Ibme Remarks 
 to be made upon this Letter; i. The Cardinal of Camhray is men- 
 tioned in it as the Capital Encray of the EngUfa Nation j and it com- 
 plains, that ever fnce the Council lat down he had made ic his Bu- 
 tinefs to carp at, and vilify her. :. It fiys, that one Day, by the 
 Inftigation of the laid Cardinal, in a publick Seffion, the EngUfb 
 Nation being placed between the French and Arragoncfs Nations, 
 one of the Deputies of Arragon^ whole Name was Efperandicn 
 (1), publickly declar'd, that he did not mean to treat with the 
 EngliJ]} as forming a diftinft Nation ^ and that the Englip going a- 
 bout publickly to confute this Pretenfion, there was lb great a Tu- 
 mult, that they could not be heard (2). 3. When it was propofed 
 to pafs the Decree for the Citation of Peter de Luna, the Arragonefe 
 declar'd, that they would not give their Confent to what the Council 
 ihould order thereupon, till they knew wJiat Rank they were to hold 
 in the general Seflion. 4. That this Affair was attended with fuch a 
 Clamour, as had put the Council into unavoidable Danger, if the 
 Ambalfadors of Etigland had not made ule of all their Intereft to ap- 
 peale it. ' The Eleftor Palatin, Jays this Letter, who protefts and 
 
 * directs the Council in the Emperor's Abience, and who has the 
 
 * Honour of our Nation as much at Heart as his own, having taken 
 
 * along with him the greateft Prelates o^ Italy, Germany and France, 
 
 * and two of the Cardinals, in the Name of their College, went le- 
 f vera! times with them to the Place where our Nation is afiembled, 
 
 (1) lU.e fcilicet fi recolitis, q«t in gain before he had made an tritf of his Pre- 
 
 Pifano Concilio pulpitum afcendcbat, & amble. 
 
 ad clamoiem totius ccetus Prxlatorum (2) Taiifus erat tumukus tantun]ue 
 
 non conipleta peroiatione quam incepit ftrepitus clamantium, & tabulas peicu- 
 
 illico ddcendebar. i. e. viz. The very tk-ntium quos idem Cardinalis, ut fcitur, 
 
 Man, who, if ye remember, mounted the ad id paiaverat, &c. /. e. So great <wat 
 
 Roftrum at the Council of Pifa ; Itil by the Tumu t and Noife of thofe whom the faid 
 
 Keafon of the Noife made by the whole Cardinal, as 'tis reported, had prepard {q 
 
 Tribe of Prelates, prefently came down a- clamour and firike the Tables, &c. 
 
 q * £0
 
 The Hijiory of the Council <?/ C o n s t a n c e. 5:^ 
 
 ^ to beg us, vvldi repeated Inftances, for Gods fake, and for the 141-.. 
 
 * Peace of the Church, and for preventing the Scandals and Dangers 
 
 * which were impending, that we would, ibr twice only, that is to 
 
 * fiiv, in the two SefTions wJierein Peter de LuncC-i, Affair was to be 
 
 * treated, permit the Jrragonefe to poliels the third Rank imme- 
 ' diately before our. Nation, whicli was the Rank of the Germans, 
 
 * who, for the iake of the Onion, refigned 5 our Nation, confidering 
 
 * that there were a great many People in the Council, whole only View 
 ' was to difturb it, and to dilTolve it, on purpofe to perpetuate the 
 
 * Schifm, and not being willing to give any Caufe for fufpeding them 
 
 * upon this Head, has yielded to thofe Inftances on condition exprels- 
 
 * ly, that after thofe two Scffions are over, their Rank ftall be re- 
 
 * ftored to them. 5. That when this was done, the Arragonefe gave 
 
 * their Conlent to the Citation of Benedi^, tho' the French had pro- 
 
 * tefted, contrary to what the EngUJJo had ftipulated, that their Rank 
 
 * ihould be reftor'd to them by the Term agreed on.' In this Letter, 
 there is an Account of what pals'd on this hiead after the Return ot 
 Sigij'mond, who always appear'd in Council with the Order of the Garter, 
 which was a mortifying Kye-Ibre to the French (i). ' When this 
 ' Prince was arriv'd, the AmbalTadors of France perceiving that the 
 ' Tmic for cleiling a Pope drew nigh, and fearing they Ihould not 
 
 * have one to their Mind, whatever Arts they employ'd for that Purpolc,. 
 ' contrary to all Laws whatlbever (;), they began, in the Prefence of 
 ' the Council and his Imperial Majefty, to read new Protefcations 
 
 * and Icandalous Propoficions againft our Nation. But many of the 
 
 * Prelates, and other Deputies of the feveral Nations, plainly per- 
 ' ceiving that liich Propofitions could only end in the Diifolution of 
 ' the Council, they put a Stop to their reading.' The Aim of thele 
 Proteftations and of this Appeal, was really to hinder thz Enghjh from 
 reprelenting a Nation, as they had hitherto done, in order io to weaken 
 their Credit, that they Jliould not have Power and Authority enough 
 to oppole the ambitious Views of the French in the Election of a Pope, 
 But, fays the Author of the Letter, they have been fo ivell anfvoer'd, 
 that all their Arrovji ivUl rebound upon themfehes (;). Jeroyne Siirita, 
 accounts for thele Broils in a manner Ibmewhat different. He fays,, 
 that the Cajlillians and the Arragonefe being Rivals to each othei', and 
 
 (l") Liberatam (Livree) feu Devifam all Vear, hoth of God unA Man^ and did net 
 
 metuendiflimi Regis noftri continuo dcfe- care what they put in PraSict. 
 
 rentis quae in Gallorum Oculii, multum (j) The Englifi Deputy writes to the 
 
 tidiofa & nociva conftitit. Bifliop that he fctids him thefe new Pio- 
 
 (i) Pro quo extorquendo, & habendo, teftations of the trench ; but we don't find 
 
 Divino paiiter & humano timore fcmoto them in the Afts, nor the Anfwer of the 
 
 non curarent quid agcrent. /. e. Tor the Br.glijb, which he alio promilcs to lead. 
 
 c»rryhg[of vibitb Pointy they had Uid afidt Rymefi Foedtra^ T. IX. p. 4.59. 
 
 aiming.
 
 ^6 The H'tjiory of the Council (?/ Constance. 
 
 i.y.-j. aiming to form each a diftinft Nation, the latter infifted thzt England 
 ^..^VN^ ihould be incorporated with Germany. 
 
 This Aftair being fettled, the Bifhop o^ Concordia demanded that 
 a Monitory might be granted againft Philip Count de Feme, who, 
 under various Pretexts, had cauied Albert Bifliop of ^ to be arrefted 
 in Lotnhardy, as he was returning, with the Leave of the Council, 
 from Conllance. TJiis Affair had already been laid before the Coun- 
 cil, and the Bifhops of Pavia and Novarra had been appointed to 
 inquire into it; but not having been able to execute their Commidion, 
 becaule of Obftacles that were ftarted by the Count de f'eru'e^ the 
 Bilhop ftill remain'd in Prifbn. As this Afl: of Violence was an In- 
 ii-ingement of the Caroline Bull confirm'd by the Council, the Count 
 de VcvHc was order'd, on Pain of Excommunication, to releafe the 
 Bilhop in twelve Days Time, and to leave him at full Liberty to 
 come to Conjlance, to the end that the Council might do Juftice to 
 both Parties. The Motive which the Council urges for their Moni- 
 tory, is, that Suhjetls have no Authority and Jurifdinion cjer their 
 Prelates, nor the Laity over the Clergy. Cardinal Bellarniiiie produ- 
 cing this as a Proof, that the Clergy are exempt from the Civil Ju- 
 Khler. F.iji. ni^iOiioa, Dr. Richer has return'd three Things, by way of Anfwer, 
 ^^"'-c'^' ^^' "poii this Decree. The firft is, that the Council of Conjlance did 
 ^' ^ ' ' not eftablilh this Immunity by a Decree, but only fpoke of it en paf- 
 
 fant, as of a Thing which was believ'd at that Time of Day. 2. That 
 the Council only made mention of this Immunity as far as it was granted 
 to the Clergy bv the Emperors and the Chriftian Princes in ordinary 
 Cafes, but not in privileged Caies, as are Crimes of State, and 0- 
 thers, the Cognifance of which appertains to the Civil Magiltrate 
 alone. The third is, that the Count de Feme having, contrary to all 
 Right and Realbn, and without any Formality of Jultice, cauied the 
 Billiop oi y:Ift to be arrefted, as he was returning home by PermifTion 
 of the Council, the Fathers were in the right to maintain the Pri- 
 vileges granted to the Clergy in a Cafe which did not concern the 
 Rights of the Temporal Nobility. This is only laid by the way in 
 a Treatile, where 'tis allowable to give the Hiftory of Opinions, but 
 not to determine the Merit of the Queftions themlelves. 
 
 Afterwards a certain Doftor read the four Decrees following. 
 The firft for prohibiting defamatory Libels, by virtue of which the 
 faid Doftor publickly tore one in Pieces, without reading it. The 
 fecond confirm'd, till there was a new Order, Peter de Moftoc, a Gafcon^ 
 iiominatedto the Bifhoprick of 5ijjo«»# by -Sf;;f(^/(f?Xni. inOppoficion 
 to William Arnand Bor dm, ^ha was created by ^oZ;;; XXIII. (i), 
 
 (i) The latter v/as at the Council in Qnalityof Ambaflador from CharUi III. King 
 olHavaiu. Gall.Chrift.T.U.v.Z^i. 
 
 3 The
 
 The Hijlory vf the Council <?/ Con stance, 57 
 
 The third enjoyn'd the Inhabitants of tlie Marquifttc o'i Jncoua to 141 7. 
 obey Gregory XII. as their true Legate. The fourth ciiabhih'd ccr- •-•'"V""^' 
 tain Commiffioners for tlie Affairs of Religion in Bchemia, in the room 
 of thole who were dead or difcharged. 
 
 After thele were read, the Archbiiliop of G;?^^;^ demanding that 
 Jie might alio be permitted to read a Letter from the King 0^ Poland 
 iind Jlexandcr de IVithcld^ an Advocate of the Teutonic Order oiier'd 
 to oppofe it, becaule the reading of ic had nor been relblved upon in 
 an Aifembly of the Nations, according to the eitabliih'd Rule. Nc-r </ uttrdi, 
 verthelefs it was read at the End of the SeiTion. Thole Princes there- TTV. p. 
 m told the Council, that they had done their Part towards making a '-'^°- 
 good Peace with the T'entonic Order-, but that the faid Order having 
 lejefled fuch realonable Propolids as had been made to them, the 
 Poles were not to blame if they were obliged to a Rupture for their .0%. L. XI. 
 own Defence. It appears, in iliort, from the Hiftory of Pola;u/j?- >!-, y''^- 
 that the Year preceding thole two Powers had a Meeting to agree 
 about the Conditions of a Treaty. The Grand Alafter of the (^rder 
 oiier'd, indeed, to rcnaunce all Ifis Pretentions to Samogiiia ; but ic 
 was upon Condition that the King, on his Part, fliould renounce all 
 Claim to the Conquefts which the Order had made in Poland. Tiic 
 King, not being in a Uumour to make lb general a Renunciation, pro- 
 pofed to refer their common Interells to Arbitration. But the Grand 
 Mafter of the Order, proud of an Alliance which he had juft made 
 with the Cham of Tartary, liaughtily rejected the Offer, and went 
 away wicLo.it fo much as once voucliliiling a Vific to the King of 
 Poland. 
 
 XXI. While we are m Poland, 'tis ncccffiry to ipcak of an Affair ti,c Mu- 
 which happcn'd there much about this 'lime, and which was brought ii.i!:;e of the 
 before the Council. Ladijlaas 'Jageilon marry 'd to his firft Wife (rz) King of ro- 
 lied-wiga Queen o'i Poland, Daughter to Leivis King oi Hungary; by'"'"'. 
 Vv'hich Match he became King oi Poland. But his Qiieen dying in'^"'' ^" '5S<>- 
 the Year \xgc.,LadiJlaus, about a Year after, marry'd Anne Daughter ^^ L xl 
 to the Count de Cilley, and Grand-daughter to King Caf.mir, who p. 574. 
 died in 14115. The f^me Year this Prince courted the Daughter of 
 the Emperor Charles IV. Dowager of tlie Duke of Brabant, w!ia rc- 
 jeikd liis Oiler, and marry 'd the Bilhop of Utrecht. Not long after- 
 wards falling in Love with Elizabeth de Pilcza, Daughter of a certain 
 Caflellan, who was an old infirm Widow, that had been marry 'd to 
 three Husbands, and had leveral Children, and whofe Character was 
 very fufpicious ; he marry'd her, againft the Advice of his Council, 
 who, in vain, rcinonftrated to him, that fuch a Match was unwor- 
 thy of him, and difadvanta^eous to the Kingdom. But as the Mother 
 of this new Bride had been Godmother to Ladijlaiis^ lie could not 
 
 Vol. II. H marry
 
 5& The Hijiory of the Council ^j/ C o n s t a n c e. 
 
 141 7. marry her without a Di^enfation from the Court o'i Rome. To this 
 \../^-V~''>-> end, he apply'd to the Council, wherein the Knights of tlie Teutonic 
 Order did not fail to accufe him, becaufe he marry 'd without waiting 
 for the Dilpenliition, which he obtain'd, not without Difficulty, and 
 on Condition, that after the Death of his laid third Wife, he ihould 
 not engage in a fourth Marriage. Neverthelels, he was niarry'd again 
 Dttig. nifi. four Years after toSonka^ the Daughter of a Palatine ot'Kiozu, in Ipite 
 r*-'""- P ■^•^•-- of the Grandees oi' Poland, to whom this Marriage was as dilpleafng 
 as the former^ becaufe Ladijhus had given his X^'ord to Sigijmoyid 
 that he would marry Sophia the Qj.ieen of Bohemia, who was IJ'en- 
 cejlans's Widow. Moreover, this new Bride was young, brought the 
 King no Portion, was his near Kinfwoman, and had none of the beft 
 of Characters. Queen Elizabeth above-menrion'd had been crown'd by 
 f)/«». wi/A;- the Archbilhop of /,£>/;/>(//, in theAblcnce of the Archbii"hop o^'Gncfm, 
 p. I'si, Sc who was at Confiance, and to whom that Office appertain'd, in quality 
 *^7 of Primate of the Kingdom. This Prelate I'earing that this Ad 
 
 might be prejudicial to his Primatefliip, caus'd himfelfto be confirm'd 
 in tiiat Dignity by a Decree of the Council. And ever fmce that 
 Time, lays Dlugos, the Archbiiliops of Gnefna. have been call'd Pri- 
 mates. The laid Prelate died in 142:, after having enjoyM that See 
 twelve Years and odd Months, with very great Reputation. 
 The Affairs XXII. TiLL the Council meets again, we will pafs from Polahd to 
 9i' BJieviia. Bohemia, where the Execution of Jerome of Prague had no other Ef- 
 ieft than to blow up the Flame, which the Execution of John Hits 
 had already kindled. The two Parties, raging with equal Eury, 
 roar'd Night and Day in the Streets of Prague and the Highv\ays of 
 Bohemia, deftroying all with Fire and Sword. The hluffites made a 
 MalTacre of the Priefts, and burnt and plundered the Churches and 
 Monafteries, crying out, Wickliff and Hus for ever, while thofe of the 
 other Party cry'd out, Long live the Pope, and knocked down all the 
 («) MS. n'ra- Hi'.Jfites Oj) they met with. The former were headed by two confi- 
 ti/Liw,Fol,V. d(,j.j^l3le Leaders, one of whom was the formidable Zifca, already 
 mention'd. This Nobleman, after having left Prague, retir'd to the 
 Diltrifl: of Pf//»''^, which he had taken. There, being affifted by the 
 Preacher H'enceflaus Coranda, he propagated HuJJitifm with all his 
 Miglit. The other Leader was Nicholas de HuJJinetz, the Lord of a 
 Place of that Name, a zealous Proteftor of John HuS, and who, after 
 his Execution, had, on many Occafions, fignaliz'd his Zeal for HuJJl- 
 iali.a.^^^.tifm. The King oi Bohemia fufpefting that this Nobleman aim'd at 
 the Regal Power, he was oblig'd to remove from Prague, and to re- 
 tire to the Diftrifl: of Bechin, in which HuJJinetz. was fituate, and 
 where, by Confeqiience, he had very great Authority. Having af- 
 fcmbied all thole of his Party there that he could gee together, he 
 
 chole
 
 The Hijlory of the Council <?/ C o n s T a m c e. 59 
 
 chofe tlie Mountain, which was at'cciwards call'd Thabor (i), a fiw 1417. 
 Miles from Prague^ in order to form their AJfemblics, and to admi- V----'a/-~^->' 
 nifter the Communion to all the People in botli kinds. Duhrai-ins (j:i)[a) Dubrav. 
 lays, that when Nicholas dc Hufjlnctz liad in this Place alTcmblcd top 1524. 
 the Number of forty thouland Men, he propoled to them to cliufe a 
 Ring of their own Faith, but that a certain Ilufjite Pried, named 
 Coranda, made fuch a notable Speech againft tliis Propofition, that it 
 was unanimoully rejected. Mention has already been made of this 
 Faft upon another Occafion. Mean time, t!ie Communion, in botli 
 Kinds, was adminifter'd with Impunity almoft over all Bohemia^ not- 
 withftanding the violent Oppofition of the Clergy, and the Anathemas 
 of the Council. The Univerfity of Prague, by a publick Declaration, ^/'••''•'' ^^'" 
 dated the 17th 0^ March, this Year, approv'd of this way of admi- 'ZTueVie 
 niitcring the Sacrament of the Eucharift. The Explanation of their Vntvelftuuii' 
 Sentiments was made by John Cardinal, M. A. L. L. B. who was Pragcniis. 
 at that Time the Rcftor, in tlie Name, and by the Order, of the <^P- Hus. T. 
 whole Univerfity. In the hrft Place, the Univerlity protefts that ^' F ?''•♦• 
 they don't prefume at the introducing of any Innovation, or any Doc- 
 trine againft the Catholick, jlpofloUck and Roman Chnrch ; and that all 
 they aim at, is to let Believers right in the Article of the Eucharift. 
 Then they declare that they give a V'erdidt in favour of the Commu- 
 nion in both kinds with the more Contidence, becaule the Council of 
 Conftance it lelf had juft declar'd, that JefusClirift had io inftitutcd the 
 holv Supper, and that thus it was adminiftcr'd for a long Time in 
 the Church. This induces the Univerfity to exhort and conjure all 
 Believers to adhere devoutly to the Inftitution of our Saviour, not- 
 withftanding the moll lacred Cuftoms and Conftitutions. I know 
 not whether the Univerfity was thoroughly perfuaded that JefusChrill 
 is entire under both Species indilferently ; but here they only Ipeak 
 of it as a Matter of Tradition, ^iamfis iotas Chrijlus fiib alter utra, 
 e£e tradatitr. Be this as it will, they conclude by laying, that Ibme 
 Indulgence is allowable for thole who heretofore have not adminifter'd 
 the Communion in both kinds, either thro' Simplicity or Ignorance, 
 or for certain Cales of Nccefllty (J>). It was at this Time undoubt-C^) TheohaU. 
 edly that a certain Dominican, nam'd Peter de IVintzow, a Bohemian ^"'l i^^JT- 
 by Birth, and a Profelfor of Divinity, who had been one of the princi- r ^'\ 
 pal Enemies of John Hits and his Doctrine, confcls'd it in the pub- ?^ ^"" " ' 
 lick Univerfity, and begg'd Pardon of God and the King for having 
 16 unjuftly perieouted lb lioly a Man, and lb Orthodox a DoOior as 
 John Hits was. At the lame Time, he made Profefllon of his Belief, 
 that the Communion in both kinds is not only of Divine Inftitution, 
 
 (i) Tl'»li(ir, in the Eolemian Tongue, call'd by this Xamc, becaufe the HnJJites 
 ijgnifies Ttot; and the Mountain vras had ercfted Terns there. B«/i. p. 430,451. 
 
 H 2 but
 
 6o The Uijlory of the Council of Constance. 
 
 1417. but of an indifpenfible NecefTicy ^ and that this is the Confequence 
 v_^--V'-nj which ought to be infer'd fl-om the Decifion of the Council of 
 
 . Con(iancc. 
 
 Wenccjuu, XXIII. While thefe Things were tranfaaina, TVcnccfi.am retir'd 
 
 retires tiom ,, ,- , ^ , 1 , 5 1 n « r i • -ri ,- ■ r 
 
 i'Tae,!ie, and to a torcrcls (<?), where he deny d all Accels to his Ferion, inlo- 
 returui thi- much that the Grandees of Bohemia went one Day to wait upon him 
 tl'ef in a great Body ^ but he fpy'd them at a Diihuice, and cauled his 
 
 (<») r^'^"''"~- Guards to be doubled. This obliged the Grandees to depute two Bo- 
 M^ j!""^'"' f^'^'^f^i-'^ Lords to him (^), venerable for their grey Kairs and their 
 Julius czia- ^°"S Beards, to defire an Audience of him ^ which having obtain'd, 
 flaioviciui. the King order'd them to repair to another Fortrels (c), where he 
 (c) ziebraQ. promis'd to give them a Meeting. He was as good as liis Word, 
 
 and regaled them and fbme other Lords in a magnificent manner. 
 
 After the Repaft, one of tliem, nam'd IVilUam de Rofenbcyg^ made 
 
 tJiis Speech to the King. 
 
 ' Sire, The Lords, and all the Nobility of Bohemia, moft humbly 
 
 * defire to knowof you, why, according to the Prailice of your Father, 
 
 * of happy Memory, and of all the Dukes and Kings of Bohemia your 
 
 * Predecellors, your Majefty does not relide at Prague, the Capital of 
 
 * the Kingdom, for the VVeltiire and Tranquillity of your Subjects. 
 
 * They are very much aftonifh'd to fee your Majefty ib indilferent 
 
 * with regard to the Republick, while 'tis expofed to the Violence 
 
 * and Rapine of Robbers, who lay the Kingdom wafte. For this 
 
 * Reafon, they intreat you to return to Prague, and promiie your 
 
 * Alajefty all I^oyalty and' Affcftion.' The King return'd an Anfwer 
 
 * to the Speech in thefe Terms. 
 
 ' Dear William., You fay that the Grandees o'i Bohemia are fur- 
 
 * priz'd that, inftead of refiding at Prague, I fhut myfeif up among 
 *■ thefe Rocks j but you muft know that I dread the Spinca ([). You 
 
 * ought not to wonder that I keep at a Diftance from you, becaufe I 
 
 * could not be iafe in the Monaftery oi' Konigfaal near Beronne, nor m 
 
 * the Royal Palace. I have more Satisfaction at Ziebrac than I had 
 
 * in the Tower of Vienna (:).' But the Grandees having again in- 
 treated him to come to Prague, promifing, upon their Honour, that 
 he fliould be perfeftly iafe there, he aftually went with them to the 
 Fortrefs of JViffgrade, which is the Royal Palace of Prague. Some 
 Days after this, the Deputies of the City, together with ibme Lords 
 and Gentlemen, being very earneft Petitioners to him for Jbme 
 Churches, wherein they might ferve God after their own Way, and 
 
 (i) This is a Prifbn of the Old Town, cropriated for the Imprifonment of lewti 
 where he had been continued for above Women. 
 
 a Year, and which was afterwards ap- (2) He had been a Piifoncr there 3 
 
 long Time, 
 
 a celebrate-
 
 The Hiftory of the Council ^/^ C o n s t a n c :?. &x 
 
 celebrate the Holy Supper, according to thelnftitution of Jefiis Chrift, 1417. 
 he granted their Reqiielt. From that Time, lays Tbeobahl, the Memory ^,,^~v-sj 
 of John Hiis and Jerome of Prague, has been celebrated annually upon 
 the >' tb of luly, and a Refolution 'mas taken not to obey the Council (^dy^d) Theobald 
 
 XXIV". It was in this Month that a certain Htiffite, who is not '^'"- ""Jf- 
 nam'd, preached a Sermon in Bethlehem Oiz^qI, to the Honour of £;.5> ^''• 
 John Hhs and Jerome oi' Prague, from thefe VVords: Blejfed are ^/^O' of a Hfff^? 
 ivho fuffer for Righteoufnefs fake. The lirft Thing I oblerve in this 
 Sermon, is, that it has not the Ave Mary ufually pronounc'd after the 
 Exordium of it, as they do at this Day in the Church of Rome. The 
 Preacher only implores the Alfiftancc of Jefus Chrift, and then enters 
 upon the Subject by a Quotation from St. Chryfoflom, where that 
 Father oblerves, that Jeliis Chriit did not fay, * Bleffed are they tvho 
 ' fuffer Pcrfccution from the Pagans, to the end that it might not be 
 ' imagin'd that the Prom ife of Salvation was to thole only who fuffcF 
 
 * Perlecution for refuling to lerve Idols, becaule the Perlecution, 
 
 * which is fulfer'd from Hereticks, for not betraying the Truth, is 
 ' alio a Pcrfccution for Righteoufnefs, &c.' He afterwards divides his 
 Difcourle into three Tarts. In the firft, he treats of the Internal 
 or Spiritual Martyrdom, which the believing Soul fufters during the 
 Courfe of this Life; that is to fay, the Shocks which it has to fuftain 
 from the Temptations and Croffes of the World. In the fecond, he 
 treats of Martyrdom, properly fb call'd. And in the third, he applies 
 both thefe to John Hus and Jerome of Prague. As this Application 
 is the principal Thing that lies before us, 'tis necelTary to give an Ac- 
 count of what the Bethlehem Preacher fays concerning thele two Bohc' 
 mian Dotiors. As to John Hus, he calls on the whole Affembly to 
 witnels the Purity of h-s Behaviour and Converfation. * God, fays 
 
 * be-t had given, him a Tongue perfectly inftrufted when to ipS'^Jfj 
 
 * and when to be filent. Like another Elias, his Zeal flam'd ouc 
 
 * againft Antichrift, and againfl bis Simoniacal Clergy. He Ipent 
 
 * his Life in Preaching or Writing, hearing Confeffions, converting. 
 
 * Sinners, comforting the Afflicted. He was chafte, fobcr, fearing, 
 ' God, without Avarice, v/ithout Envy, without Pride, and without: 
 
 * Hypocrify, and his Heart was open alike to the Rich and the Poor, 
 ' giving good Advice to the one, and Affiftance to the other. After 
 ' having fulfer'd a tedious Perlecution in Bohemia, he was detained at 
 *■ Conftance near fix Months in a loathfome Prilbn, where he lijfFer'd 
 
 * Hunger, Thirfl:, and a great many Vexations from his Enemies, not 
 ' to reckon the Infirmities and Diftempers that were brought upon 
 
 * him by liich ill Treatment. Finally, without having regard to his 
 
 * Anfwers, he was condemn'd, and, after being degraded, deliver'd 
 
 * over to the Secular Arm, upon, the Evidence of his Enemies, and 
 f upon falle Extracts taken from his Works. A§ he made a pious- 
 
 JExic,
 
 i6^ The Hijiory of the Council 0/ Co n s t a n c e. 
 
 .1417. ' Exit, by asking Pardon of God for his Sins, and by praying for his 
 l^y^V^J ' Enemies, we ought in Charity to beheve that his Spirit, hke that 
 ' oi' Eliai, afcended to Heaven (1), in a fiery Chariot, to be receiv'd 
 ' into the Company of Angels.' The Preacher does not expatiate lb 
 iTiuch upon Jero7ne of Prague : He only fays, very honeftly, that the 
 Lengi^h and Severity of his Imprifonment, which was fuch, that he 
 was divers times found half dead, had obliged him to Ibme fort of 
 Recantation (;) ;, but that repenting of it afterwards, and having 
 confefs'd it in a publick Hearing, he endur'd the lame Puniihment as 
 John IJiis, with a great deal of Conftancy, rather than he would ab- 
 jure the Truth of the Gofpel. He afterwards fpeaks of five others, 
 whom he does not name, and who died for the iame Caule, vtz. Three 
 who were beheaded at Pyagne, whom there has been occafion to men- 
 tion more than once, and two that were burnt at Olmntz. He high- 
 ly extols the Sandlity of their Lives, and exhorts his Auditors to 
 be patient, and to wean themlelves from this VVorld, like them, in 
 hopes of gaining with them the Crown of Martyrdom. It was pro- 
 per to give an Extrait of this Sermon, that the World might be ena- 
 bled to judge in what manner the IluJJites fpoke of thofe whom they 
 look'd upon as their Martyrs. They lay indeed, that they liv\i 
 pioufiy, but they do not rank them in the Number of Saints j they do 
 not invoke them, and even (peak very modeitly of the Hopes which 
 r)e^«ft«j72o» they have of their Salvation, (pil- cridimiis) i.e. as W'e charitably be- 
 
 oportet nos lievC 
 
 S^'"' XXV. History lliys, that this Year the Huf^tes gain'd a Con- 
 
 Somcofthe queft by the Converfion of the Counts de Rofenberg (3), who openly 
 Bobemiatt embrac'd their Religion. TheobaJdus relates this Particular in the 
 Kobility following manner. This Year thzHuffites having perfuaded the Lords 
 ^r^^'^^'^^"*'^' oi Rofe7ibeyg to embrace their Party, the latter cauled all the Clergy 
 •' of their Dependancc to be alTembled in the Church of a certain 
 
 («) cruma- Town (a), where a Deacon got up into the Desk (^), from whence 
 «'" . they uled to fhew the R clicks to the People, and Ipoke as follows. 
 
 (A) John Blf- q'jyg i^of^j gf Kofeoberg iviil, and require^ that all the Pajiars of their Jii- 
 fif'- rifdi^ion dijlribute the Eucharifl in both kinds, and teach and pratlife all 
 
 thai John Hus prcaclod againfi the Pope. They 'who refufe Obedience 
 fuall he turn d out of their Churches in fix M^eeks. All thePriefts ha- 
 ving fignify'd their Confent by their Silence, they were invited to Din- 
 ner ^ after which, the Priefts being order'd to declare their Sentiments, 
 they demanded a Month's Time to confider of itj. which. was granted 
 
 (i) Cujus Spiiitus in igne, iiiftar E//'rf, whofe Name was Lcptia-, tlie cldeft Son, 
 
 ut pie crcdimus, afccndit in cceliirn. »ho(e Name was Cztncon de fi'urtember^ • 
 
 (;) Et licet in primis videbatur illis and the youngeft Son, who was call'ii 
 
 confcnfiJTc in parte. Vidalric dt Rofenberg. Jitcob ubi fuf. p, 
 
 (3) Tbey were three, viz the Father, 67. 
 
 them
 
 The Hijlory oftlTt Council <?/ C o n s t a n c e. 'e^ 
 
 them. Me;in time, the Parillies of two Priefts were taken away and 14 rj. 
 given to the HuJJites (i). v»</'V'\> 
 
 XXVI. The Term of feventy Days which had been prescribed session. 
 for BenedicVs Appearance, was expir'd. PiibHck Proclamation had Thirty 
 been made for him at the Gates of the Churches of Confiance, upon ^ * '^ ° f-' »• 
 the 8th of March \ but he not appearing either in Perfbn or by Proctor, j, ^^"' ^" 
 nothing remained but to give the hniihing Stroke to his Procefs. x. iv. p. * 
 Therefore, in the XXXIId Seffion, the Council deputed two Cardi- iic6. 
 nals and two Biihops, with Notaries, Scriveners, and an ApoftoHcal 
 Curlitor, to go and fummon Peter dc Lima once more at the Gates 
 of the Church in thefe Words. Peter de Luna, caWd Benedid XIII. 
 in bis Obedience^ is he here^ or any Perfon for him^ to tnake Anpwery 
 before the Council^ to the Accufation of Schifm and Ilerefy laid againji him? 
 Thefe Deputies having reported that they had found neither Peter de 
 Luna, nor any body for him, the Benediclins were order'd, for Form 
 Hike, to give an Account of their Journey once more, and to read Bene- 
 dicts Anlvver. After this, the Council declar'd Peter de Lirm an- 
 Outlaw, and nominated fevcnteen Commidloners, among whom, there 
 were two Cardinals, a Patriarch, and tlirce Biihops, with full Power, 
 to hear the Accufitions, and to receive the Depolitions of the Wit- 
 nelTes, in order to make a Report thereof at a publick Seflion. No' 
 more was done in this Sefilons, becaule the Procels was extremely te- 
 dious. 
 
 XXVII. A general Congregation was held loon after, in which Au- The Audi- 
 dience was given to the Ambafladors of Caflilky who were arriv'd tnce of the 
 ibme Days before, to the Number of eight, viz. two Biihops, two c^/'/Z/iw/.^ 
 Gentlemen, and four Doiilors, according to the Ads of Brunfivick ^P"^ 3-' 
 and Leipfck ^ but Sarita reckons nine, viz. Don Diego de Annaya^ ^ -^'^rHy, 
 Bifliop of C«f wffl ^ Don Fernand Peres de Ayala; Don Jmn^ Biihop of 121$/ ^' 
 Badajox \ Martin Fernandez de Cordoua, Governor of the King's 
 Pages ^ Fernand de Illefcas, a Minor Frier, who had been Confeflbr to 
 the King Don John oiCaftille, the King's Grandfather ^ Fernand de Ava- 
 .los, Doilor of Laws, and Dean of the Church of Segovia, and Auditor 
 of the King's Audience ^ Diego Fcrnandes de FaUadolid, a Dodor of 
 Laws, and Dean oi'Palencia in the Kingdoaa o^Leon ■■, Leivis de Falladolld, r^-. ^„y ^^ 
 a Dominican :, and Dr. John Fcrnandes de Pennaflur (r). This Congre- nal. Arrag 
 gation aflembled in the Cathedral at the Hour of the publick Stffions, Lib XII, 
 but without the uliial Ceremonies, becaule the Cajiillians did not yet Cap. 66- 
 acknowledge the Council. The Emperor was not there, either be- 
 caule he had a mind to take a Journey for a few Days, or becaule 
 that, being fenfible the Cajiillians ifill held out lecretly for Benedill^ 
 he was apprehenfive that Things would not be managed there with a 
 
 (1) The Jefuit Balhinus only f^ys, that and not that rhey made an ©pen Pro- 
 thofe Noblemen flaggef'd in the Faith, kihono{HuJ[itifm. E^it>Rer, Behem p.430 
 
 3 pro^eE
 
 ^4 • The Hijlory of the Council ^/Constance. 
 
 1 4 17. proper Decorum. After the AmbafTadors had produced their CrC' 
 v.^/-^^,,'-v^ dentials, the Biihop o^'Cue/ica, who was one of them, made a Speech, 
 wherein he applauded the Zieal with which the Alfembly o^ Con fiance 
 labour'd in the x^ffairs of the Church, and propofed the good Offices 
 of the King, the Queen Mother, and the whole Kingdom of Cajiilk^ de- 
 claring chat they would produce their Inftruflions and Orders when the 
 Time came for their uniting to the Council, ExprcfTlons lb indefinite 
 and guarded, were a plain Demonfrration that they did not delign to 
 •ynite, but upon certain Conditions to be agreed on before-hand. Ne- 
 sdelfi Comp. vertheleis, SchcIJIrate informs us, upon the Authority of four MSS. 
 ohon. p. jS. jn {■]-,£. V'aricart, that the Ambafiiidors explain'd themfelves at that 
 Time a little more clearly, than appears they did, by the other Ads, 
 for they laid, that before the Union they could wifh to be inform'd 
 oflbme Things concern'ng the State of the Council. Be this as it 
 will, tli: Cardinal de riviers^ as Prefident of the AiTembly, made 
 r. d. H.init, Anfwcr to the Cajiillians, that the Council was entirely difpofed to 
 ubi /up. p. tlie'Union^ that it was alfembled for that Purpole ^ that with this 
 li'S*- \'icw they had waited for them with very great Impatience ^ that 
 
 their Arrival gave them Joy, and that an Offer was made to them of 
 all juft and realbnable Methods for their particular Union, in order to 
 ad, in concert with them, for the general Union. 
 
 A s to the Bifhop of Cucnca, I will here, in the very Words of 
 
 Amelot dc la Hov.jJ'aye^ relate a particular Circumftance, , which he 
 
 («•) Lib. IIJ, quoted from the Hiftory of Salamanca (a). ' Ac the Council of 
 
 cap. 14. ' Conflance^ Don Diego dc /Inayci Bifliop of Ciwnca, AmbafTador from 
 
 * John II. King of Cajiilkj having had high Words with the Am- 
 
 * baflador of EngLuid, who dilputed the Precedence with him, pui 
 ' an End to the Difpute by open Violence. He took his Adverlary 
 ' about the Waite, and carry VI him like a Child (the EfigUJJjman be- 
 
 * ing a little Man) to the lower End of the Church, where he threw 
 I-*' him into a Grave, which happened to be open at that Tinie^ and 
 
 * ' then returning to his Place, he laid to his Collegue Don Martin 
 
 * Fernandez de Cordo/ia : As a Prieji., I have juji iwiv com^nitted the 
 -*■ A'/nb affix dor of England to the Duji ; Do you ijuhat remains^ as bt- 
 
 ■rfe^ Memoir * ^omes a Man of the Szvord, and a Gentle/Kan by Birth Q). 
 iiipor.vchvci. The Emperor fct out that very Day for Rat olf cell., to take fbme 
 cr?>;^ &=!.«- Eafe during the Eafcr Holidays, which were then approaching. The 
 ter. T. 1. p. Clergy, on their Part, made ready to celebrate the Feftival by Pro- 
 '' ceffions, and other pious Solemnities ^ at which there was fo prodigious 
 
 r tt. H.trA a Concourfe of People, that the Nations were oblig'd to meet in 
 T. IV p. diiiereric Churclies, the Italians and Spaniards m the Cathedral, the 
 iziS, laif), French in the Monaftery of the Dominicans^ and the Germans^ with 
 the En^ajh., in. St. Stcphetii Church, to perform their Devotions. 
 
 xxvni. nei-
 
 . The Hijtory of the Council «?/ C o N s t a n c e. 65 
 
 XXVIII. Neither the Abfence of the Emperor, nor the So- 14.17- 
 lemnicics of the Feftival, hindered the AppHcation to the Alfairs of >-^~v-n_> 
 the Council. Dachcr takes Notice, that on the ^th oi' Jpril a De- Difficulties 
 cree was pubhckly fix'd up, whereby Peter de Luna was declar'd an |!'"^'^'j.''y "^'^^ 
 Outlaw, with all his Adherents j and that an Edifl: from the Em- Jpr'i'" 
 peror was publifli'd in the lame manner againft the Duke oi' yfujlria.r, j. Hardt, 
 This Editt let forth the Realbns which the Emperor had to feize all T. IV'. p. 
 the Eftate of Frederick o'i Juftria^ and enjoyn'd all that held Eiefs of '-^°- 
 that Duke to apply hereafter to his Imperial Majcfty. SchelJIrate ^''^-'^'fi- Comf. 
 reports, that on the 5th of yipril the Emperor demanded of the Am- clrojt. p.^^. 
 balfadors of Cajiille what Explanations they were defirous of before the '"'' '' 
 Unions and that thole Ambalfadors then gave in certain Articles 
 
 which related chiefly to the Freedom of the Council, and to the iMe- 
 thod to be taken for the Eleilion of a new Pope. The lame Author 
 adds two Realbns which the Cafiillians had to demand thole Expla- 
 nations, I. Becaufe they knew that fome Things had been cariy'd in 
 the Council with a very high Hand \ particularly what had been 
 agreed upon, in Ipite of the Cardinals, by the Decree of the Xllth 
 and XlVth Sedions, not to elect a nevv Pope without the Content of 
 the Council. ■:. Becaufe the Cajlillians did not intend that the Car- 
 dinals fliould be excluded from the Election, and were for liibftituting P" imfreffo- 
 Ibme other Cardinals in the room of the SpanifJj Cardinals who itill '""'■> I^- ^.- 
 adher'd to Benedia XIII. It was thele Articles of the Cajiillians, ""'sT •< - - 
 which, as Schelftrate pretends, gave Occafion to the Cardinals, who > »•'" 
 
 were fupported by the French and Italians, to demand importunately 
 that the manner of elefting a new Pope might be regulated before all 
 other Points. But as the Emperor was not willing that this Article 
 ihould be meddled with before the depoling of Bencdi6l XIII. and 
 the Reformation of the Church in its Head and Members, there aroie 
 tedious Dilputes;, the Emperor perfifting, with the Germans and the Eng' 
 lip, in his Opinion i and the Ci^7?///;V?;w equally perfifting in their Refulal 
 to unite to the Council, till the manner of eleding a Pope was regulated. 
 This is what Scbcljlrate relates upon the Authority of four MSS. as has 
 been Jliid \ neverthelefs it does not appear, either by the Afts of M. 
 Von der Hardt, or by Dacheri, Hiftory, that there was any Dilputer. rf. w.^,.^; 
 between the Cajlillians zr\6. the other Nations before the 15th of'June.T.ly. p. ' 
 Indeed, there were warm Debates that Day upon the Right of Suffrages 1220. . 
 m the Council. But it ended with that Day, and on the i8th the 
 Cajlillians united to the Council, as we ihall find in its proper Place. 
 
 XXIX. The Emperor return'd to Conjlance on the 15th of ^/rz7. Divers Civil 
 Notwithftanding his indefatigable Zeal for the Intereftsof the Church,and Political 
 he did not neglect thole of the State. The principal Members off^*""'* ''^g"- 
 die Empire being tlien at Conjlance, either in Perlbn or by their De-^^^f^^ |'J ^^^ 
 puties, the States thereof affembled, from Time to Time, to judge of^ ' ^ 
 
 Vol. II. I Civil
 
 66 The Hijfory of the CcuncII <?/ G o n s t a u c e^ 
 
 1417. Civil Affairs, and to put an End to the Quarrels that arole between 
 j_/-V^>0 the Princes and the other great Men. As Affairs of this fort do not 
 dire£lly relate to the Council, wc find but little iaid of them in the 
 A£ls, To treat of them with fbme Exattncfs, it would be necelfary 
 to rake into the Records of every Place and Family. It appears to 
 r, d. Hardt, me, that there were great Difputes at that Time between the King of 
 T. V. troleg. Denmark and the Holftein Princes, and that they were laid before the 
 P- ^^- Emperor at Conftance. We will Ipeak of thofe v/ith the Duke of Ba^ 
 
 varia hereafter. The Count Gonthier de Schivartzembourg caus'd his 
 Coufin Henry Count de Sch'ivartzembourg to be fummon'd before the 
 Emperor's Tribunal, on a Complaint that he with-held from him thfe 
 Writings and Titles of feveral Places and Lordlhip*. But as thfe 
 Count Gonthier was Prefident of the Chamber of Juftice, and cbnfe- 
 quently would have been both Jiulge and Party in the Affair, it was 
 refer'd to Conrad Count de Fribourg, who condemn'd Henry to reftore 
 to Gonthier the Papers which related to him in particular, and to put 
 thole which belong'd to the Family in general into a third Hand. 
 AlheriKarntz, In the Chronicle oi Albert Krantz^ and in Korncrm, we may lee 
 Lib. X. p in what manner the Divifions of the City of Lubeck with the Magi- 
 '^'rrf'/f^r ^^"^^f^s were accommodated. Neither of thole Authors relates this 
 '?. V. shleg. -Affair to the Emperor's Advantage. The City of Lubeck had turn'd- 
 p. iG. out their old Magiftrates, and form'd a new Senate, confifting of 
 
 Burghers and Artihcers. This Quarrel having been refer'd to the 
 Emperor, he gave a Decree at firft for the old Council. But the 
 NecefTity he was in for Money, made him hearken to the Offers 
 which the new Conluls made, to lend him a certain Sum. The old 
 Senate, finding themlelves thereby depriv'd of the Hopes of being re- 
 eftablilh'd, implor'd the Interceflion of Eric King, oi' Denmark vi'xth. 
 Kigifmond his near Relation, and offer'd to pay down the Sum for 
 him, which he had borrow'd of the City of Lubeck. The Burghers 
 refuled to take the Money, iaying that they had lent it to the Em- 
 peror, and not to the old Conluls ^ but the Emperor, not thinking 
 himfelf under any Obligation to the City of Lubeck, confirm'd the 
 Sentence in favour of the old Council, and profecuted the new Magi- 
 XrtcS jToi Urates. The Counts Otho and Frederick, Burgraves o^ Dhona, com- 
 154. r.rf.Hijr plain'^d alfb to the Emperor, that in 1401 William of Saxony, fur- 
 T. V. nam'd Om-cfd, when at War with Wencsjlaus King of Bohemia, took 
 
 the City oiDbona from them, together with leveral other Places ap- 
 pertaining to that County. John King oi Bohemia had mortgag'd that 
 Lordfhip to them a long time ago for a Sum of Money, which they 
 lent him. But in 1J41 that King gave them a perpetual Title 
 to it, as a Reward for the fignal Services which they had done to the 
 Crown of Bohemia. How the Affair was decided at Conftance, I know 
 riocv 'iJUt it appears^ from Hiftory, ^hat, in the JSeg inning of the 13 th 
 
 Century,
 
 The H'ljlory of the Council of Co n stance. 67 
 
 Century, the Emperor Frederick gave the Caflle of Dhona to One- 141 7. 
 car us ]L\n'^o{ jBobemia, and that fVilliarn of Saxony had no Right to 
 it. During the Council^ the Emperor alfo granted divers Privileges 
 to leveral I'ovvns, particularly SpiiCy Nuremberg^ Brunjhvkk and C'o«- 
 ftance. He gave to feveral Princes thelnvediture ofth^ir Doniinions^ 
 particularly to the Elector PaUtine, to the Count de Nellentbourg, tp 
 Rodolpb Eledor of Saxony^ to Wafia Duke of Pomerania in /Vol- 
 gafl and JBilhop of Camin. Thele 'Princes vvere very glad to re- 
 ceive this Honour at fo remarkable a Juncture as that of a general 
 Council \ and, on the other hand, thele folemn A£ts added no little 
 Splendor to the Council. We have already oblery'd, that, on the 
 ■!.\ii oi February this Year, the Emperor gave the Inveltiture of the 
 JEleftorate of yV/^K/s to Johude NaJJ'au the Archbilhop. 
 
 XXX. Among the Princes who repair'd to Conftance with theTheMark- 
 fiime View, there were few who made a more Iplendid Appearance S"veo<^^'/- 
 there than Frederick Markgrave of Mifnia and Landgrave of Thiirin- ^^^ ^ft'^'^'' '" 
 gia, furnam'd the Warlike. He made his folemn Entry on the i^^rlTuardt 
 oi April. The Emperor, Rodulpb Elector of Saxony, Leivis oi Jia'va-T.lV. p.* 
 rifl Elector Palatine, Frederick IJurgrave o'i Nuremberg, three Dukes ^--i-. 
 
 oi Bavaria, L^ms j)uke oi^ Briga, and a great nii^ny other Noble- _^^"' '.'• 
 men, went and met him. Hiftory lays, that the Emperor had a fin-p'f!, ' ""' 
 gular Value for this Prince, who had figualiz'd his Bravery qn ihyctal Me^nkenius de 
 important Occafions. Neverthelels they did not let their Elorles to- Frederko Be!- 
 gether at Confiance. Befides the Inveftiture of Mifnia, Frederick^-^fi- 
 came thither to demand of the Elmperor the Inveftiture of fome 
 Towns of Bohemia, which he then poffels'd by Right of Conqueft. 
 The firft Article met with no Difficulty ; but the Emperor, who was 
 Brother to the King of Bohemia, and who was himlelf prefiimptive 
 Heir to that Crown, was inflexible as to the fccond. Frederick was 
 fo incens'd at it, that lie would not accept of the Inveftiture of 
 Mifnia, but retir'd from Conflawe, leaving this Menace. He that 
 has refufed me tl^e Iftveftiture at Conftance, ivill perhaps grant it to vie 
 in the Field of Battle. Neverthelefs, as the Emperor had an Efteem 
 4b.r this Prince, and as it -was with 'ReluLtancc that he oppoled one of 
 his Pretenfions, he made him amends Ibme Years after, by giving 
 him, with a Preference to other Princes who put in for it, the Eiec- 
 •iiOX2itto'i Saxony, which became vacant in 1422 by the Death oi Al- 
 bert ill. the laft Elector of Saxony of the Houle of Anhalt. By tlyzhnnk. Khifup. 
 way, we muft not forget that fredsrick the IVarlike .was the founder p. 12. 
 of the Univerfity of I^ipfick. 
 
 XXXI. FREDERICK V. 'R\xr^xz.-^t o? Nuremberg, the firft Fc^^/ewVABur- 
 Eliettor of that Auguft family, the prelent glorious reigning onejei'i^e of ^w- 
 did not meet with that Difficulty in receiving the Inveftiture ot''"^*^'^,'*„ 
 the Eleaorate of Brandenh.urg. This El^ttorate was revolv'd to'^iMe^'" 
 
 I a Sigif-bMrg.
 
 63 Tfoe Hijlory of the Council 0/ Co n s,t a n c e^ 
 
 1417. Sigifmond by the Death 0^ Jojfe the Markgrave of A/o;-«'y;<3, to whom 
 V^-^v^^ ^^ had mortgag'd it, and who afterwards fold it to William Markgrave 
 Schook. Hift. of Mifma, and Landgrave of thuringia. The Marquifate of Bran- 
 MS. Frid. p. denbourg had fliffer'd very much for a long Time by this varioii? 
 ^r Change of Matters, who, for the greateft part of the Time, were ab- 
 
 fent, or had not Power enough to check the Enterprizes of the Gentle- 
 men of the Country. Sigifmond having redeem'd it from the Mark- 
 grave of Mifnia, immediately after the Death of 7'#> ^^ was recog- 
 nized Sovereign of it with the more Joy, becaufe the State was in 
 hopes of recovering both Peace and Plenty under fo potent a Matter, 
 la 141 L But Sigifmond being at this Time chofe Emperor, he thought imme- 
 diately of giving a Governor to the Marquifate, who had all the ne- 
 ceiTary Qiialities to retrieve it from its languifhing Condition. Confider- 
 ing the then Confufion of the Affairs of Brandenbourg, there was a 
 Neceffity for the utmoft Prudence to humour fome People, and 
 for Courage to reduce others to their Duty, by giving proper Ex- 
 amples of Clemency and Severity \ butefpecially a great and difintereft- 
 ed Soul was wanted who would not be tempted by Avarice, lb 
 common a Bait to the Governors of Provinces, and to which this 
 Country had been long a Sacrifice. The Emperor, finding all thefe 
 Qiialities in Frederick^ fix'd his Eyes upon him to eftabliih him, and 
 his Heirs, Governor, or Adminiftrator-General of the Marquifate and 
 Ele£lorate oi Brandenbourg^ with Sovereign Power to difpofe of all 
 Matters there abfolutely, only referving to himfelf the fole Dignity 
 of Ele£lor (i), as appears from the Patents for that Purpofe, which 
 were pafs'd at Buda in 141 1. Thefe Patents contain a very authen- 
 tick and glorious Teftimony of the great Virtues of Frederick, and the 
 important Services which he had perform'd to the Emperor on fundry 
 Occafions, as well as to all Germany. The Year following, Frederick 
 (4) K. d. H4r went to Brandenbourg (a), to put himfelf in Poffeflion of his newDig- 
 T.VI. Pw/*^.nity, and having alTembled the States, he was unanimoufly recogniz'd 
 p- II in full Senate. But he was not fo acceptable to great Part of the 
 
 Nobility, who, being us'd to fifli in troubled Waters, did not mighti- 
 ly care for a Governor, whofe Juftice and Authority feem'd a Terror 
 jritb. Chnn to their Ambition and infatiable^ Avarice. It took up two whole 
 airfaug. T. Years before he could fupprefs a Failion formidable in itfelf, and fup- 
 ^^ ?■ J55> ported by fome neighbouring Princes. After having humbled the 
 ^J*^- Rebels, and pardon'd thofe who were return 'd to their Allegiance, 
 
 Frederick went to Conflance^ by Order of the Emperor, who, as a Re- 
 ward for his Services, had a Defign to give him the Property of 
 the Electorate of Brandenbourg. He made his Entrance into the City 
 
 (1) Sola tantumEIeaoraliDignitate,& Regi competCHS eo fpeflat refcrvati, 
 ii c^uid prseterca cuilibet Romanorum Sthook. 
 
 Ott
 
 The Hijiory of the Council <?/" C o N s t a n c E. 6^ 
 
 on the 5th o'[ jfanmryy 141 5, accompany'd by the Flower of the No- iaij* 
 bility of the Country, and in particular by John de fValdaiv Bilhop of 
 Brandenbotirg^ and the Count </(? Riipin. After his Arrival, he always 
 appear'd in Council with Splendor, being prcfent with the Emperor 
 at the publick SefTions, and executing important Commiflions in his 
 Name^ as particularly his fetching back Pope John XXIII. to Gottlc- 
 ' ben to hear the Sentence of his Depofition. The Affairs of this Pope 
 and John Hiu fo employ'd the Council and the Emperor all the Year 
 r4i5, that it was almoft impoflible to think of any other. But 
 when thefe two Affairs were difpatch'd, the Emperor, by Confent of 
 Wencejlam his Brother, treated with Frederick for the Electorate of 
 Brandenbourg. This pafs'd in 141^ in the Imperial Palace, in the 
 Prefence of the Electors and the Great Chancellor of the Empire, 
 where the Emperor's Patents were read for ellablifhing Frederick f lec- 
 tor of Brandenbourg. They imported in Subflance, ' i. That Si- 
 ' gifrnond^ having nothing at Heart but the Happinefs of the 
 
 * Empire, and of his Hereditary Counties, had negledled nothing to 
 
 * make them flourifh. 2. That God having given h\m fuch •vafi 
 ' DornifiioKS, that they could Icarce be defended ivlth the Power of 
 
 * jingelsy he had for a long time been of Opinion that he could not 
 
 * make better Provifion for the Welfare of the Eleftoral MarquiJTite, 
 
 * than by giving it a Stadtholder in the Perlbn of Frederick Burgrave 
 
 * of Nuremberg^ a Prince whole Wildom and Valour rendered him 
 ' richly worthy of that Dignity. 3. That his Affairs in the Em- 
 ' pire jncreafing upon his Hands every Day fo faft, that it was im- 
 
 * poffible for him to go to Brandenbourg:, and moreover, as it was for 
 
 * the Honour of the Empire and more expedient, to augment than todi- 
 
 * minilh the Number of the Eleftors, he had refolv'd to yield the 
 ' Electorate, with all its Dependencies, Jurifdiftions and Subjefls, 
 ' Chriftian or not Chriflian, (Unchrijlen, &c.) to Frederick, who, by 
 ' his Wifdom and glorious Exploits, as well as by the great Sums of 
 ' Money he had expended, had put the Marquifate into a very good 
 ' Condition, and won the Hearts of the Inhabitants, ,1. That for 
 
 * theie Caules he commanded all its Princes, Prelates, Earls, Barons, 
 
 * Nobles and Cities, to recognize Frederick, and to take the Oatji 
 
 * to him as their lawful Sovereign, referving to himfelf neverthelels, 
 
 * that if iVenceJlaus or he (Sigifmond) flrould happen to have Male 
 
 * IlTue, they might redeem the Eleftorate for the Sum of four hun- 
 
 * dred thouland Hungarian Florins of Gold. 
 
 After the Electors had given their Confent in Writing to this 
 Declaration, Frederick Iblemnly took his Place in the College of the 
 Electors. He began firft with Complaints againft the Dukes of 
 Pomerania, who had diflurbed the Peace by giving Aid to the Lords 
 of ^itzauy who were in Rebellion againft him. The Emperor, after 
 
 having.
 
 70 The Hifiory of the Council <?/ C o n s T a n c e^ 
 
 haviiij; taken Counlel of the Eiellors, put Otbo and Cajimir DuTccs 
 of Pomerama, the Cities of Ste.'in and Gartz, and all tlie Inhabitants 
 '/;» ^^ Porffemniay under the Ban of the Empire -^ including in the iaid 
 H;'^ P^'^j,.'"f Ban all Men above 14 Years of Age (<j). I mun: oblerve one parti- 
 I. p, 67. 72. cular here, which I have met with in an Author (b\ who has wrote 
 (61 Theob. q very exa^l Hiftory of the War of the HuJJUes ; and who, upon this 
 War CT the(jj-(..j.JQj^^^-j^^}^g ^jj.,.j^JQ,, of the Grant which the Emperor made of the 
 j/^./« ■'■i' Marquitate of Brandenbourgto Frederick. He reports that one of the 
 Articles of the Treaty was, that Frederick fiwu'd ailift Sigifmond with ail 
 his Fcrces, in calc he Jliou'd be obliged to take Arms for reducing 
 the ilaffiies in Bnbemui. I'his fame Author adds, that the Bohemians, 
 having had Advice of it, complain'd that the Emperor had alie- 
 nated the Marquilate of LyaKdenboarg, which belong'd, as they pre- 
 tended, to tlie Kingdom of Bohemia, in order to give it to a Fo- 
 reigner, .and even with a Condition of making War upon them. They 
 inurmor'd at it to JVcnccjlam, but to no purpofe \, becaufc the Empe- 
 ror having made this Donation by his Conient, the Bohemians had 
 no Right to oppole it;, for the Marquilate belong'd to JVenceflaus 
 and Sigifmoml, and not to the Kingdom of Bohemia. A MS. Chro- 
 nicle of Magdckourgx^'i us, tliat Frederick, arrived in OSlober this Year 
 at Berlin :, and that having produced the Emperor's l,etters, he there 
 receiv'd the Homage of his Subjevls in Quality of Eleftor, and Arch- 
 Chamberlain of the Empire. Among thofe wlio did Homage to 
 him, Mr. Gundling reckons ChriJIopher Balthafar, and fViUiam, 
 {^c')Vli flip. Princes of the PFandals if). The Count de Biherfiein, whom he had 
 left in his Place, not having Authority fufficient to fupprels the Re- 
 mains of an obftinate Faction, which took the Opportunity of the Go- 
 vernor's Abfence to make a frelh Infurreftion, it took up all the Year 
 following to put the Marquilate of Brandenhourg in a State of Tranquil- 
 lity. In 1417 Frederick return'd to Confiance, and receiv'd thelnvet 
 tkiire of his Eledorate from the Emperor, on the 18th of April 
 vvith very great Solemnity. A very curious Delcription of this Ce- 
 ■y^r.-f iS. remony may be fcen in the Fifth V^olume of Dr. Von der Hardt'% 
 Thi"!^w.'.s Co'icclioa, who took it out of the German MS. Hiftory o'i Gebhard 
 'sllnday" See Dacher, a Privy CounfcUor to the Elector of - Saxony, who was pre- 
 sauehr and fent ac: the Ceremony. I iliall content my lelf with giving a general 
 cerniiins. Idea of this Solemnity. A Stage was eredled in the Publick Square 
 large enough to contain about forty Perfons. At the Head of the 
 Stage, there was an Arm Chair for the Emperor ^ on each fide of 
 which was a Bench in Form of a Couch, on which four Perlbns 
 might fit. When the Hour of the Ceremony was come, the Eleftorf, 
 Princes, and all the Nobles went to Frederick's Palace to fetch him. 
 -As foon as he was arriv'd, the Emperor appear'd in his Imperial 
 
 Robes.
 
 The H'ljlory of the Council tf/ C o n s T a N c E. /t 
 
 Robes Ci), accompany'd by two Cardinals and three BIfliops. The 141 7 
 Relation fays, they were only there out of Curiofity, their Prclence 
 not being at all elfential to this Ceremony. The Emperor, having 
 feated himlelf, cauled the two Cardinals to fit down alfo ; the one 
 en his Right Hand, the other on his Left, and the Bifliops near them. 
 The Great Chancellor of the Empire flood behind the Cardinal who lat 
 on the Emperor's Right Hand. All things being thus prepar'd, Frede- 
 rick was bid to alcend the Stage. Then the Eleftor Palatine^ advancing 
 with the Globe and Imperial Scepter in his Hand, placed hinileif 
 behind the Cardinal who fit on the Emperor's Left Hand, and the 
 Eleftor of Saxony, bearing the Imperial Sword, plac'd himfelf behind 
 the Cardinal on the Right. Round the Stage there was a Cardinal, 
 live Archbifliops and leveral Biihops, who came thither to do Ho- 
 nourito Frederick. This Prince afcended the Stage, fupported by two 
 Gentlemen, wlio each carried a Banner with the Arms of the Bra;:- 
 di'ubourg Family, and thole of the Burgraves of Nuremberg. All thefe 
 three kneeled down at the Top of the Steps, and, after having rilen up, 
 fell on their Knees again before the Emperor j and while they were in that 
 Pofture, the Chancellor read to Frederick his Patent containing his En- 
 gagements, which he fwore duly to execute. After he had taken the 
 Oiith, the Emperor put into his Hands the Banners on which were the 
 Arms of the Brandenbourg Family, and of the Burgraves of Nurembergy 
 with the Imperial Globe, and the EleQor of Saxony girded liim 
 with the Sword. Thus the Ceremony ended. ()n that day the new 
 Eleftor treated the Emperor, the EleSors, the Princes and all the No- 
 bles, together with the Archbifiiops, Biihops, and the moft confiderable 
 part of the Clergy. As to the Cardinals, there is a Relation, which 
 lays pofitively thut they were there too j but the other fcems to lay, 
 that they were not there, or that, if they were, they had a Table to 
 tliemfelves. The lame Ceremonies were obterved at the Invcftiture 
 of the other Secular Electors, and particularly in that of Lezvis, Elec- 
 tor Pala-tine, who receiv'd his upon the nth oi' ALircb this Yearv 
 and in that of Rodolph, Eledlor of Saxouy, who had his upjn the 
 J 6th oi^ May. But there was not lb much Ceremony at the Invet-r.n'. w.ii'A.T, 
 titure of the other Princes, particularly the Dukes of BavariaylV.p 1303 
 JVafia Duke of Pomerania and Bifhop of Camin, ylJulphhi Count ot 
 CkveSy whom the Emperor made a Duke on the 2Sth oi Jpril, the 
 Count Eberhard de Nellenbourg., who was invefted on the nth of 
 May, and fome other Noblemen. There is a Relation alfb, vvhich- 
 lays, that the Inveftiture of tiie otlier F'.Jc^lors was not perlornf d with 
 
 (i) He had the Crov/n on his Head, Emperors and King<;, at theii Confccrationrj,, 
 
 and Avas anay'd in the Dalmatick, wliich and upon Days of Oereii.otiy, as WC arc 
 
 IS an Ornament of tlie Deacons of the inforra'd by Dit Cthtngr 
 Church of «.j«f, that was vvom by the 
 
 fo
 
 7 a The lliflory of the Council (9/ C o n s T a n c E. 
 
 1 4, J. fa much Solemnity as that of Frederick. As for the Spiritual Kle^lors, 
 \^~^-^^ it was confer'd upon them in a particular Way, and without their 
 Kneeling j as was oblerv'd in the Account given of the Inveftiture of 
 tlie Kkctors of Mentz. Frederick ftaid at Conjiance till the Coun- 
 cil was ended, and appeared there with Splendor, as we Ihall fee here- 
 aPter. Mean time, here we may place the Marriage of his Daugh- 
 ter Elizabeth with Levjis 11. Uuke of Lignitz and Briig, though 
 ic was not celebrated till the Year 141?. 
 Tl-D;'!i»of XXXII. This Cuke, of whom Hiftory makes Mention as a Prince 
 Li^nitzm^ii- o'i very great Merit, diRinguifli'd himfelt according to the Cuftom of 
 lies the that TimCj by a Journey \^]^chhc made to the Holy Land, in 1404. 
 Y'-''Sp",,°* He had the Misfortune to be taken Prifcner, as he returned from 
 of BrWf»-'th;it Expedition, and was ranfom'd by his Brother Henry IX. 
 hourg, Duke of Luben^ and by the City of Brieg. He had marry'd to his 
 
 firft Wife the Sifter of Emcric Count de Cepufez Governour of Upper 
 Ilnv.gary^ by whom he had no Iffue. As he was a great Favourite with 
 the tniperor, and as it was to his Mediation that his firft Marriage 
 was owing, he made Application to the Emperor to help him to an- 
 other VN ife. He had many Opportunities to tell the Emperor 
 how he ftood affcLled, becaufe he accompany'd him wherever he 
 went, from the beginning of the Year 1414 till the Time of the 
 'Ann Uqwc Council, to which the Duke alio repair'd that very Year. In a MS. 
 MS. Gcdcfred. f^jftory of the Duchefs of Lignitz, there's one particular which may 
 ^^'**'!-^- ■^>"*'^- lerve to dilcover this Duke's ingenious Generofity. Being at Afeutz 
 c'aT'T/' a little before he went to the Council, he had a mind to regale the 
 The MS. was Emperor, and the Eledors and Princes, who were there with him. But 
 gcncioudy the Emperor, who was unwilling that the Duke fhou'd put himfelf to 
 coranninica- nggjiefs £xpence, gave a ftrifl: Injunftion that he ftou'd not be allow'd 
 M 'lZr„ Fewel to drefs his Fcaft. The Duke being inform'd of this Order, 
 a Learned ' thought of a very fingular Expedient, wliich was to order his Stew- 
 Gentleman of ard to go to the Nut-Carts and buy up all the Nuts in the Market, 
 s':lefia. j.q ^^^^^ them inftead of other Fewel. The Entertainment was very 
 
 magnificent, and the Gucfts declar'd that they had never tafted any 
 Provilion lb delicate. It was no doubt at thefe familiar Interviews, 
 that the Marriage was proposed between l.c^is of Lignitz, and EH- 
 , n zabcth of Brandcfibourg, which was celebrated at Conjiance with very 
 
 541": ^ gi'eiit Solemnity •, the Emperor honouring the Feaft with his Prefence. 
 The Duke returned the following Year to his Dominions. An Hifto- 
 ri;in of SUcfia fays, that Leziis had all the Reafon in the W^orid 
 to repent of the Zeal which he fliewed for the Execution of John HuSy 
 and of the cruel Pleafure he took in being an Eyc-wirnefs 
 of it. becaufe afterwards the Iluffites ravag'd his Dominions without 
 Mercy. 
 
 ^ . XXXIII.
 
 V -,*•<"■ 
 
 The Hiflory of the Council 0/ C o n S T a KC s, 75 
 
 XXXIII. Frederick fet (Jut alfb on the 19th of Ma_y, to return to I417. 
 his own Dominions, and found himfelf again oblig'd to take Arms a- v^'~v^»^ 
 gainft the Vh^z% o^ Mecklembtirg zx\\ Pomctuma, who held fevcral ^ ^"""^ J^''' 
 Places in the Marquilate of i?r«T«//(f«^o/;r^. This War being happily '£|j*|.''^qJ- ^,.^ 
 terminated, the Elctlor look'd out ibr'an advantageous Match for iiisElcaor of" 
 Son Frederirk, who was his SucceflTor. With this View he cowxtQA. t^randenlour)/, 
 an Alliance with Ladijiaus Jageilon, King of Poland^ of whom he-*^^" '^'' ^'^' 
 demanded his Daughter Hedwiga in Marriage for his lecond Son g[^'^" J^^ '**'^ ' 
 Frederick, who was but in the ninth Year of his Age. The King of i„ ^^^^i. 
 Poland^ who ftood in need of Frederick's AfTiftance againft the 7r«-o/"^. p. 4J1. 
 /(3«;V/t Order, calily confented to this Match: Whereupon Frederick lhnt*^'*j ?■ 
 his Son into Poland^ to be bred "up after the PoliJJ} Manner ; but this '9. ^• 
 Marriage did not take Place, becaule of the Death of Hedwiga, which 
 happen'd in i4?i. Gilbert III. Elettor of Saxony, dying this lame 
 Year, Frederick, who had Pretenfions to that Eleftorate, and demanded 
 it lor one of his Sons, gave a great Inftance of his Moderation, and 
 of his Deference to the Emperor, by yielding it to Frederick of^f^"^- ^"?' 
 ATifnia, to whom he alio reftor'd IVitremherg^ and Ibme other Towns '^'"'"'^ ^ 
 of Saxony, of which he had taken PolTefllon in the Emperor's Name. 
 Notwithftanding the Eleilor's Inclination to Peace, he was not at- 
 tack'd with Impunity. This Leivis of Bavaria of Ingolflad found, 
 to his Coll, a proud turbulent Prince, who was fo puffed up at his Alli- 
 ance witli the King o^ France (1), that he was infupportably trouble- i 
 fome, both to his Neighbours and Allies. Having formed fome l. 
 chimerical Pretenfions to the Marquilate 0? Brandenbonrg, he took that ?,i 
 Handle to make an Incurfion into it in a violent Manner, with luch \ 
 Airs of Infult and Contempt as were common to him : But it was •" 
 not long e'rc he had caufe to repent of it. Eor Frederick, entering 
 Bai-aria'Atthz Head of an Army, deftroy'd all the Lands o? tht Bava- 
 rian with Fire and Sword, and iiibdued above thirty Towhs and Ca- 
 ftles. Frederick, upon his Return from this Expedition, in order to Schook, p at 
 confirm the Peace which he had made with Jlbert J)uke o^ MeckJemburg cemiuui. 
 prelumptivc Heir of the Crown of Sivedet:, gave him in Marriage his 
 Daughter Margaret as yet under Age. Albert dy'd fbon after without II- 
 fue. The Crown of Bohemia being devolv'd to tlie Emperor by the 
 :Death of IVencefiaus his Brother, which happen'd in 1419, he alTem- 
 bled all the Forces in the Empire to put an End to the War of the 
 IluJJites, which had reduc'd that Kingdom within an Act of Deftru- 
 ftion. He had three Armies on p'oot, one of which was commanded 
 by our Elector, who extricated himlelf out of this War with 
 more Valour than Succefs. His own Alfairs calling him back into 
 the Heart of his Dominions, he marry 'd the Princels C-fciUa, one 
 
 ( I ) He W.1S Brother-in-Li»w to ChArUs VI. 
 
 Vol. II. K of
 
 7^ X^'^f^JlQ^y- of fh COUft^It <?/ C O N S T A N C E, 
 
 1417I. of his Daughters, to Ullliam Duke o^ Lunenbourgy thinking it a Piece 
 L/ ^\r\J of State- Policy to engage 16 powerful a Neighbour, as that Prince 
 was, in his Intereft. Fyedericky being oblig'd to go into Franconia to 
 make Ibme Regulations in his Hereditary Dominions, left the Gor 
 vernitient of th? Marquilate to his Son John^ who fignaiiz'd hi3 Wit 
 dom an^ Courage by the R^overy of Prentzlaw the Capital of the 
 Upper: MarqiiifaU, which the Dukes of Pmieranic'- took pofleflion 
 of-, and by the Victories, which he gaia'd over the Dukes of 
 Aleckkmhurg and the Fandajs that were jojn'd together in a League 
 againft BKUudenhourg. Mean time, the War of the Hujfitcs growing 
 ipore obftinate than ever, the Emperor put Frederick at the tiead of 
 40C00 Men, whom he fent to Bohemia to reduce them. But Frede- 
 nr;^'s. Valour not being well lupported by the Confederates, his Country 
 was a Viftim to the Refentmentof the HuJfiteSy who fell into it with 
 Fury, and made fuch Ravages in it as. are inexpreffible. This oblig'd 
 Fr.ederJck to reciirn. to his Dominions -, where, after having diipers'd 
 that Storm, he employed himlelf in the Regulation of the other Af* 
 fairs of the Elevtorate, and in ftcuring himlelf from the Infults of his 
 Neighbpuis, who look'd upon his Authority and Profperity with aa 
 evil Eye. As he found himfelf already advanc'd in Years, and wea- 
 ien'd by the Toils he had undergone with an heroic Conftancy for 
 Ip long a Series of Y^ars, he was wilfing to provide the State with 
 a Succeflbr, cspabie of governing it well, and of fupporting the GJory 
 which he had acquir'd by his WilUonr^ atvi Valour. I5 was for this 
 Realbn, that having a greater Regard to the publick Welfare than to 
 the Rights of Birth, he nominated (i) for his Succeiibr Fredtrick 
 his fecond Son, whom he thovight more adive and better qualify 'd for 
 the Fatigues of War than his eldeft Son John. The latter acquiefc'd 
 therein not only without the leaft murniuring, but even with a Re- 
 ipett and Refign^tion, which HiftQcy has no leis commended than 
 ifhe Wifiiom of thf. Father. A^«r this. Authors have recorded nothing 
 J,. , memorable oi Frederick^ who ended his glorious Career in the Month 
 of September 1440, and whole Aflaons Ipeak his Praife. Being a 
 Compound of the Hero and the Peace-maker, he was always equally 
 incUf)'<i to draw the Sword, or to iheathe it. As he never took Arms 
 hut upon pure Neceflity, Ip he chofe rather to recede from his Rights 
 thaQ to acquire Glory at the Fxpence of his Subjefts. There was as 
 gjrcat a Portion of Wifdom and Cunning neceffary, as of Intrepidity 
 and Courage, to furmount lb great Difficulties as thole which he 
 met with at firft, and which he was oblig'd to ftand the Shock of du- 
 ring the whole Courfe of his Reign, as well at Home as Abroad. But 
 above all, Hiftorians iinaniraoufly praife him for two Qualities, which 
 
 ! (i) This is iheSrtdtrick who was, aftcrwardi Proteftor of the Council oiBaftl. 
 
 3 arc
 
 Thi Hijior} of the CdufiCil <?/ C o S s t A 'k c t. 75 
 
 are nncommon, yet efftntially neceflary in Princes, viz. Probity and ah 141- 
 inviolable Reijard to his Word. After this Digredion, which I L/'v 
 thought not foreign to the Hiftory, we now return to the Council. 
 
 XXXIV. When the Commirtioiiers, who had been appointed to AflTembly of 
 prepare Matters for the Tryal of RcnediEl XlII, had fummon'd hihi the Commii^ 
 leveral times with all the F'ormality, they met to hear the Acciila- ^^"/^yfl'lL 
 tions read, which were to ferve as the Ground 6f' his Depofition. ^^n/ 23. ' 
 As they are very near the fame Articles that wete ei^hibited upon the 
 ^th o'i November^ in the preceding Year, except that (hefc now read 
 are a little more enlarged, and enter into Ibme farther particulars of 
 Benedicl XIU's Conduft, we may be excus'd from inferting them here. 
 
 XXXV^ Two Davs after this, the lame CommilTtoners met a- Another Af- 
 gain to take the Dcpolicion of the Witnefles they had fubpoena'd, of'-'m^'y up°? 
 whom there appear'd that Day a very great Number, particularly fe- 1-^^ *^j^/^[" 
 ven Cardinals, two Patriarchs, two ArchbiJhops, fix Bifnops and a ^'^^ Hai-ir, 
 great many Doftors, as well o'i Be>ieeliSl\ as of the other Obediences. T. IV. p.* 
 Of all the Witnefles that were fummonM, none but Pfter Cauchon^^^'.y- 
 Envoy of the Duke of Burgundy ^ and a certain Doftor, named Rodolpby 
 refus'd to appear to be fworn, who for that reafon Were outlawed, 
 and as fuch fummon'd to flievv Caulc for their Refulal: Keverthcleis 
 in a few Days, Peter Cauchon alfo kifs'd the Book. When alt the 
 Witnefles were fworn, they withdrew -, after which, the Emperor ap- 
 pear'd with the Archbifhop of Rtga^ and a Prothonotary, to be fworn 
 as Witnefles to the fame Fafts charg'd upon Benedtci, and they ac- 
 cordingly had the Oath adminiftered to them by the Biihop of Salif- 
 bury, whom the Commiflioners had appointed for that Fundion. ■ y ^ ,^^^^. 
 
 XXXVI. Some days after this, frelh Articles were exhibited a- T. 1V\ p. ' 
 gainft Benedicl, which were rediK'd to thele three Heads, i The 1277 
 manifefl: Juggle betwixt him and Grf^ory, to avoid being at the Meet- '^''P Profe- 
 ing which they had pretended to agree to. 2. His formal Refu- ^"[,'j'JI^ ^cw- 
 lai to repair to the Council 0? Pi/a there to perform his Promi(e,^;c7continu'd 
 and to help to promote the Union. ^. It was charg'd upon him as He- f'J^y 6. 
 rely for having declared that the Promiie he had made to refign was notjl''- 'j'^'^'i 
 in the leaft obligatory upon him even tho' his Competitors fhou'd re-|,g^^ ' ?' 
 fign or be depos'd, if fuch a Method did not leem likely in his opi-scrmon of a 
 nion to give Peace to the Church. Doctor of 
 
 XXXVII. WHir.E every thing was thus preparing for the De- ^ *■".?«'. upo« 
 pofing of Bcfiedin, feveral Doftors, who were as defirous as the Eai- ^'^'^ Refo™a- 
 perorthat the Reformation of the Church, elpcciallyin its Head, Aiou'dQ^-jjci,, and 
 be let about before the elcL^ing of another Pope, explain'd thcmlelves the Election 
 upon this Article with great Vigor and Freedom in their publick Dif-of a Pope, 
 couffcs. This A/rtmc*? did, an eminent ProfelTor- of Divinity at Prague, f'^ ^j, 
 of whom an ample Account has already been given in this Hiftory, in -j- j n'^g^o^ 
 a Sermon he preach'd againft the gjols Ignorance and E^iorraitics of and iv' p, 
 
 K 2 thciiSj,
 
 7^ The Hijlory of the Council of Con s T- a n c e. 
 
 14 1 7. the Clergy. This Sermon deferves the more Attention, becaufc it 
 L/''V%J came from a Doftor at Prague^ who, being an Adverfary to John Hus 
 and Jacobely explain'd himlelf, in relation to the Clergy, with as much 
 Freedom as John Hus could have done himfelf Among other Par- 
 ticulars of this Sermon, Maurice therein reprelbnts to the Cardinals, 
 " that the Red Hat having been only confer'd upon them, to give them 
 
 to underrtand that they ought to llipport the Interefts of the Church 
 to the lafl: Drop of their Blood, the Fear of what Man can do ought 
 not to deter them from doing their Duty in the Ekclion of Popes. 
 Among the Diibrders of the Clergy, he infilts particularly upon 
 Simony, which he looks upon as the principal Source of the Schilm. 
 He dilfers widely from the Opinion of thofe who pretend that the 
 Pope, being Lord and Alafler of the Church Revenues, can never be 
 guilty of Simony. On the contrary, he only looks upon the Pope as the 
 D;7}i*n/a<»rfOT Difpenler and Steward of thole Revenues, and by branding, as he 
 &• viilicum. does, all Perlbns who are guilty of Simony, with the Appellation 
 of Hereticks, he furnifhes the Council with a good Argument to 
 juflify the depofing of John XXIII. and Benedltl XIII. who were 
 both great Simonifls, and by confequence Hereticks, and worthy of be- 
 ing depoJed even according to the Canon Law. But above all, he 
 obferves, that the Council is the more concern'd to extirpate Simony 
 entirely, becaufe 'tis the common Opinion that John Hus was only 
 put to Death for having preached ftrenuoufly againfl: that Dilbrder. 
 NevertheleJs, he looks upon this Opinion of the Publick to be 
 Herefy. 
 .: . The new Elector of Brandenbourg ftickled hard too for the Re- 
 
 formation before the Eleftion of a Pope. He had been taught, 
 by long Experience, how milchievous the Irregularities of the Clergy 
 had been to Germany. They, fays he, who are eftahlijiyd to take Care 
 of the Churches, inter fere to a Man alttiofl in fecular Affairs, and only 
 jpend the Revenues thereof in their own Diver fions. They make fo many. 
 pew Purchafes every Day, that at lafl they will get all the Land in their 
 I own Clutches, and they have even already ufurfd a confiderahle Part of 
 the Empire. He propolcd the iflliing of a Decree by the Council to 
 forbid the Clergy of Germany to buy Lands for the Time to come. 
 He made fo vigorous a Stand againft the Cardinals who were for 
 chullng a Pope before the Work of Reformation, that they dc- 
 fired a Safe-Condu^l of him to withdraw from the Council > but he 
 refused it, and told them that the College of Cardinals had no Right 
 to diffolve a Council, or to transfer it, becaufe it appertain'd to 
 the Emperor to call a Council, not only in a Time of Schilin, but 
 at any other Time, in quality of Advocate and Defender of the 
 ^i^'"""'"^' Church. C«)- 
 
 XXXVIII The
 
 ^ The Hijiory of the Council <y^ C o n s t a n c e." fj 
 
 XXXVIII. The only Bufinefs appointed for the XXXIIId ScfHon 14 1 7. 
 was, to hear the Report of the Commiffioners appointed for the Tryal L/'S/'X-J 
 o( Benedi^ yA\l. The Cardinal fl'^ /^mVri prelided in it as ulual, ^^SSIOM 
 and the Emperor was prefent at it, accompany'd by the tleftors and ^ " * ^ ^ * 
 Princes of tiie Empire. The Eleftor oi Saxony carry'd the Sword, the May iz. 
 Eleillor Palathi! the Apple or Imperial Globe, and Frederick Elcilor r w Hardt, 
 o'l Brandenbourg the Sceptre. After the ufual Ceremonies, the Cardi-T IV. p. 
 nal de St. Mark, in Behalf of his Collegues, made a Report of his'5^^» ^3'^- 
 Commifllon, and reprelented, that having feveral times Ibmmoned 
 Benedicl to no piirpole, they had examined ail the Articles exhibited 
 againit him, and taken the Depoficions of a great Number of Wit- 
 nelfes, Cardinals, Patriarclis, Archbiihops, Biihops, Prelates, Doc- 
 tors, and other Pcrlijns of a different Charaftcr. That afterwards all 
 the Ai-ts and Regifters were produced to them in due Eorni, which 
 ferv'd to prove thole Acculations, and that they were ready to give 
 an Account of them more at large, if the Council thought fit. After 
 this Report was made, an Apoftolical Curfitor coming in to tell the 
 Alfembly that Benedifi had again been fummon'd, and that he did 
 not appear, nor any body for him, Henry de Piro and Jolm de Scri- 
 banis, Pro^lors of the Council, niov'd that he might be declared an' 
 Outlaw, and fummon'd once more. Upon this, the Prefident of the 
 Council deputed two Cardinals, one Archbifhop, three Biihops, and 
 a General of the Order, with two Prothonotaries, to cite him again. 
 After they were return'd, the Proftors of the Council made frefli In- 
 llances that Benediil might be declar'd an Outlaw, and that a certain 
 Time might alio be appointed him to make his Defence-, and they de- 
 manded, that the Ails, Regiilers, and other Pieces againft him, might 
 be l.iid open for Ferulal, and that they might have Copies of them. 
 "U'hich having been unanimcully granted, the Bilhop of Dole read a 
 Decree, whereby the Council declar'd Beneditl an Outlaw, order'd all 
 the Deeds produced againft him to be made publick, and allow'd him 
 till the isth Inftant to come and make liis Defence in Perfbn. 
 
 XXXIX. He was therefore fummon'd once more upon the 15th, Bfw./7fffs 
 and upon his Non-appearance, his Outlawry was repeated, and the fummon'cf. 
 Commiffioners relblv d unanimoufly viva voce, and without any other ^^'J '?• 
 Formality, that no longer Delay fhould be granted him. But pro- 
 bably there were fome Members who murmur'd at the fhortnels of 
 the Term, which was now limited for his Defence, bccaufe on the 
 211^ the Commiflioners being again alTembled, came to another Relo- Majzi, 
 lution for the greater Precaution, and ex abundanti, and, in order ta 
 obviate all manner of Complaints and Cavils, to grant him till the isthj AiJj' 2.5 
 to make his Defence^ which was the laft Day of liis being fura- 
 ciQn'd. 
 
 XL. MEAii
 
 78 The Hijlory of the Council of Co k s T a k c i.' 
 
 1^17. XL. Mean time, the Cardinals held frequent AlTcmblies to con- 
 
 v,<''-v-s^ fivier of the Method for proceeding to the lileO:ion of a new Pope, 
 
 Atll-mbly of as foon as Bcnedici ihould be depoled. It has ah'eady been obferv'd 
 
 thcCuvdiR.ilsgK^^yf^gi^g that various were the Opinions concernina; the Order to be 
 
 coiRvemi 
 
 tllL- 
 
 i^teftfon pi-i'^'ucd in the Aftair of the Reformation of the Church. The Emperor, 
 of a Pope, the GerwjHs^ and the Englijl}^ not thinking it pofTible to fiicceed if 
 schiifi, C'jri?i>. they Ihould defer the Regulation of it till atter the Eleftion of a Pope, 
 <*/on. p 59 y^.g,-g f-Q,- putting off the Election till the Council had made proper 
 y! . &> Gefi. j^gguiiitions for the Relbrmation of the Church in its Head and 
 " ''' Members. But the Cardinals, who were in this Point feconded by the 
 other Nations, were not for touching upon one Article of the Reforma- 
 tion till a Pope was choie, under Pretence that it was the Bufinefs of the 
 Head of the Church to reform it. The Caftillians elpecially refufed 
 to unite with the Council till the manner of proceeding totheEleftion 
 JVJ.7 29. of a Pope was lettled. This Affair was debated Alay 29, in the Pre- 
 tIv*'"^'^'' '^nce of the Emperor, to whom the Cardinals prelented a Plan for 
 I'-o aud ^^^ Elcftioa In this Plan they propoled, * that for this Time only, 
 T.ll. p. jS5. ' and without Confequence for the future, each Nation Ihould nomi- 
 
 * nate the like Number of Prelates, and other Ecclefiaftical Perlbns, 
 ' as the Cardinals, and not more, to proceed with them to theEleftion 
 
 * of a Pope. That the Election fliould not be valid if it was not ap- 
 
 * provM by the Suffrage of two thirds of the Cardinals, and two 
 
 * thirds of the Deputies of the Nations, That the Prelates, and 
 '■ other Eleftors deputed, fhall, as well as the Cardinals, obferve all 
 
 * the Apoftolical Conftitutions, Cuftoms and Regulations, which had, 
 
 * till then, beai followed in the Election of Popes. That all the 
 
 * E'leftors, as vvell the Cardinals as the Deputies, fhall promile, upon 
 
 * Oath, to behave in this ElecT:ion without Partiality, without PafTlon, 
 
 * without Regard to Nations or Perfons, and without any otherView 
 ' than the Welfare of the Church. And that, finally, thisEleftion be 
 ' made by the Approbation and Decree of the Council, who fliall re- 
 
 * drels Irregularities in the Election, if any there happen. 
 
 t The Deputies of the Univerfity of Cohgn, at the Council, fre- 
 quently fpeak in their Letters of theie Difputes between the Cardinals 
 and Nations conccrnlog the Manner of proceeding in the Eleftion of a 
 Pope ; and they mention the Propofal of the Cardinals almofl in the 
 fame Terms as above. One of thofe Letters, among other Par- 
 ticulars, reports a very oblHnate Controverfy between the Arragonefe 
 and Cajlill'mns. The Arragonefe being the firft that came, had ob- 
 tain'd a Decree of the Council, which gave them the Sandion of be- 
 ing reputed as the Spaniflj Nation in the Council, upon their engaging 
 to make the CafltU'icins confent to it, when they ffiould arrive. 
 But the latter vigoroufly oppofed it, and pretended that the Kingdom 
 of Caftilk was bigger than all the Kingdoms of Spain. The Council 
 
 and
 
 The Hijlory of the Coimcii <?/ C o n s T a N c r. 79 
 
 and the Emperor ufed all their Efforts, in vain, for the amicable Ac- 1417* 
 commodation of this Difference j for /the Determination of which, L/'>/"%J 
 they were obliged to appoint CommifTioners. The Letter lays, that 
 this Aliair would be ended in a few Days, and that immediately after 
 they hoped to go upon the Reformation of the Church ( i ). 
 
 XLL Next Day, being IVhitfunday, the Cardinal of C.-Jwir^z;' TheCardina! 
 made a Difcourfe, in which he ftrenuoiifly recommended the faid °^ 9""*',"^''^ 
 Plan, tho' it was not univerCdly approv'd of ^ nor particularly by the that^Subiea^ 
 Emperor and the Germans^ who were againft the Cardinals having lb mkj io. 
 great a Share in the Elefl:ion of a Pope, becaule it was very plain, y d Hatdt^, 
 from former EleOiions, that the generality of them had been the ^- ^^ • P- 
 Caufe of lb long and violent aSchilm. The Cardinal of Cambray Ipoke '^^'' 
 with, no little V'^ehemence againft the Opinion of fuch as were for put- 
 ting off the Election of the Pope till the Articles of the* Reformation 
 were fettled -^ upon which, there enfued very tedious and very lliarp 
 Debates. But 'tis not ftrange that the Cardinal of Cambray had the 
 lltid Plan of Elctlioa lb very much at Heart, for it was he that drew 
 it up. 
 
 XLII. It does not appear that the Emperor was prefent at the SESSION 
 XXXIVth Seflion ^ nor do the Acts name any Princes there butT't'i^TY 
 the Elc£lor oi Brandenbourg^ and Henry Duke of Bavaria. After the ^ °Z,^ ^^' 
 Litanies, and the ufual Prayers, they read the Golpcl at the Parable y^uaiJf 
 ef the AlarriagCj which tally'd perfedly with the Plan for depofing T. IV. p ' 
 BenediEL Then the Cardinal de St. Mark, after having preach'd a i?3i- 
 Sermon upon thefe Words, Far the. Hime is carne that- Judgment mu^ , 
 begin at the Honfe of God, made an exact Report of the Comraiflion 
 which had been granted to him, and the other Commilfioncrs, to pre- 
 pare Matters for this Pope's Tryal. The Bilhop of Dole publickly 
 read the Accufations which had been publickly laid before the Coun- 
 cil in the foregoing Seffion, but had nor as yet been read there \ and 
 the Bilhop q'i Litchfield read the Proofs of thofe Accufitions. After 
 this, the Bilhop of Concordia read a Decree, importing, that the Coun- 
 cil approv'd of every thing that the Coir.miffioners had done, and that; 
 nothing more renaain'd than immediatel}' to llimmon Benedi^ to hear 
 his Sentence. 
 
 XLIII. There was no more Time to be loft for fettling the Matters Controveriy 
 that were to be treated of in the Council after the depoling of ^^w- about the 
 di^. With this View, the Nations held frequent AlTcmblies, and ^/^o™-^""" 
 the Cardinals made a mighty Pother for eiefting a Pope without Delay. ^I^l^^i^^'j^l^',?" 
 The Emperor had already more than once declared his Mind concern- tio'n of ■*. 
 ing the Order necellary to be obierved, which was firft of all to dc- Popr - 
 
 (0 MMtnAntcH. T. II. p. i6-j9. The that the Bloody Flux began to fpread at 
 Letter IS dated 7«(y 2<}. It liJtcs Notice dnfiance, 
 
 pofe
 
 So The Hipry of the Council of C on s t a n c e; 
 
 1 4 17. pofc BenediEf, in the fecond Place to reform the Ecclefiaftical State," 
 ■'».y''"V'N-i and finally to chufe a new Pope. But he was thwarted in this Dc- 
 lign with invincible Obllinacy : And there was Inch a Clamour and fb 
 much Heat about it in an Aflembly of the Nations, which was held 
 June 16. upon the it^th oi June, that the Council was on the Point pf being 
 entirely diffolv'd. This Diicord was chiefly fomented by the CaJlillianSy 
 who ftill had a fecret Kindnefs for Peter de Lum,'^nd refiifed to joyn the 
 Council till they had regulated the Method for the Election of ano- 
 ther Pope. The AlTcmbly having broke up, and done nothing but 
 wrangled with very great Bitterneft and Confufion, met again the 
 fame Day to reconcile Animofities, and to prevent the Rupture of 
 the Council ; at which Time there was fuch an Appearance of lb many 
 wile and learned Men, and there were fo many amicable Conferences 
 betwixt the Nation?, that at lall the Caftillians, to the great Satisfac- 
 tion of the Emperor and the Council, promifed to unite. 
 The Em- XlilV. The Nations being again affembled next Day, the Em- 
 pcroi lolicits peror renew'd the Propolal he had made feveral times to proceed to 
 t<5r the Re- j-]^e Reformation of the Church and Court of Rome before the Elec- 
 fhrchurch t'°" °^ ^ ^^'^ PontiiT. Scbeljirate {a) even fays, that he infifted fo 
 bctbic the ftrenuoufly upon that Point in this AlTembly, that the French loudly 
 ElcSionof acomplain'd he debar'd the Council of that Freedom which he had 
 Pope. fo folemnly promiled to all the Members. However, I can't but 
 
 la^Thlwr ^'^'"'^ ^^'S Complaint was not very juftj and that the French, who 
 Comp. chrori. ™'ide it. Were to blame, becaufe it was denying; the Emperor, the 
 p. 60. Germans, and the EngliJIj, the Liberty they took themfelves, and 
 
 which, in ihort, all the Nations ought to have, of declaring their 
 Sentiments on the Method of proceeding in the Council. It will alio 
 appear ftrange to hear fuch a Complaint come from the French, who 
 had tlie Reformation of the Popes and their Court very much at Heart, 
 and had deliver'd their Minds upon that Article with more V^ehe- 
 mcnce and Liberty than any other Nation. Did not they therefore 
 forclee that wlien once the Pope was chole, he would manage the Re- 
 formation jufl: as he plealed, and would find Means to fhuffle it off, as 
 happen'd at the Council ofPifa? Moreover, in all Appearance, the 
 Animofities on both Sides were heightened. The tmperor a£led, 
 perhaps, with too great Authority, to the Dilguft of a Nation, na- 
 turally proud, though at that Time pretty much humbled. It may 
 ajlb be conjeftur'd, that the French were over-reach'd by the Artifices 
 of the Cardinals and a great many Prelates, who dreaded nothing fo 
 much as too levere a Reformation. Thefe Difputes, however, did not 
 prevent the holding of a publick Seflion next Day. 
 SESSION XLV. The Union of all the Nations was an Affair of too great 
 Thirty Importance to the Coanc'l for tli°m longer to defer the Solemnity ot uni- 
 * 'J "^ "„ ting with the Caji Ilia. a. Bcnedi^ XIII. would have made a Handle of 
 ' 3 this
 
 The Hijiory of the Council tf/' C o n s "t a n c e.^ Si 
 
 this to interpret his being depofed, as an Effect of the Pafllon of his 1417. 
 Enemies, and the DifaHccled would infallibly have pick'd a Qiiarrel ^../'■"v-v^ 
 with the Council upon this Icore, and have treated it as no better'', d. nardt, 
 than a Conventicle. It appears indeed, by the Atb, that no Sedion^-^^^ P 
 was Ipent with fo much Solemnity and Demonfl: rations of Joy as this, '55 
 in which the Cafiilliam united with the refl: of the Nations to acknow- 
 ledge the Council. The Ambalfadors of John King of Cafliile and 
 Leon being therefore introduc'd, dcchir'd that they were come to the 
 Alfembly with thefe three Views •■, in the firft Place, to convoke the 
 Council ofCofjftance-, fecondly,tounice with it^ and in the third Place, 
 to confirm their withdrawing from the Obedience o\^Bextik'{jand alfbto 
 ratify the Capitulation of Narbonne. After this Declaration, Peter 
 de Lembottrg, a Licentiate of Laws, read the King oi^ Cajli lie's Letter 
 of Attorney in publick. It v\as dated the J4th of OSfober, i4i<5, and 
 fign'd with the very Hand of Q^ieen Catbernie Mother to the King, 
 and Regent of the Kingdom, as well as by the Archbifhop o( Toledo^ 
 Primate of both Spam, and Great Chancellor of CaJlUk. This being 
 done, Z,ew« de Falladolid, a Dominican, one of the Cajlillian Ambaf- 
 .f<idors, read the A6t of Convocation of the Council, which concluded 
 -in thele Terms: By Virtue, and in Purfuance of the Narbonne Capi- 
 tulation, ive convoke all the Prelates and Lords who are in this Ajfembly. 
 Then the Archbiiliop of A/i(/;7« accepting this Summons, in the Name, 
 and by the Order of the Council, he read the third Article of the 
 Narbonne Capitulation, importing, that when tbofe of Benedicts Obe- 
 .dience were co;ne to Conftance, they fhould be united to the Council, fo 
 calVd by thofe who own'd it for fuch, in order to form a general Council. 
 Whereupon, Lewis de Falladolid read thefe Words : We Ambaffadors 
 and Pro^ors, &c. in the Name of &c. fVe unite to you, according to 
 this Article of the Narbonne Capitulation, a/pproving and commend- 
 ing whatever has been done again/1 Bcnedid, Jince the Union of the 
 Arragonefe, as much as if we had then been united to the Council. 
 The Archbilhop of Milan having anfwer'd this Aft, by the reading 
 of a reciprocal Ait, the Cardinal de Fii-iers pronounced the Placet 
 in the Name of the whole Alfembly. The fame Formalities were 
 obierved for the Union of Don Henry Infante of Caftille, and Grand 
 Mailer of the Order of St. Jago, who had alfo lent his Proctors to 
 the Council. After this folemn Aft, which concluded with a 7> 
 Deum, the Cardinal de Fiviers reluming his Place as Prefident, they 
 porform'd the Ceremonies cuftomary at all the Sedions. Then the 
 Archbifhop 0? Milan, accompany'd with Leivis de Falladolid, Iblemn- 
 ly confirmed the Narbonne C^^xtwhtion; after which, the wliole Coun- 
 cil folemnly fwore to obferve it, which was perform'd in this Order. 
 An Apoltolical Prothonotary, and another Officer of the Court of 
 Rome laying his Hand upon the Golpels, turn'd on the Riaht, firft 
 Vol. II. L to
 
 82 
 
 I4I7- 
 
 T. IV. p. ' 
 
 V; d. Hirdl, 
 T. IV. p. 
 1351- 
 
 The Gount 
 ^Armagnac. 
 
 yuven. del 
 '^t^, p. 20:1 
 
 The Hifiory of the Council <?/ C o n s t a n c b.' 
 
 to the Emperor, and then to all the Cardinalsj the Archbi/hOpSj 
 BiiliopS, and other Prelates, and to the Ambalfadorsof the Kiiigsand 
 Princes, and made them take the Oath. The Clergy iwore by laying 
 their Hands on their Breafts, and the others by touching the Gol- 
 pels, to obferve all the Articles of tiie Narhonne Gapiciilation in gene- 
 ral and in particular. Another Prothonotary, accompany 'd with ah: 
 Auditor of the Rota^ did the like, at the fame Time, on the Left- 
 hand. 
 
 When they were all fwom, Henry de Piro, Prodor of the Council, 
 ftood up, by Order of the Emperor, and made Proclamation, in his 
 Name, with a loud Voice, that if any Man had Power and Letter of 
 Attorney from the Prince and Count (T^rmagmc, he might declare ic. 
 Whereupon Ger/o;/, Chancellor of the Univerfity of Paris, and Am- 
 ballador of France^ made Anlwer, that the Ambafladors of the mod 
 Chriftian King had Alfurances in Writing, that the Count d' Amiagnat 
 would conform to every thing that the King his Matter ihould do. 
 But Henry de Piro protefted, in the Emperor's Name, that as there . 
 appeared no Full Power from the Count d'Armagnac himfelf, he did 
 not think him fufficiently engaged by the Declaration of Gerfon. 
 Thereupon the Proftor protefted publickly againft the Count J'^r- 
 magnac, confidering the Oath he had taken to perform the NarUnnt 
 
 Treaty. 
 
 The Caflilliatis had nothing more to do than to confirm and ap- 
 prove the King of jTragonh withdrawing himfelf from Benediffs 
 Obedience. To this end, the Archbilhop of Mi/an read a Decree of 
 the Council, annulling all the Oaths taken in Cajiille., not to with- 
 draw from the Obedience of BenediEi, as being contrary to the 
 Union of the Church. After this, the Ambaffidors of Cajiille ap- 
 prov'd and renew'd the withdrawing made at Perpigmn, and deli- 
 ver'd the Letters to that Effe£t from the King their Mafter and the . 
 Qiieen Mother. The Ceremony and Seffion concluded with a Ser- 
 mon of the Frier Predicant de Falladolid, and by the Mali, which was 
 celebrated by the Patriarch of Antioch, 
 
 XLVL Having Ipoke of the Count ^Armagnac in this Sedion, 
 it will not be improper to give a Hiftory of a Perlbnage, who ailed lb 
 confiderable a Part as he did in that Century. Bernard II. Count ^Vr- ■ 
 magnac in 1405 marry'd the Daughter of the Duke of Berry, and at 
 the fame time fignaliz'd his Valour againft the EngliJJ}. He was made 
 Conftable of France \n 141 5, in the room of Charles d''Albret, kill'dat 
 the Battle of Azincourt, and at that time he manag'd all Aftairs of the 
 Kingdom v/ith foveraign Authority, to the great Mortification of the 
 Duke of Burgundy his fwom Enemy, if not to the Prejudice of the pub- 
 lick Tranquillity : For they fay that he always thwarted the Peace 
 fectween the Princes of the JBlood, as well as that between France and 
 
 England-
 
 The Htjlory of the Council <5/ C o N s T a K c e. 8^ 
 
 England. I don'c know what were his Rcalbns for not fending his f4i7. 
 Prodors to the Council as did all the reft of Benedict XIII's Obe- IwSwl 
 dience. Perhaps this Pope had another fecrct Party in France, where ^'^'^''^''^y ^■ 
 the Depofing o'^'John XXIII. had given Difgult as has been oblerv'dT m 
 elfcwhere, and poffibly there might be PcrJbns in that Kingdom who ^94, 5^5 
 endeavour d lecretly to hinder tlie Council from going on lb tiift with VVindck ////? 
 regard to Peter de Luna. Moreover, the Duke of Burgundy had been ^'&'f'"- <=»P- 
 in cloie Alliance with Sigifinond^ the principal Inftigator of the De- ^^^' 
 pofition of ^(?Kfi^/'f? XIII, and the Count d'^rmagnac needed no o- 
 ther Plea to oblige him to defer his withdrawing from that Popes 
 Obedience. However it be, the Duke of Burgundy did not flip this 
 Opportunity to render his Antagonift fulpeOied in the Government j 
 as to which, among Gerfon's Works, I find a Letter from this Duke 
 which I will infert entire. It is not very long, and may be entertain- 
 ing to fuch as love to lee Original Pieces. 'Tis direSed to this (.^^r y y 
 
 ' Accomplices, endeavour by ftrange underhand Praftices to reduce 
 
 * the King and his whole Kingdom to the Obedience of Peter 
 
 * de Luna, in order to reftore and re-eftablifh him, Peter de Luna, 
 
 * in the Papal Seat, of which, by a Decree of the Catholick Church, 
 
 * and for a juft and reafonable Caufe, he was long ago deem'd unwor- 
 
 * thy, and as fuch then dilplac'd, and even fince that time by the De- 
 
 * claration of all the Clergy of the Kingdom, and of us who have all 
 
 * The Original runs thus in the Old ' ce qui a eflc fait par I'Oidonnance di4 
 
 Trttich: ' Clerge de ce Royaume. Nous confi- 
 
 ' Lcs Rois de Remains & d'Anglc- ' derans les iuconveniens £c troubles, 
 
 ' terrc nous ont de nouvel efcrit 8c fait ' qui, a caufe de telle enterprifc, pour- 
 
 ' fcavoir, que le Comte d'Armignac, ' roient advenir cu Jainte Eglife, Scrou.- 
 
 ' et fcs complices, ainfi qu'ils ont enten- ' te la Chrellicntc, ne voulons point que 
 
 * du, s'efforcent par voycs eftraignes, & ' en telle matiere ou nom de nous pro- 
 ' fbultines, de reduire Mondcur le Roi ' cede/, en quelconque maniere, fuis le 
 
 * & tout fon Royaume a rObeill'ance ' confent Sc bou grc dc> AmbafTadcurs 
 
 * de Pierre de la Lune, poiu- icelui Pier- * des dits Rois des Romains, & d'AuTlc- 
 ' re de la Lune reftiiucr cr remettre en I'e- ' terrc eftant au Saint Concile de 
 
 * tat de Papalice, duquel defpicca par ' Confiar.ce, Scfurce n'avej autre mande- 
 
 * 1' Ordonnance de 1' Eglifc Univerlelle, * ment de nous, & dont nous appcrt, en 
 
 < ;..j.,:r„... :s ,„ ,„„, „.,>_„ l' 
 
 ' & pour jufte & raifonnable cau(e, a 
 * eftc indignc, eft comme tel defpointie, 
 
 induifant a cc tous autres que trouvercz- 
 
 affeftez a nos faiz et befoigncs, ainu que 
 
 ' & depnis mefmerricnt par la declaration ' fcavez, & trouvcrcz, a faire pour le ini- 
 
 * de tout le Clerge du Royaume, & de ' eux, fuis aucunement y fallir, Reve- 
 ' nous qui fous;ours avons contendu a ' rends Peres en Dieu, nos chcrs & bi- 
 
 • tcnir bonne Paix 8c Union, tant en ' en amex, le Saint Efprit vous ait en {\ 
 ' I'Eglife, comme au Royaume, & qui ' benoite gaidc. ^-fcrite en notie rille de 
 ' autte.*bis avons confenii & accordc tout L'i. e U i6 jour d' Aoujf. 
 
 L 2 ' along
 
 §4 The Hifiory of the Council <?/ C o n s t a n c e. 
 
 I i I -•. ' along ccncenied for pi eferving the good Peace and Union both of 
 
 ^/'-"V^-v^ ' the Ghiircii and Kingdom, and -who heretofore confented and a- 
 
 , ' greed to every thing that was done by Order of the Clergy of this 
 
 ' Kingdom : We conlidering the Inconveniencies and Troubles, which 
 
 * by realbn of Inch an Attempt may accrue to the Holy Gmrch, and 
 
 * all Cbriflendom^ are not willing that ye fliou'd in any wife pro- 
 ' ceed in this Matter, or in our Name, without the Confent and good 
 
 * Pleafure of the Ambaifedors of the laid Kings of the Romans and of 
 
 * England^ at the facred Council of Conflance. And upon this yoa 
 *^ have no other Command from us that we know of, but fail not to 
 ' prevail upon all others,that ye fliall hnd aftefted to us and our Concerns, 
 
 * to do the fame, as ye ihall know and judge for the beft, Reverend Fa- 
 
 * thers in God dearly and well beloved, may the Holy Spirit take you 
 
 * into his blelfed Keeping. IVriiten in our City of Lijle the 2(ib Day of 
 Miitftr. T, I. ' yjuguji. Mofiflrekt relates another particular in this Affair which I don't 
 p- a5J' find in the j^Sls, viz. That the College of Cardinals deputed a Doftor, 
 
 whole name was Lievtn Ne'velin^ to the V)\.\k.Qoi Burgundy ^ to implore his 
 Ailiftance, and to let him know that all Cbriftendotn was join'd, excepting 
 only one Grain of Corn in a Bufljcl, that is to fay, the Counts of the County 
 oi Jrmagnac. The Deputy of the Cardinals moreover acquainted the 
 Duke, that he was lent to him by the Sacred College, not only as he 
 was the Duke o'i Burgundy, but as the Man who reprelented the Kingdom 
 of France and to whom appertained the Government, to make certain 
 Prayers and Requefts to him, and not to the King, the Dauphin, the Count 
 t'i'Armagnac nor the King' s Council; not to the King, becaufe he was engag'd 
 iff Bufinefs, and detained by fome Indifpofition ; not to the Dauphin, becaufe 
 he ivas too Young \ not to the Count (^'Armagnac, becaufe he ix:as ahan- 
 dortd to the Schifm ^ and not to the King's Council, becaufe fo-me of them 
 -, . , .„ivere the faid Count'' s Jdhcrents, and by confequence fufpeded of Schifm. 
 of'the'schiim Neverthelefs the Count d'Jrmagnac was not declar'd a Schifmatic m 
 p. 44(J. this ScflTon, nor did his Abfence hinder them from proceeding with . 
 tlie Depofal of Benedict. 
 
 In Father Daniel's Hiftory of France, I meet with another Par-. 
 ticular relating to the Duke of Burgundy, and the Count d'^r- 
 ■magnac, 'viz. That the Duke fent to the principal Cities of Fra»f^, 
 a Letter, which he pretended to have receiv'd from the Council of 
 Conjlance, and which was direfted to him as Regent of the King- 
 dom, to exhort him to contribute with all his Power to the Union 
 of the Church : The Council, faid he, tiot having thought fit to apply io 
 the King, becaufe he ivas fick j nor to the Dauphin, becaufe he was too 
 Toung \ nor to the Count of Arraagnac, becaufe the States of the faid 
 fa) Tom. III. l^ord flill own Peter de Luna (a).' But the Conftable d' Jrviagnac was 
 fi^F het depoled from that Employment this Year, by Ifabd Qiieen qv France, 
 xiamel uhi who alfum'd the Regency of the Kingdom, and put the Duke- of 
 jut p. bSp. Lorrain in his place {b). 
 
 I XLVn. The
 
 The Hiftory of the Council <?/ C o n s t a n c s. 85: 
 
 XLVII. The Emperor ftill perfifted with the Germans and the. I417. 
 Erigltjl}, in a Relblution CO regulate the Reformation of the Ciiiirch, be- -..•'-v-xj 
 fore the Election of the Pope, notvvithtlanding the Oppofition of the Car- Sermon of a 
 dinalSjthe Italians French and Spaniards, Upon this, Stephen ( i) oi Prague ^°"0'' ='f 
 Profelfor of i -ivinity made a Speech which is worthy of being perpetna- ionfh\u^' the 
 ted to Poikrity, becaiile of the Freedom with which he exprels'd him-Rcforn»uonj , 
 lelfiipon the Irregularities of the Clergy, and in particular againll 7«»« 27 
 the horrible Simony praflis'd at that time, by wliich Subjects that 
 liad neither Merit nor Capacity were advanc'd to the higheit Polls 
 in Church: Is it juji^ lays he, for Fools to prefide, and fur ivife Men to 
 obey j that Boys Jlioti'd command, and Grey-Hairs be their Lackeys j 
 that Ignoramus'^ fJjoud have the Charge of the nwft delicate JJfairs^ 
 and Scholars not dar? to open their Lips ; that Grooms fjjoiid be prefer d 
 to Doctors and the Preachers of God's IVord ? That's the Fruit of Si- 
 mony. In this Speech he dilcovers a great Z^eal for the Extirpation 
 of Hereiy, and even indiredly accules the Council of not being ib 
 earneft upon this Head as on the Affair of the Union. Alajus et Jalu- 
 britis eJJ'et fidei Chri/liana qudm diverfarum Obedientiarum accurrere 
 fciffiiris i /. e. It wou'd be of greater Importance and Service to Chrif- 
 tianity, than attending to the Schifms of the feveral ObedienceSo 
 This Reproach can only be aim'd at the Delays of the Council in 
 condemning the Errors of John Petit, becaulc that AiTembly did not 
 want Vigor againll xhz other Herelies real or imaginary. Which way 
 foever it was intended, as he look'd upon the Council to be fuperior to 
 the Pope and to the College of the Cardinals, he flrenuoufly exhorts the 
 Eatliers to labour for the Reformation of the Church without waiting 
 for the t-deffion of a Pope. - TheEieaioa.'^ 
 
 XLVIII. This Difcourie of Stephen of Prague alarmed the. Car- of the Pope^ 
 dinals and thole among the Nations, who, like them, were for fulpend-'^ folicited j 
 ing the Reformation of the Church, and proceeding forthwitJi to the Reformation' 
 Elei.l:ion . of a Pope. It was for this end, that in a general Alfembly 
 of the Nations, the Italians^ French, and Spaniards, in concert with 
 the Cardinals, prefented a iMemorial to the Emperor, whereby they foli- schem "" 
 cited a Decree of the Council concerning the manner of chufing a Pope ^ Comp. cJw». ; 
 and at the fame time allerted, That the F.mperor had no Right to pre- p- 60. 
 fcrihe any tbini^ in Ecclefiajlical affairs. There feems to be lome con- J^""* '•^'> 
 tradition in this Memorial , for if tJae Emperor had not a Right to in- 
 termeddle with .Eccleliafticai Affairs, how came they to apply to him r. d. Hmdt- 
 for obtaining a JDecree of the Council, in an Affair which without dil- T. IV. p. 
 pute is intirely Ecclefiallical ? It may be Jaid perhaps, that the Em- i554- 
 
 (i) Tis not improbable that this was verfjry-j K d. Uardt^ T. I, pan l6. p 
 Stefhttt PaUtz, who was yohn Bus's Ad- 82;. 
 
 peroc-
 
 8 6 The Hijiory of the Council of Constance. 
 
 141 7. peror had only a Right of Iblieiting the Council, and of reprcknt- 
 %y>r'\J ing what he thought moft proper for the Welfare of the Church, but 
 noc of deciding any thing. But I don't think the Emperor pretended to 
 any thing more -, for tho' nothing Icarce was done without him^yet we don't 
 tind that he made any Decifion in Matters of Faith and ether Affairs 
 which may fail under the Cognilance of an Ecclefiaftical Affembly. As 
 he was Proteftor of the Council, he fupported them upon occafions where 
 his Proteftion was neceffary -^ he employ'd his Authority for bring- 
 ing back John XXIII ■■, he declar'd his Opinion concerning John Hus, 
 after the DoOiors had determin'd his Affair^ he labour'd for the Re-i- 
 conciliation of differing Parties-, yet in all this he did not thruft his 
 Sickle into other Men's Corn. As he thought it was of more Service 
 to the Church to reform it before the Choice of a Pope, he us'd his 
 Intercft with the Nations to engage them to obfcrve the ftme Order 
 rather than any other, but only by way of Reprelcntation, and per- 
 ]iaps with more Z/cal and Vigor than the Cardinals wou'd have wilh'd. 
 But when all's done, finee they themfelves apply'd to him to ad towards 
 the Council in favour of the Method of Proceeding which to them feem'd 
 moft conducive to their Interefts, 'tis clear that by eftabliihing his 
 Right to the one, they eftablilh'd it at the fame time to the other. 
 Be it as it will, this Affair was again debated in this Affembly with 
 great Heat, but nothing was concluded. 
 Publick De- XLIX. Nevertheless, the Cardinals defiring the Emperor, 
 votions for ^q^q Days after, to order publick Devotions for obtaining the Blet 
 happy'Elec- fi"S °^ Heaven upon the Eleftion for the Good of the Church, he 
 don. coniented, and commanded the Magiftrates of Conjiance to publifh 
 
 fulj 2. thole Devotions for the Sunday following. Methinks, the Em- 
 peror was a little too complaifant upon this (Jccafion •, for thole publick 
 Prayers for the Eleftion of a Pope were a Plea in favour of the Car- 
 dinals Pretenfion, If the Emperor had been to order publick Prayers, 
 it ought to have been rather for obtaining a good Reformation. This 
 Affair being of no lefs Importance than that of the Eletfion, there 
 was as great Neceffity for imploring the Affiftance of Heaven in it ; 
 and becaule the Emperor was willing it fliould precede the other, it 
 was of Importance alio to make Preparations for it in the firft Place. 
 But either he did not forefee the Confequence of it, or he could not 
 refift the Importunity of the Cardinals ^ or, in fine, he flatter'd him- 
 felf that it would never be too late to oppofe their Intrigues. But 
 hereafter we fhall find that he was millaken. 
 Sea of the L. It was much about this Time that the Bufinefs of the Flagel- 
 FlagellantJ. ^^^^^ ^^^ brought upon the Stage at Conjiance ; of which Sefl: 'tis ne- 
 ceflary to give the Origin and Progrefs, before we relate what was re- 
 suriri. yitin. fQjy'j ypon in their Affair by the Council. Baronius lays, that it was 
 T.xr n. 8.j.|^^^j.jg j.jjg middle of the eleventh Century that the laudahk Cujlom^ 
 P- i°J > jjg
 
 The Htjlory of the Council 0/ C o n s t a n c m. ^7 
 
 as he calls it, was introdnced of People's whipping themfelves from a 14 17. 
 Principle of Penance. But the learned Author of the Hiftory of the Fla- y-y-s/^^^ 
 gellanis has prov'd very plainly, that this Ciiftom was then neither general BcUettu'i Hi 
 nor aiithorifed, and that it was even contradiQed and blamed by many ^"''7 "^ ^^^ 
 Friers of moft diffingnifhed Piety. The Frenzy of whipping, by Degrees, "^[ ""*'' 
 got fnch Footing in the thirteenth Century, that People of all Ranks and ' ' 
 Conditions abandon'd themlelvcs to this cruel and rafla Superflicion j 
 infomuch, that at length tliey form'd themfelves into a Seit, which, 
 for along time made a great Noife and J)evaftation in the World, 
 under the Name of f7i7^f//««/^, or Brothers of theCrofs. Authors ^^c rhid, ubi fyf. 
 well enough agreed in fixing the Rile of them at ii6c, and thzt^-tp. 12. 
 firftSceneof their Appearance at PfrOT/2«, where a certain Monk, whole ^*^^"'- '^.'"'• 
 Name was Reinher, compailionating the Calamities of fialyj which was y^. ^!""J!:7 
 diftrafted by the Fafliions of the Gue/phs and GiMim, invented this^^^^,,,!^,. ^, ' 
 fort of Penance to appeafe God's Wrath. 'Tis very probable, that seBa vUgtil. 
 this is the fame Reinker, who was intended by an anonymous x'\uthor p- 7 7- 
 that wrote during our Council againft the Communion in both kinds, f:^""^''''^- 
 He lays, that Rcinhcr^ a Dominican, had been a Heretick for feven- ' ^' ^ 
 teen Years, and that, after his Converfion, he drew the Characters, 
 by which aftual Hereticks might be diftinguiihed from fiich as only 
 lean'd towards Hei-efy. Thefe Chara£lers fit the Flagellants very well, 
 tho' the anonymous Author applies them to the HuJJltes. For thcle 
 Characters we refer back to our Hiftory (a). («) Vol. I. 
 
 The Se£t of Flagellants quickly overfpread all Italy -^ from whence ^79- 
 it pafs'd into France, Germany, Bohemia, Flungary, Poland and Eng- ^".?'''A"''«'»- 
 land. Hiftorians are not Ids agreed in the Delcription they give o^^ijU,\ljr. ui/i 
 tht Flagellants than in the Article of their 'Original. The moft re-pc/VlI p.' 
 markable Particulars which they relate of them, are in Subftance thele. 5<J4&' i'~94- 
 People of all Chara£lers, Conditions, Ages and Sexes, fcower'd the ^'''^''' ^P''- 
 Country from Town to Town by thousands, and fometimes to the ^^^^^''^JJ^^ 
 Number of ten thouland at a Time, having Priefts at the Head off^.V/^, ^17-.' 
 them, who carry'd the Banner and the Crofs ; from whence they were T. III. p. 
 alio call'd the Flagellant Crofs- Bearers. They march'd two and two, i°°i-. 
 or three and three, in the Order of Proceftlon, with their Eyes fix'd '^^^'""'•^' P- 
 on the Ground, and quite naked to the AVafte, having nothing but a^''' 
 Linen Rag to cover the reft of their Bodies, and veiling their Faces, r.^*"''- 
 'that they might not be known j though Gpr/o» fays, this was only^^^j 
 done by Ibme of them. There are Authors who fay, they wore xf:d ^chem v^-j- 
 'Caps. They had each a Scourge in their Hands full of Knots, and ' 
 
 "tipp'd with Iron, "with which they lalh'd their Shoulders and Breafis 
 till the Blood came, while they llietl Torrents of Tears, and utter'd 
 lamentable Cries to implore the Mercy of God, and the Help of tlic 
 Holy Virgin. No Rains nor Fogs could ftop them in their Courfe. 
 They fell on their Knees in the midft bf'Mud and Naftinels, efpecially . 
 
 whea "
 
 €3 The Hijlory of the Council of C o n s t a n c il 
 
 1417. when they pronoiinc'd the Name of Jefns Chrift ^ and they not only 
 V./Y~*^> ^P^'^'^ "^he Days in this painful Dilcipline, but the Nights too very 
 often by the Light of Tapers. When they came to any Town, the 
 Bells were rung to receive them, and to llir up the People to Devo- 
 tion. They went fitil: into the Church-yards and then into the 
 Churches, where they lang Hymns, which were altogether Pious and 
 Chrirtian^ but it may be imagin'd that liich a Medley of all manner 
 of Nations, who bawl'd out as loud as they could in all manner of 
 •Schetvng p Languages, did not make the moft melodious Harmony, The Women 
 -8^ 39. ' exerciied their Bodies with the lame Severity, but only in iheir 
 Houfes^ tho' Gerfon ieems to infinuate that there were Women alio 
 i.i thefc Proceffions, who went as naked as the Men. After they 
 had thus laja'd tiiemfelves thirty three Days and a half, according to 
 the Number of the Years of Jeflis Chrift's Humiliation, they went 
 . their W^ays Home in firm Belief that they had obtain'd Remiffion 
 of their Sins, till fome Occafion induced them to renew their Pe- 
 nance. To the end that they might not be a Charge upon the 
 Publick, every one contributed about Half a Crown a Day for the 
 ScheHirtg p.' Maintenance of their Poor, though tliey did not refule voluntary 
 50. ' Gifts. 
 
 Mon.uh. sti. If we may believe an old Chronicle, thefe Devotions had at firfl: 
 ^ufi. Pad. ap. very good Effefts Inflead of Mufical Inftruments and prophane Songs, 
 Boileau, p. xh^XQ was nothing to be heard but lacred Hymns, which were fling 
 *^^' with 16 much Fervency, that the moft harden'd Hearts relented. 
 
 The bittereft Enemies were made Friends, and the Rellitutions made 
 by Ufurers and Robbers were the only 1 hings talk'd of. The Pride 
 of Life and the Luft of the Flelh were baniih'd from both Sexes ^ 
 Works of AJercy were exerciied ^ Prifbns were fet open-, Criminals 
 were pardon'd^^ and Exiles were recalPd from Baniihment. In a 
 word, thole Flagellants were imprefs'd with fo great a Dread of 
 God's Judgments, that every Soul was converted. Mankind was the 
 more aftonifh'd at lb rigorous a Penance, becaule, tho' not inftituted 
 by any Pope, nor even authoriled by any Preacher of Reputation, it 
 had nevertheleis a fupernatural Air, which made Ibme think ic was 
 an Inlpiration from Heaven, while others look'd upon it no better 
 jiMeni.ubifup.th^n a Suggeftion of an evil Spirit. But I don't fee the Necefljty of 
 having Recourfe to fupernatural Caules to account for this Event. 
 'Tis not furprifing, that in an Age of Ignorance and Superfi:ition, but 
 efpecialiy at a Time when the Corruption was lb general and io mon- 
 ftrous, elpecially among the Clergy, this Ibrt of Erenzy Ihould im- 
 mediately captivate the Simple, and that inlenfibly by Infeftion ic 
 became more univerlal. However this be, it does not appear that at 
 firft the Flagellants were repoach'd for any thing but an extravagant 
 and bloody Devotion, and the Prefumption of letting themlelves up 
 
 for
 
 The Hiflory of the Council (?/ C o n s t a n c e . 89 
 
 fbr Authors of a new Dilciplinc. But 'tis not to be doubted that 1417. 
 Knaves and Hypocrites foon after crept in among them, who, impo- '^-'^-v"^— ^ 
 fing upon their SimpHcity, made them commit all manner of Out- 
 rages. This was the Judgment which Dnbra'-jius form'd of them 'mcnhr.iv i. 
 his H'\^oxy 0^ Bohemia. A Dominican, who lived at the Time of the 458 
 Coimc'ls o'i Conftance and Eafil^ has given a very terrible Charao.ler 
 of the riagella/its, under the 'litlc of Reguards, which was a Name 
 given to them, and to many Sedhrics of that Age. This is Johns'J.er i^.e vi- 
 Nidery in a Treatile of Vifions and Revelations, firlt printed in I'^i-jfoi'l"", p 
 ?it Strasbourg, and reprinted at Hclmjlad in 169?, upon a particular 5" 7, SJP. 
 Occafion. 'Tis true, that this Author does not fay the Beguards'^'^ ' ^"^^ 
 were guilty of flogging one another, undoubtedly becaufe that having 
 been call'd to Account, they abftain'd from that fort of Penance, 
 or elfe praitifed it in fecret. But he charaiterills them in fucii 
 a manner, that they may eafily be known. ' There is ftartcd up, 
 ' fiiys he, in Szvabia, among many Perfons of both Sexes, the Clergy 
 
 * and the Laity, a Herefy and a Hypocrify 16 extravagant, that I 
 ' am loth to reprefent it to the full, for fear of offending challc h'.nv-. 
 ' Thefe People think, that 'tis lawful to tell Lyes, to break Promilcs, 
 ' and to put the mofl: innocent Perlbns to J^eath, be it Father or 
 ' Mother. They never faft but when other People feaft. They eat 
 ' Milk, Flefh and Eggs in Lei/t, work in fecret upon Holidays, and 
 ' Ipend tiie r«ft in Idlenefs. They have a hearty Contempt for all 
 ' the Ceremonies of the Church, as the Works of Men that are Car- 
 ' nal and not Spiritual. They place all Virtue and Perfection in I 
 
 * know not what profound Contemplation, tho' they are themfelves 
 ' not only very lenfual, but live together after the manner of Beads, 
 
 * as I am very well inform'd, and even boafl, that they have attain'd 
 ' to ib high a Pitch of Perfeilion, that they can be reproach\l 
 ' with no Crime (i). Therefore they think it no Harm to difobey 
 
 * the Pope and the other Paftors of the Church. And, what is worle 
 
 * than all, they privately drawin Peribns ofQiiality, Virgins and Wi- 
 ' dows, to be Partakers in their Dilbrders. 
 
 This lo incenfed the Popes and ieveral Princes againft them, that 
 Clement VI. and Gregory XL anathematis'd 'em, and Mainfrui in Sicily, 
 and other Princes oi Italy, drove them out of their Countries, and would 
 not permit them P^ntrance (a). The Emperor C/j^r/(?5W.publilh'd very (.jj Trithem. 
 fevere Edifts againft them. Ottocarus expell'dthcm from Bohemia (//ycbron. H:r- 
 The Princes and Prelates oi' Bavaria baniilfd them alfo from their/f"? P'-^- 
 Dominions. They tbund no better Quarter in Poland; and, at the'^^y^^///,, 
 
 (i) Infuper -ill fcrvore coitus Maris cum turn excellcntiflimum dicuiit confiftere ; ^' 
 
 fa'mina, uHi etiam i'ecundum Etiinicos ob quam caufim fibi mutuo aJ nutum iu 
 
 ratio abfbrbctur & homo bcftiis affimila- his obtcmpciaut quand^ libet 
 tor, fapremam coiitemplatiouem 6c rap- 
 
 Vol. IL M Soli-
 
 9C Tbe Hifiory of the Council (y^* Constance. 
 
 141 7. Solicitation of the UniveiTity of Paris., Philip de f^alois drove them 
 v.^-^V""^' out of France. 
 
 This general Combinatioa againft them ftopp'd the Torrent for a 
 whiles biit it foon after began again to break over the Banks, by 
 Means of a Plague which raged throughout Europe about the Mid- 
 (^) Mezeray die of the fourteenth Century {a). The Schifm, vjhich happen'd 
 Abr.chron. ^'qq.^^i ths End of that Century, and which for many Years afflifted 
 T. III. p. ^jj (^hrifcendom, contributed not a little, according to the Report of 
 '■ the Authors of tkit Time, to heighten this Frenzy, which the Seve- 
 
 rities of the Inquilition, and the Authority of the Secular Powers, 
 Goh.Cufnodr. ■were fcarce able to reflrain. Gobelin Perfonay a cotemporary Author, 
 sJit. Meib. ^^yg^ t\i:\Xy at the Beginning of the Year 1414, the Inquifitor of the 
 • P'55 ■ Faith caufed many of thofe Mifcreants to be burnt at Sangerhufen in 
 Wna^. V. A. I'biirifigiay at the Solicitation of the Markgravcs o^Mifnia. Theodoric 
 H,irctt,T.l- Frie, who was alfoan Eye-witnefs, has given a more particular Account 
 p. S<J, 87. than any other, of the Sefl: of the Flagellants, in his Hiftory of the 
 Council of Conflance, but does not give the Dates of the Years. 
 He tells us, that Henry Schoneveldt, Inquifitor of the F'aith in Ger- 
 many, having made ftrift Search after this Sect, caufed fourfcore and 
 eleven to be burnt at Sangerhufen, and a great many more in leveral 
 ge.Fewe. other Towns. He lays, that the Patriarch of thisSefl: mGerrfiaiiy was 
 one Conrad Smith, who died Ibme Years before the Execution at San- 
 (^erhnfea. This Arch-heretick aboliih'd all the Sacraments to make 
 Way for that of Flagellation ; and he pretended to be the Prophet 
 Enoch, and to have Authority from God to pais Judgment at the Laft 
 l>ay. His Fore-runner in this Whimfy was one Begard, who call'd 
 himl'elf Ellas the Prophet, and was burnt at Erford towards the 
 Middle of the preceding Centuiy. The Errors charged upon them 
 are. in Subftance, thele- 
 DoctriiKsof l/I. They maintain'd, i. That the Sefl: of the Fners of the 
 the viagsl- Crofs, which had run about the World for about fixty Years whip- 
 ''""■'• ,. ^ ping themfelves, and Tinging, was authorifed by Letters which the 
 rne^tikMr. j^^jy Angels brought to the Altar of St. Peter's at Rome. 2. That 
 CoK p. ;;6.^ from that Tiine God had abfolutely abolifli'd the Pope, the Biihops, 
 the Prelates, all Priefts, and the whole Evangelical Prieflhood, by 
 reafon of their Corruption, as jcfus Chrift formerly turn'd the Buyers 
 and Sellers out of the Temple o'l Jerufalem. 5. That fince the Inlli- 
 tutionof the Brothers of the Crofs, the Churches, Church-yards, the 
 Water, Salt, Allies, Oyl, Chrilm, and every Thing made ufe of in 
 the Sacraments, ought to be reckon d prophane, becaule there were no 
 longer any Priefts to confecrate them. 4. That Churches were na- 
 tlving more, than Dens of Robbers j that Holy Water v/a.s mortal, 
 becaufeit v/as mingled with the Sparks of Hell-fire-, that the Priefts, 
 who admin ifter'd the Sacraments, coniign'd themfelves, and thole upon 
 
 whom
 
 The Hfjiory of the Council tf/ C o n s T a n c e. 91 
 
 '<whora they confer'*! them, to DellriK^Hon \ and that the whole Oi"ficc, X417. 
 which was lung in the Churches, ought not to be reckon' J more holy ~ ^ 
 than the howling of Dogs. 5 , That the Baptifin of Blood ilicceeded the 
 Baptifm of Water, and that this was typify'd by tl>e Water which 
 Jefas Chrift turn'd into Red Wine at the MarViage of Cana ; from 
 whence it follows, that there is no Salvation without this Baptifm of 
 Blood, perform'd after the manner of the Flagellants. C That the 
 Sacrament of Confirmation is a Deluficn and a Cheat (trufa) ; and 
 that the Jews who do not receive the Chrifm, have Sotils and Beards 
 as well as other Men (i). 7. That the Sacrament of Ordination is 
 aboliih'd with the Priefts. 8. That neither God, nor the Body of 
 Jeius Chrift, is really in the Sacrament of the Altar, becaule, were it 
 (oj it would have been eat up long ago, tho' it were as big as the 
 greateft Mountain-, and that moreover, Jeliis Chrift, after his Refurrec- 
 tion, having forbad Mary to touch him, becaule he would no longer be 
 :n the Hands of Men who had done him lb much Evil} it from thence 
 follow'd, ihat he was not truly in the Eucharift. That the Piiefts, 
 whofe Avarice has ruin'd the World, were more blameable than Ju- 
 das, who, however, was not willing to give up Jeliis Chrift for le(s 
 than thircy Pieces of Silver, whereas they part with him for a 
 Alorfcl of Bread, which is not worth one-, that, in a H'ord, the Sa- 
 crament of the Altar was but a mere Farce or Juggle of the Priefts, 
 Pilaris Saaame.-itum non eji tiifi Kuckuck (z) Sacerdotum. g. That 
 Confeftion is fo far from being neceffary, that he who confcireth him- 
 ielf to a Prieft is no cleaner than if he was to fcrub himfelf 
 with a nafty dirty Sow^ and that the Remiflion of the moft enor- 
 mous Sins can only be obtain'd by Flagellation, and the Baptifm of 
 Blood. 10. That Indulgencies were of no Value, from what Hand 
 Ibever they came. 11. That the Pi-ieft's Bleffing, and the other Cere- 
 monies in Marriage, inftead of rendering it more honourable, only tend- 
 ed to debafe it. i:. That Flagellation was of more Eifeiu to a dying 
 Man than a Pound of Oil pour'd out by a Prieft for the Extreme 
 Unftion \ and that this Flagellation was the true Wedding Garment. 
 13. That whoever partook of any of the feven Sacraments, committed 
 a deadly Sin j that the Whipping of the Body till the Blood flow'd, in 
 remembrance of the Paftion of Jefus Chrift, lupply'd the Place of all 
 the Sacraments •, and that without it, there had been no more true 
 Chriftians in the World. 14. That Jefus Chrift was typify'd by the 
 Alan wounded between Jerufaktn and Jericho, the Priefts and all the 
 Clergy by the Prieft and the Leviie, who pafs'd by without oflering 
 
 (i) ^aihxs & Ammas. 'Th a German Tame Thing as the Word Eopeep which 
 Proverb. is ufed to Children when People cover 
 
 (2) Kuckuck means, in the German, the their Faces with their Fingers expanded. 
 
 M 2 to
 
 92 The Hipry of the Council of Constance. 
 
 141 7. to relieve him, or to fympathife with him in his Suiferings^ and the 
 '"^ "'^■^ Seft of the Flagellants by the Samaritan, becanfe this Sefl: alone bears 
 Jefus Chrill: upon their Shoulders in the AO: of Flagellation, and pays 
 him worthy Honour by the Lord's Prayer and the Obfervation of 
 the Ten Commandments, which are reprefented by the Samaritans 
 Penny. 1 5:. That Antichriil: had reign'd a long time, and that the 
 Prelates and Priefts, who perfecute the Flagellants, were that Anti- 
 chrift ^ that Begard, who was burnt forty eight Years ago at Erford^ 
 was Elias j that Conrad Smith, dead alfo a long time fince, was Enochs 
 and that confequently the laft Judgment was at hand. i^r. That 
 God created all Souls at one Inftant, and placed them in Paradife 
 with the firfl: Man, from whence every Soul is brought by an Angel 
 into the Mother's Womb to animate her Child ^ and that when Be- 
 gard and Smith were conceiv'd, the Angels gave to the one the Soul 
 of Elias, and to the other that of Enoch ^ and that ic would be Conrad 
 Smith, and not Jefus Chrift, who iliould judge the World at the Laft 
 Day. 1 7. That although all Oaths, after what manner Ibever taken, 
 were prohibited ^ yet it were better that the Flagellants fhould be 
 fworn and forfworn before the Inquifitors, than that they fhould be- 
 tray themfelves and their Brethren, bccaufe Perjury might be expiated 
 by Flagellation. 18. That there was no Purgatory after this Life, and 
 that confequently the Prayers of the Living would ftand the Dead in 
 no ftead ; that Funeral Pomp only ferves to pleaie the Living, and to 
 fill the Pockets of the Priefts. 19. That the x^doration of the Crols, 
 and of the Images of the Virgin and other Saints, is Idolatry ; that 
 no^ Day ought to be obferv'd but Chrijimas-day, and that of the Pa- 
 rification of the Virgin Mary, and that the Obfervation thereof 
 fliould alio be private j that the Fads enjoyn'd by the Priefts were 
 not obligatory -, and that the only Days of Fafting fhould be Friday, 
 ChriJimas-E-je, and that of the Jffumption of the Virgin Mary, 20. 
 That when the Flagellants, in Obedience to the Priefts and the 
 Church, obferv'd Holidays, worfKip'd Images, received the Sacra- 
 ments, and confbrm'd to all the other TJlages, it was only to avoid 
 the Inquifition, but that they did Penance for it by Flagellation. 
 
 V R IE, in his Hiftory, which is written by way of Dialogue be- 
 twixt Jefus Chrift and the Church, makes Jefus Chrift lay, that there 
 no longer remain'd any Perfon of this Seel at the Time of the Coun- 
 cil of Conftance. 'I'his is not the only Miftake in F'afl; of which that 
 honeft Frier makes Jefus Chrift guilty in his Hiftory : For 'tis plain, 
 that this Sed was far from being extinft, becaufe the Council confider'd 
 of Ways and Means to reclaim the Flagellants, and becaufe they had 
 even penetrated into Arragon, being fupported, at leaft underhand, by 
 the famous Vincent Terrier; as we fhall find by and by upon the Au- 
 thority of Gerfon, ^Tis probable there were no more of them^ to be
 
 The Hijiory of the Council f?/" C o n s tan c il 93 
 
 leen in llmringia^ or the Neighbourhood, or elfe they conceal'd and 141 7. 
 difguifed themfelves according to the laft Article of their Prin- v.*''~v~s^ 
 ciples . 
 
 It was no eafy Matter to make an End of this Se£t : For, on the 
 one hand, it was fiipported by Perlbns of great Authority, not only 
 among the Commoners, but among the Grandees : On the other hand, 
 it had no vifible Head to come at, as the HuJJites had ^ therefore the 
 Flagellants were alio call'd Acephales, that is to lay, ivithout a Head, 
 Moreover, it look'd with an odious Face to proceed, to the utmoft Ex- 
 tremity, againft the Penance-mongers, who were admir'd by all Man- 
 kind for their extraordinary Aib of Aufterity. 'Tis alio not impro- 
 bable that they did not all run into the extravagant Vifions of Con- 
 rad Smith and Begard, and that, according to their Principles, they 
 fubmitted in fome relpefts to the Church, to avoid Perfecution, as they 
 thought they might do, provided they made Atonement for it by the 
 Diicipline of the Scourge. There were fome Orthodox Preachers, and 
 popular ones too, who preach'd, as well as they, that Antichrift was 
 come, that the Laft Judgment was at hand, and who gave the Clergy 
 no Quarter in their Sermons. 
 
 LII. FINCENT FERRIER (i) was of this Number, :iri„ceniVeni^ 
 Man fo much idoliz'd by the Populace, that he was generally fol- protcfts the 
 low'd wicJi a prodigious Train of Penance-mongers at his Heels, ^'''^^'Z"'''-'- 
 Iccurging one another till the Blood came, and running every where after 
 him to hear him preach. 'Tis to be fuppoled that the holy Man was 
 not difplealed to lee the Effect of his Preachments («), and that us {a) bzcv. aS. 
 the Flagellants were fond to hear him, he was not forry to be followed """• 1415' 
 by them. The beft Way therefore to reclaim the Flagellants^ was to ^'- ^^ 
 reclaim Vincent Ferrier himlelf. But to do this, required a world of^^*' '"^' ""''' 
 Management and Dexterity: For he was Inquifitor of the Faith in "' 
 
 Jrragon, which already gave him a vaft deal of Authority. He had 
 render'd himfeif famous by converting Numbers of Infideis and Here- 
 ticks in feveral Parts of the World, and {0) even the Gift of Miracles (-^^ jj,^^ ^^ 
 was alcribed to him. Alphonfo was partly obliged to him for tlie Crown mn. iic-.^n. 
 ofy^rragon, becaulc it was he who, by his publick Preachings, had plac'd 25, and 1412! 
 Ferdinand his Father on the Throne (c). To his Endeavours the"-" 
 Council was partly obliged for the Revolt which had been made in'-"-' ■^''' "''■ 
 tliis Kingdom from the Obedience oi' Benedin XIII, of which Gerfon'^"^ ^^^^' ^" 
 himfclf does him the Honour in a Letter we Ihall lee prefently. Bzo- ^zov nd ami 
 vius, from whom I have taken thefe laft Particulars, adds another, 1416. n. ly. 
 which plainly ftew'd the Value they had for Ferrkr^ -viz. That a 
 Conteft ariling among the Fathers of the Council about the Means of 
 
 (i) K^ to Vincent Terrier, Tee ^ohnhlidtr- fiory of ihe Council of Pifa, Part II. 
 deripnibuf, p. 170 to 173, and the Hi- p, 138. 
 
 putting.
 
 <)4 77^<? Hijlory of tJ}t Council of Co n s t an ce. 
 
 1417. -putting an End to the Schifm, a Cardinal and two Divines wctc 
 \yWSj lent to condilt him, find at the lame Time to invite him to the Coun- 
 cil. This Deputation does not appear in the Afts, tho' it: is of fiiffi- 
 cient Importance. But it appears by what we are going to fiy, that they 
 thought, if any thing would carry their Point, it would be drawing of 
 Vinter.t Fer/ier to the Council, both to take Mealures with him 
 againft the Flagellants^ and to deprive him of the Opportunity of fiip- 
 porting and authorifing them, as he did indireilly by his Carri?ge, 
 vvliLh favoured oi' rank Fanaticiim, and by die Indulgence he liad 
 for them. 
 thcentverrhr LIU. 'Tis not cafy to divc into the true Reafons why Vincent 
 ii iblicited to Ferrier declin'd to go to Conftance, where he knew his Preience was 
 come to the extremely defir'd. The King of Arragon had wrote twice to him in 
 Council. ^j^g preceding Year, and eameftly intreated him, without Delay, to 
 Bzot). <trf. rt«». anivver the impatient Expeflations of the whole Council. Bzovius 
 1416. n. 17, even lays, that he was aiUially on the Road, and already advanced 
 i^> 19. as far as Burgundy^ to which he drew an incredible Number of Peo- 
 ple after him by his Preachments and pretended Miracles. Mean 
 ^Hh'e time, as he did not come, Gerfon wrote to him to make hafte, be- 
 caule a great many Things lay upon his Heart, which he could not 
 communicate to him but by Word of Mouth. The better to infinuate 
 himielf into Ferrier s good Opinion, Gerfon gives him the Praiie of 
 having induced the King of Arragon to revolt from the Obedience of 
 BenediSl^ and of having, by '^o good an Action, given the hnilhing 
 Stroke to the Union of the Church. He afterwards encourages him 
 to come, without Delay (i), to animate the Council by his Prefence, 
 and to fequefter himfelf for a while from the Multitude with which 
 he was furrounded. He tells him, that he would do a great deal more 
 Good, and afl: more worthy of himfelf, to come and joyn the Coun- 
 cil, than to perfifl in his Defigns, whereby he probably hinted at the 
 Proteftion he gave to the Flagellants^ and at his Declamations againft 
 the Corruption of the Church. Gerfon, in a Comparilbn betwixt the 
 ■Crf/. ii. I, 2. Council and Jerufakm, propoles to Fincent the Example of St. Paul, 
 who went up to that City to confer with the Apoftles, left he fhould 
 run in vain (2). Then proceeding to Vincent\ Preachments, he tells 
 him plainly, that People talk'd varioufly of them \ and he reproaches 
 him for his Lukewarmnefs with regard to the Flagellants, becaule, if 
 
 (1) Si pofitis interim turbis, jucundam (2') Crede mihi, Do£lor emerite, multi 
 
 tu3E prsefenti* f'aciem huic eidem facro multa loquuntur fuper prscdicationibus 
 
 Concilio confpiciendam attulevis; frudum, tuis, & maxime fupcr ilia Sefta fc veibe- 
 
 ■ nifi fiiUor, ampliorcm & te tuifque moribus lantium — quam nee approbas, ut teftantur 
 
 digniorcm allerres, quam fi hoc negleSo noti tui, fed iiec clScaciter repiobas. 
 
 pcrmanferis in inccptis. Gee/ 0/>. T. IL Cerf. ubi fu^r. 
 
 p. (J58. hdit. Antwerp atin. i-/q6. 
 
 he
 
 The Hijiory of the Council <?/" C o n s t a h c e. 95^^ 
 
 he does not approve of the Se£1:, he does not condemn it with due 1417. 
 Severity. He lends him, by Advice of the General of the Domhti- L/''V~%J 
 can$^ the Complaints that had been made againil him vrja voccy and 
 by vi'ritingi adding, that what they mean by it, is not to condemn 
 him, nor to make him uneafy, but to oblige him to greater Precaution 
 ad cautelam fuper his annil'us ampliorem. This Letter, in fbme Edi- 
 tions, is accompany'd with one from the Cardinal of Cambray^ 
 tending to the fame Purpofc. What was the Succefs of ir, with 
 regard to the Flagellants^ is not known, but it does not appear that 
 Fincciit Terrier came to the Council. 
 
 LIV. Some J3ays after this, Gerfon publiA'd a Treatife againfl: f7f»->»'sTraS.- 
 t\\z Flagellants^ of which we will now give an Abftrafl:, becaule it be- ^S^'"'^ i^he 
 longs to the Hiftory of the Council. Gf^y^/^ iirft lays it down for a^'"^^''""''- 
 Maxim, that the Gofpel is a Law of Charity, and that it is not bur-c,;Y"T'lT 
 denfome. This he proves from the yicls of the Apoftles, Cbap. xv. p. 660. 
 ver. 10, If, and from a Paffage of St. jiugufliiiy where it is find, that ^«?e??/?. 54.. 
 the Golpel IS content with very few Sacraments (paucijfimis Sacramentis) "^ }^- P' ^'" 
 that is to fay, with few Myfteries and Ceremonies. He ftys,^ it-Antmr^. 
 that the Gofpel is altogether as oppofite as the old Law to the bloody 
 Superfticions of the Pagans, and of the Idolaters who made Incifions 
 into their Flelh^ for which he quotes Deut. xiv. i. and i Kings xviii. 
 28. From hence he infers, that no other Effufion of Blood is ne- 
 celfary for Salvation but that of Jefus Chrift. As to the abolifhing of 
 all the Sacraments by the Flagellant s^ and their preferring of Flagel- 
 lalio7i to the Sacrament of Penance, and even to Martyrdom, Gerfon ■ 
 lays, that the Sacraments being the Vellels of the Grace of God, every 
 Do£lrine ought to be rejected which has a Tendency to debate them j 
 and he even lays, that the Clergy, v/ho icourge themlelvcs, difiionour 
 and defile themielves, becaule, lays he, the Law of Jefiis Chrirt does 
 not require any publick Penance to be infli£led upon them, out ot 
 relpcil to their Charatlcr. He complains that there ai'e great Num- 
 bers of Clergy among the Flagellants ; and he lays, that they are but 
 coo well known, notwithftanding all the Care they take to conceal ; 
 rhemfelves, by putting a Veil over their Faces. He avers, that this 
 Method of lafliing their naked Bodies in publick, is ofFcnfive to Mo- 
 defly in Women, to Gravity in Men, and that it robs Parents of the 
 Relpefl: due to them from their Children. He does not dilown, that 
 the Law of Jefus Chrift (i) allows of whipping, upon the Authority 
 of (2) Pf. xxxvii. -ver. 18, according to the vulgar Tranflation, but that 
 'tis upon thele Conditions. 1. I'hat it be performed by Order of 
 
 (0 Note, That, by the Law of Chrift, (2) Quoniam ego in fia£;e!Ia'paratns . 
 
 Gtrfon means, both here and above, the fum, 6c dolor meias in coTifDcftu meo • 
 (Commandments of the Chuith of Komi. fcmper. 
 
 J; Superiors, .
 
 ^S The Hijlory of the Council c/ C o N' s t a n c e. 
 
 1417. Superiors. :. That it be moderate, without (Offence, without Often- 
 \u/'^^r\J tation, and without Effufion of Blood, according to fFilUam of P«- 
 ris (i). He lays k down for Matter of Faft, that ever {ince the Seft 
 of the Flagellants appear'd, it was always condemn'd by the Church; 
 and particularly in Lorrahi, Germany and France.^ notwithftanding the 
 Ipacious Outfide, and the Appearances of Devotion in that Seft, be- 
 caule no Practice ought to be tolerated among the People which has a 
 Tendency to fubvcrt the Order eftablifh'd in the Church, to raife 
 Seditions, and to render Mankind fiiperflitious. To this he adds, 
 that Flagellation is an Offence to Je--j:s and Mahometans^ becaule it 
 makes them look upon the Chriftian Religion to be a cruel and 
 bloody Law. He fays, that the Law ofjefus Chri.l is lufficiently ex- 
 plained in the Decalogue, the plain and natural Obfervation of which 
 (groffa fide) is fufficient for Salvation, efpecially to the Simple. ' It 
 ' lignifiss nothing, he adds., to lay that thele Flagellations are volun- 
 ' tary Sacrifices, becaufe 'tis manifeft, by Experience, that, under this 
 
 * Pretence, the Flagellants more freely difpenfe witii their Obferva- 
 
 * tion of the Commandments of God; for, fince the Fall, Nature is 
 
 * lb perverle, that it has a greater Propensity to what is of human 
 ' Invention, than to what is commanded by God.' FVom hence he 
 infers, that, confidering the Diforders and Outrages committed by 
 
 ^ that Seft, the Prelates, Paftors and Doftors ought to fupprefs it by 
 their Exhortations; and even Princes ought to do the fame by their 
 Authority, after the Example of their Anceftors. Alean time, gentle 
 Methods are what he prefers to all others, as well becaufe the Evil 
 is rooted, and become in a manner general, as becaufe there is Dan- 
 ger of plucking up the good Grain with the Tares. 
 
 He fays therefore, that the Flagellants Ihould be exhorted to retrafl:, 
 by the Authority of the Council, the Pope, and the Church of /?<;;«? ; 
 but efpecially, adds he, by the Example of V'incent Ferrier, ivho, in a 
 Letter he iviote lately to Conftance, declar'd that he ivas ivilling to fub- 
 niit in all 'Things to the Council^ and that he ptiblickly exhorted his Peo- 
 ple to the fame. That if any are alham'd to retraft, he would have 
 them to be put in mind of the Example of St. Juf.in, whole Recan- 
 tations did not diminifn an Ace of his Authority in the Church. To 
 this he adds feveral very wife Hints for reclaiming thofe Fanaticks, 
 cv;;. the putting fiich as ihall abandon that Sefl: in hopes of favourable 
 Treatment, the encouraging them againfl all Apprehenfions of Dil- 
 grace, and reprelenting to them, that Patience under the Ei-ils ijuhich 
 God fends, is a Penance a thoufand times more agreeable to him 
 than all Flagellations. This is a very beautiful Paflfage. Above 
 iill, Gerfon is for having a Stop put to their Meetings, by giving them 
 
 (j^ WUViam ofP«)-«flouri/h"d in 1228, 
 3 to
 
 The Hijiory of the Council ff/ C o N s T a n c e.' 97 
 
 to nnderftand that the Council has not yet determin'd whether this 1417. 
 Praftice is lawful or not \ and that, in dubious Caies, 'tis better not L/'V'VJ 
 to aft than to aft, elpecially when the latter mufl give Offence. 
 
 As (1) the common People are fond of Novelties, Gerfon advifes 
 the propofing of luch to them, in which there is no Danger •, as, for 
 inftance, the Invocation of Saints. Becaule the Flagellants look'd upon 
 the Clergy to be Antichrift, and from thence infer'd that the Day of 
 Judgment was at hand, Gerfon advifes, that Preachers fliould talk of 
 that Matter only in general Terms, and that they fhould make their 
 People lenfible that all Men have their immediate and certain Doom at 
 the Hour of Death. And lince there were at that Time Impoftors 
 who boafted they were able to work Miracles, in order to confirm the 
 Flagellants in their Opinion that Antichrift was come, and that the End 
 of the World was at hand, Gerfon lays upon that Head, that (a) as 
 the World advances to a 'very great Jge^ 'tis in Effe^l become liable to 
 the fame DelHums as an old L)otard, and that Miracles ought, at this 
 Day, to be very much fufpecled. To this he adds a very vvholelbm 
 Piece of Advice, which is to oblige the Flagellants to hard Labour, 
 and to keep them in Subjeftion. In fine, the Manner of concluding 
 the Treatile is of very great Concern to Vincent Ferricr : For he 
 fays, that if this Doftor does not think thele Remedies may be ef- 
 feftual, he would do well to abfent for a while from thefe AlTemblies, 
 and come to the Council. 
 
 LV. As we don't find any Decifion of the Council, with regard The Council 
 to the Flagellants, 'tis probable they adher'd to Gerfon's Opinion ; does not 
 which is an Inftance of Moderation that cannot be fufficicntly ad-i^.'^sy'^= 
 mir'd, when one confiders the Severity with which the Council treat- '^ '''^^ 
 ed John Hits, Jerome of Prague, and the Huffites. The Flagellants 
 were notorious Hereticks of the firft Rate. They overthrew a fundamen- 
 tal Article of the Chriftian Religion, and of the Apoftles Creed, bv 
 maintaining that Conrad Smith was to judge the World at the Laft 
 Day. They abolilh'd all the Sacraments, and, in the room thereof, 
 fubllituted one of their own Invention. They formally deny'd both 
 
 (l) Populus quando erigitur ad novi- thim , either upon the Angel lobo is the pro- 
 
 tares, iliac funt illis ingerendac, in quibus per Guardian, or upon the Saint ivhofe Name 
 
 eft tuta falubrifque devotio, ficut de mife- tke Perfon pall bear, upon the Mother of Gsd, 
 
 ricordia SaiiLtoruni, & recurfu ad eos, and Jofepli her Virgin Spoufe, by entimera- 
 
 vel ad Angelum proprium cuftodem, ad ting their Prerogatives. 
 
 Sanftum cujus nomen perfona geret, ad (2) Mundu< cicfoens patitur phantafias 
 
 illam Matrem Dei, & V'iiginalem Spon- falforum miraculorum, iicut homo feiiCK 
 
 fum fuum Jofcph,numer3ndopraerogativas phantafiamr in fomno: propterca nunc 
 
 eoiujTi. I e. When the People are gaping for funt habenda miracula valdc fufpefta, 
 
 Novelties, let fiich be imprefs'd upon them, nifi fafta prius examitiatione diligenti. 
 
 where the Devotion isfafe and whole fom, as p. 664. 
 the Mercy of the Saints, «nd the Calling upon 
 
 Vol. II. N the 
 
 ■v
 
 5 8 The Hijiory of ^/j^ Council of C o n s t a n c'e7 
 
 1417. the real Prefence and Tranfiibftantiation. They taught a manifefl: He- 
 
 v^'-V-N^ refy in F.thicks, 'viz. that 'tis lawful to lye or be perjur'd for avoiding 
 
 Perfecution. Moreover, their Sentiments of the Church o^ Rome, the 
 
 Pope, and all the Clergy, were the ranked TVickliffifm and HuJJitifm, 
 
 that ever was preach'd in Efiglaiid and Bohemia ; and in the Manner 
 
 too as they exprefs'd themfelves thereupon, they could not be deem'd 
 
 as Chriftians, according to the Principles of that Time, when the 
 
 ChriiHan Church was commonly underftood by the Church of 
 
 Ro7ne. Probably they were look'd upon as Fanaticks and Fools, 
 
 whom there was a Neceffity of reclaiming by gentle Methods, 
 
 thofe of Severity having not been of any Effeft for near two 
 
 Centuries. But in order to behave in an uniform Manner, Gerfon 
 
 fhould have given the iame Advice to the Council vvitJi regard to the 
 
 Hnjjites, as he did with regard to the Flagellants-., and, inftead of 
 
 running down John Has, as he did by his Writings and Speeches, 
 
 he would, perhaps, have been a greater Gainer, by allowing John Hus 
 
 the lame Grains of Indulgence as he did to Vincent Ferrier, who fa- 
 
 vour'd a Se£l: fb pernicious as that of the Flagellants. Such Condu£l 
 
 would have been the more natural, becaufe John Gerfon and John 
 
 Hus were acquainted with each other at Paris ; whereas Gerfon only 
 
 knew Fcrrier by Hearfay. If there were any Realbns for carrying it 
 
 fair to Ferrier, there were no lefs for paying the lame Relpect to 
 
 Joh'i Hus, as the Event too plainly demonftrated. However it be, 
 
 Mezeral Ahf. Gerfon's Advice did not avail much, becaufe Hiftory informs ns, that 
 
 chron. T.lU.iliQ p/agellants ftill committed very great Ravages in France in 1422^ 
 
 P- -^7- and that this Sefl: fubfifted a great Part of that Century in feveral 
 
 Countries o'i Eur ope, hut particularly Prujjia. I had wrote this Paflage 
 
 Schettiugir, of my Hiftory a long time, when I receiv'd Dr. Schettinger's learned Dil^ 
 
 p. -z. fertation upon that Seft. From him I have taken many Particulars;, 
 
 and 'tis worth the Reader's while to perufe it throughout, in order to 
 
 be inform'd of others which I cannot infert here. Let us return to 
 
 Peter cle Luna. 
 
 SESSION LVI. It had been refolv'd, in the XXXIVth Seffion, to fum- 
 
 Thirty ^q^^ \^^^ j-q j^g^r the Sentence for depofing him. In the XXXVIth, 
 
 ^9h\ " ' "^^ which it does not appear that the Emperor was prelent, this Cita- 
 
 r. A. LvrAt tio" was publickly executed by five Bilhops deputed for that Pur- 
 
 T IV. p. ' pafe. But becaule that Day happen'd to be the Feftival of St. Mary 
 
 15.57. 135s- Magdalen; and as there might be fome People who might look upon 
 
 T. d HarAi ^ Citation made upon a Saint's Day to be null and void, though this is 
 
 T. IV. p.' not to he found in the Body of the Canon Law, as the Council ex- 
 
 J5-5.?> i5<Jo. prelsly obferves (i), the Fathers, declar'd that, by their Autho- . 
 
 (l) Ne propter Feftum hodiernum, vi- aliqui dubitarent prxfcntem diem feriatam 
 delicer, Beatse MarU tugdaletu, tjuod fore, Synodus omnem in praemiflis fup- 
 tamcn in Corpore furis niinimc reperitur, plet dcfeiium, fi intervenillet. 
 
 rity,
 
 T}:>e Hijlory of the Council <?/ C o n s t a n c e. 99 
 
 rity, they would make up all Defers that might be urged in that 14 17. 
 Citation. _ -w'^V^s-* 
 
 In the iame SefTIon, a Decree was read for revoking all the Bulls 
 fulminated by Benediil XIII. in his Obedience, from the j.th of yVc-^=»*j "''• ""^ 
 vember, 141 5, againft any Perfon whatfoever, as well in Spirituals as'^^^''^^' ' 
 Temporals, either by virtue of the Excommunication fulminated at 
 Marfeilles in 1407, or for any other Occafion whatfoever. _ In purfiiance 
 of this Decree, the Council took off the Excommunication of feveral 
 Spiritual and Temporal Lords of the Kingdoms of Cajlilk and Leon. 
 The fame Decree confirms and ratifies all the Collations to Benefices 
 in thole Kingdoms made by BenediSlj on Condition, neverthelefs, that 
 it be without Prejudice to the Interests of the Kings of Arragon and 
 Navarre^ and of the Grand Mafter of Rhodes, and without contra- 
 vening the Capitulation oiNarbomie. I find nothing more in this Set 
 lion, which was followed with another on July 16. 
 
 LVII. The Bufinefs cut out for this Seffion being to depofe j5^-SESSlOKf 
 nedicl XIII, t"he Emperor, who had order'd publick Prayers before '^^J^^^^"^^ 
 began, did not fail to be prefent at a Sentence which he efteem'd as juu^^^' 
 his own handy Work, and as the Effe^ of his own Care and Pains. He v. d. Hardt, 
 was accompany 'd by the Elector of Brarid:nhurgj who bore the Scep-T. IV. p. 
 tre; by the Prince oi' Jnhaltj who carry 'd the Crown ^ by Bcrthold^o^9- 
 des Urfms, the Sword-bearer^ and by Lewis d'Oettingeri, who carry'd 
 the Globe, The Cardinal of OJiia prefided again at this Seffion, and 
 the Cardinal of St. Mark celebrated the Mafs of the Holy Ghoft. 
 After the Sermon, which was preach'd by the Patriarch of Conftanti- 
 nople, from thefe Words, Judge righteoujiy, the Proftor made a Motion, p/ Ivii ver.n 
 that Benedi^, not appearing, ought to be declared contumacious once =*^<:cording to 
 morei and he defir'dthat an Account might be given of the Citation^^ i'p"^^ 
 that was order'd againfb fhim in the laft Seffion. This being done, 
 the Council again deputed, ex abundantly the two Cardinals and 
 the other Perfons requir'd to repeat the Citation. Thofe Commil- 
 fioners no fooner reported that Benedict had not appeared, but Stephen 
 de Ceuvret Bifliop of Dole read a Decree, importing, that BeuediEl be- 
 ing notorioufly contumacious, they would proceed to depofe him. After 
 this, William Fillajlre Cardinal of St. Mark read the Sentence for de- 
 pofing him, as follows. ' May Judgment proceed from him that fitteth 
 
 * on the "throne, &c. The Lord is juft, and heloveth Righteoufiiel's. 
 
 * His Face is fet againft thofe who work Iniquity^ he will deftroy 
 
 * their Memory upon the Earth. May the Memory of that Man, 
 
 * fays a Prophet, for ever perifli, who has not remember'd to iliew 
 
 * Mercy, and has perfccuted the Poor. How much more ought Peter 
 
 * de Luna, by fome call'd Benedict XIII, for ever to be held in Oblivion, 
 
 * who has perfecuted all Chridian People and the Catholick Church, 
 
 * by fomenting Schilm and Divifion in it, notwithftanding the Exhorca- 
 
 N 2 * tions.
 
 100 
 
 I4I7- )' 
 
 Vnxm San- 
 Bam. 
 
 izov.ad. an» 
 
 1417- 
 
 r d. Hardt, 
 
 T. IV. p. 
 
 J374- 
 
 The Hijiory of the Council <?/ Constance. 
 
 tions, Inftances and Intreaties of Kings, Princes and Prelates, fo 
 often repeated, as well as notwithftanding the many Oaths he had 
 taken to grant Peace to the Church, as he had the Power to do, 
 ' becaiife for a long time it only ftiick with him? i^fter lb oblbinate a 
 
 * Refiilal, WitncJJ'ei were caWd^ according to the Gofpel Precept j but, 
 ' as he rtill remained inflexible and inexorable, there was a Neceffity 
 
 * of telliiig it to the Church. And as he has neglected to hear the 
 
 * Church, nothing more remains but to treat him as a Heathen and a 
 
 * Publican. The Council therefore reprelenting the Catholick Church, 
 ' i^c. after having heard, and carefully examined, all the Articles al- 
 ' ledged againft him, which have been found to be true and notorious, 
 ' after having maturely deliberated and proceeded in all Things ca- 
 
 * nonically, and according to the Rules, pronounces, decrees and declares, 
 ' by this definitive Sentence, that Peter de Luna has been, and is ftill, 
 
 * a perjur'd Perfon, who has fcandaliz'd the Catholick Church ^ a Fa- 
 ' vourer of the Schifin and Divifion which has been of lb long Con- 
 ' tinuance ^ a Difturber of the Peace and Union of the Church ^ an 
 
 * obitinate, incorrigible Schilmatick •, a Heretick gone aftray from the 
 
 * Faith, efpecially in the Article of the one holy Catholick Church •, in 
 
 * a word, a Man abandon'd by God, become unworthy of all Digni- 
 ' ty, and elpecially the Pontificate. As fuch the Council degrades 
 ' him, depofes him, and aSually deprives him not only of the Ponti- 
 ' ficate, but of every Title, Degree, Honour, Dignity, Benefices and 
 ' Offices ^ forbids him to behave hereafter as Pope ; abfolves all 
 ' Chriftians from, any Oaths they may have taken to him -, and pro- 
 ' hibits all and every one of them, of what Order and Condition fo- 
 ' ever, Bifiops., Patriarchs., Cardinals^ Kings, Emperors, (^c. to obey 
 ' him, to liipport him, and to give him any AlTiftance, Advice or 
 
 * Shelter, on Pain of being treated as Favourers of Schilrn and He- 
 
 * fy, and depriv'd of all Benefices, Honours and Dignities, Spiritual 
 
 * and Temporal. And if there are any guilty hereof, the Council 
 
 * declares them aSually depriv'd of the lame ipfo faBo^ i^c. Befides,, 
 
 * the Council repeals and annuls all Prohibitions, Procefles, Sentences, 
 ' Conffitutions and Cenfures in general, which the laid pretended Bene- 
 ' di6l may have made, and which may obftrudl the Execution of this 
 
 * Judgment. 
 
 After the reading of this Sentence, the Bifliop 0^ Dole read aloud a 
 certain Writing, importing, that no Fault could be alledged in the For- 
 mality of this Procels ; yet in cafe any Ihould be objefted hereafter, the 
 Council fupply'd fiich Defeft by this Declaration. Then the Prefident 
 pronounced the Placet, or Conlent of the whole Allembly. This 
 Formality was obferv'd beforehand by a Deputy of each Nation •, but 
 it was perform'd for all by the Prefident, after theDiiputes that arole 
 among them about Precedency. Te Deum being lung, the Affemby 
 
 broke
 
 The Hijiory of the Council i9/ C o n s t a n c e. ioi 
 
 broke upj and the Depofition of Bettedilf wa.s proclaim'd the iainc 141 7. 
 Day, with the Sound of Trumpet, by the Emperor's Order, in all theL/'vSj 
 Streets ofConflance. 
 
 LV'III. The tmperor was not prefentat theXXXVIIIth Sefllon, SESSION' 
 which was only remarkable for fome Regulations made,the chief of which T " 1 r r v 
 related to a good Underftanding between the Nations. The Decree^"^ " J "• 
 of the Council was therein read a fecond time ( 1 ), which repealed all y ^ ^J^^, 
 the Sentences, Cenfures, Bulls, ^c. of BenediB XIII, infliffing Pe-T. IV, p.' 
 nalties and Incapacities upon the Ambafladors, Attorneys, or the Kin- 1377. 
 dred and Allies of the King of Capl/e, fince the firft of Jpril, 141(5, 
 as well as upon thofe of Henry the Infante of CaJliUe^ and Grand Ma- 
 flerof the Order of St. J ago of the Sword (a). Commiffioners of theC«) ■sp.?/.f. 
 SpaniJJ} Nation were added to thole already nominated for the Affair 
 of the Bilhop of Trent, purfuant to a Relblution made a great while 
 ago. 
 
 It was one of the Articles of the A7jr^ff«w Capitulation, that the 
 Council ihould take no Refolution which, directly or indirectly, con- 
 cern'd the Kings, Princes and Prelates of Benedict's Obedience. Mean 
 time, it had been granted to the King of Arragon, provifionally, that 
 he fliould have the Right of voting for the Prelates, and other Eccle- 
 liaftical Perlbns of the Kingdoms and Countries, which that King r. d. Hard.^ 
 poffefs'd, or laid Claim to, as well on this Side as beyond the Sea, up- "^ ^^ ■ P 
 on the Hopes which the Jrragonefe had given, that they fliould eafily '5 5'''- 
 lettle this Point with the Cajiillians. But the Amballadors of Porlu- 
 gal And CafiUkh^vins, protefted againft this Grant, as contrary to the - 
 Capitulation of Nar bonne, the Council relblv'd that the King of ylrra- 
 gon ftiouid not make ule of it, and that the AmbalTadors of the Kings • 
 of Cafiille, Arragon, Portugal and Navarre, fhonld only vote for the 
 Prelates and other Clergy of the Kingdoms and Domains which they 
 had in the two Spains, or, as Bzoviiis has it more correctly, in the ezcj. ad. an. 
 Spanijh Nation. This Regulation particularly related to the lilands 1417? 559- 
 of Sicily, Sardinia, and Corjica, the Polfeffion of which was dilputed 
 with the King of Jrragon by feveral Claimants, and particularly by 
 the Archbilhop of Pi fa, who had Pretenfions to the Hie of Corfica. 
 Efperendieu, the King of Arr agon % Ambailiidor, protefted againll this 
 Decree, under Colour that it had not been agreed to by the Nations. 
 But the Commififioners, appointed in this Caule by the Council, having 
 declar'd that the Thing had been thus retblvcd on, the- Decree 
 pafs'd. 
 
 HENRY DE SPONDE reports, upon the Authority of spond. ad. ats. 
 Davila, that in this SelTion there were Ibme Dilputes about Prece-1417. n.a,... 
 dency between the AmbalTadors of the King of Cajlilk and thole of . 
 
 (i) It had been read the firll time in the XXXVIrh Seflion. 
 
 the-
 
 I02 The Hifiory of the Council c/Constanc-e. 
 
 14 1 7. the Duke of Burgundy. If this FaO: is true, 'tis a plain Proof of 
 X.ysrSJ the great Credit which the Duke of Burgundy had at the Coiiacil. 
 
 that he fhoiild preiiime to dilpuce for Rank with the Ambaffadors of 
 
 crovvn'd Heads. 
 Negotiations LIX. After having thus cut up all the Roots of the Schifm, by 
 concerning depofing the moil obftinate of the Anti-Popes, it leem'd that no 
 the Retor- o^f^^de remain'd to hinder the happy liTue of the Council. There 
 
 mationoltlie ,, , ,r • u j • u ■ ^; n /- r 
 
 Church and "o^v appear d but two Atiau's to be determin d, viz. the Rcjormation cf 
 Eleiiion of a ^/.'^ Church in its Head and Members^ and the EleSlion of a Pope. But 
 .Pope, wJiich of thefe fliould come on firft was the Point not yet agreed 
 
 to. The Emperor ftill pcrfifted in his Delire, that the Reformation 
 of the Church, and efpecially that of its Head, might be lettled be- 
 fore tJie Eleftion of a Pape ^ and the other Party was obftinate, that 
 the Election might be finifli'd firft and ibremoft. The Cardinals, be- 
 ing fupported by the Italians^ French and Spaniards, renewed their 
 Protcftations, and the E'.mperor repeated his Inftances. The whole 
 Aug. 4. Month Q){ jitigufl was taken up in Negotiations, which could not be 
 Ditcher <tp. I', very fecret, becaufe there was a great deal of Warmth on both Sides= 
 a.Hardt, T.j -pijg Italians ufed all their Efforts to draw off the Germans from the 
 • P- ^397- j^jnperor ; and the Emperor, on his Part, left no Stone unturn'd to 
 bring over the other Nations to his Party. There were alio fbme 
 Prelates and Doctors of Diftinclion among the Italians and French, 
 who were as much as the Emperor againft: deferring the Reformation. 
 Of this Number was the Archbifhop of Genoa ^ and it was at this 
 Time probably that he addrefs'd a Dilcouvfe to Sigfmond (1), ex- 
 'Aug. 16. hotting him not to fuffer himfelf to be diverted from a Defign lo ad- 
 vantageous to the Church, by the Artifices of the other Party. 
 Sermon upon LX. To the Italian Prelate, we mufl: add a French Abbat of the 
 the Rcfor- Order of St. Benedi^, call'd Bernard the Baptifed, who preach'd a Ser- 
 B^W«/ /?».•« ™°" "P°" "-^^'^ Subject: He took his Text from the Parable of the 
 fi'Xrrf^i ^ Pharifee and the Publican, Luke xviii. This is the third that he had 
 Bapizatus, preach'd in the Council, which fhews that he was a Man of Ibrae 
 CrdinisSanBi Weight and DiftinftiofT. -^ The Sermon is nothing, from the Beginning 
 BinediHi de ^q ^j-jg p^d, but a cuttiilg Inveffive againft the Clergy. 'Tis there 
 r''^d°"Hlrdt^ affirm'd, that fome body in the Council has had a Revelation, that 
 T. I. p. S79. imlefs the Simony, Robberies and Tyranny of the Clergy be not ex- 
 Aur. iz. tirpated by the Council, the Church will be expoied to a more cruel 
 Perlecution than fhe has ever fuffer'd-, and the Benedi&in, after a long 
 Catalogue of Vices and Crimes, of which he accules the Clergy, con- 
 
 (i) Inter quos illos prxcipuos (hoftes) tationis & Reformationis Eccle/ins tcntant 
 praccipuiquc cavendos putaverim, fi qui abducerc, feducere vel avertere. K d. 
 
 fmt, qui ullis artibus, ullo in:;enio, ullis Hardt^ T. I. p. Sl6. 
 promiilis, te a fanfto & ictio propofito ISIu- 
 
 cliides
 
 The H'tjiory of the Council <?/ Constance. 103 
 
 eludes with faying, that almoft all the Clergy an under the Power of 1417. 
 ihe Devil. Nor had the Council any better Quarter than the Clergy 
 in this Dilcourle, the Fathers being therein reproachd for their un- 
 worthy Toleration of Simony, pratliled before their Faces by the 
 Officers of tlie Court of Rome. It muft be aciinowledged, that this 
 Preacher gives a very frightful Idea of the wliole Council. For, 
 with a very little Exception, he reprelents it as an Aifembly ofPha- 
 rilces, wlio droll upon Religion and the Church, under the Mask of 
 their Proceffions, and other external AVis of Devotion. Perhaps this 
 Sermon is exaggerated, as publick Dilcourfcs but too commonly are ^ 
 yQtf through the Figures of Rlietorick, one ealily diicovers the Cha- 
 rafters and Conduft of the Members of this Aifembly :; andDilcourfes 
 of this kind are not lefs edifying than the Ails themfelves, in which 
 one generally meets with nothing but Relblutions and Fa£ls ilripp'd 
 of their Circumftances-, whereas in Sermons one can better difcover 
 the Situation of AlTairs, and the Charatters of the Members of the 
 Council. Therefore it may not be improper to fingle out fome Paf' 
 lagcs of this Sermon, by whxh it will appear, that if, on the one 
 hand, the Preacher talk'd with very great Liberty, they could not 
 hear him, on the other hand, without being very much confounded. 
 
 * I am fbrry to fliy it, that in our Days, fays he, the Cathdick Faith 
 
 * is reduced to nothing 5 Hope is turn'd into a rafli Prefumption, 
 
 * and the I^oveof God and our Neighbour is quite extinft.. In the 
 
 * Laity, Falihood bears the chief Sway j and Avarice is the Rule of 
 
 * the Clergy. In the Church, the Flock is divided. In the Prelates, 
 
 * there's nothing but Malice, Iniquity, Negligence, Ignorance, Va- 
 
 * nity. Pride, Covetoulhels, Simony, Lafciviouliiels, Pomp and Hy- 
 
 * pocrify. At the Pope's Court, there's no San'lity ^ Law-Suits and 
 
 * Quarrels being the Happinels of that Court, and Truth and Im- 
 ' pollute its Delight. Tyranny, Simony and Rapacioufiiels, are prac- 
 
 * tifed in every Part of it. 'Tis a diabolical Court.' There are feve- 
 ralPharifees here, fays he in another Place, ivho go up to the Temple, 
 and do nothing but tell Lyes, laugh, jcer^fleep, and talk Things that are either 
 impertinent or unfeemly. After having thus rcprefented the Corrup- 
 tion in all Ranks, he exhorts the Council to remedy thele Evils by a 
 real Reformation, and by punifliing the Guilty. The Exhortation, 
 which he afterwards makes to chufe a good Pope, is not the leaft 
 curious PafTage. Look, fays he, into all Places, that is to fay, among 
 all Perfons, in the 'meanefl, as well as in the mojl eminent Stations, for 
 a Subject fit to govern the Church with Piety. Chule not a Woman but a 
 Man (i)i becaufe the Woman is the Head of Sin, the Weapons of the 
 
 (0 Quia mulier eft caput Peccati, ar- li£li, corruptio Veteris Ttftamenti. V. i. 
 jna Diaboli, cxpulfio Paradifi, matct De- Hard*, T. I. p. 888. 
 
 Dcvily
 
 104 '^^^ Htjlory of the Council of Constance. 
 
 1417. Devil^ the Exclufion from Par adife^ the Mother of Guilt , the Corruption 
 X.f^^V'^^ of the old Cove-vant. 
 
 Another Ser- LXI. ANOTHER Doftor, whofe Name was Tbeobaldj made a 
 
 T°'r"^°" Sermon, fome Days after, upon the iame Subjeft. His Dilcourfe 
 
 tion '^°'"""vvas milder, but every whit as poignant as thz BenedeSiinSj of which 
 
 Aug.z<). thele are fome Strokes. The Avarice of the Clergy, y^j^ he, is ap- 
 
 V. A. Hardt, parent in three Things ; a covetous Man acquirelh unfairly, with-holds 
 
 ubi fiifr, p. y^f fj2ore unjuflly, and expendeth mofi abfurdly. He reproacheth tlie 
 
 ^ ■ Clergy for not adminiftering the Sacraments if they have not Money 
 
 for it, and for letting People dye without the Viaticum and Extreme 
 
 UnOiion, who have not wherewithal to pay the Pricft. ' As to their 
 
 ' Expences, they had rather ipend their Subftance upon Fools, Har- 
 
 * lequins, Whores, Fiddlers, Flatterers, Dogs and Birds, than give 
 ' to the Poor. Contrary to the facred Canons, they frequent Taverns 
 
 * and Stews, keep Concubines publickly in their Houles, and, after 
 
 * having committed Lewdnefs with them, make no Scruple to cele- 
 
 * brate Mafs.' '7/i become a Proverb, fays he, that the Prelates keep 
 . as many Miflreffes as Domcjlicks : ylnd dont think, lays he, that your 
 
 Shame can be concealed; for your Miftreffes publickly boajl of it. ' And 
 
 * as the Bifhops are no better than the inferior Clergy, inftead of 
 
 * fupprelling them, they take Money for indulging them in their 
 
 * Crimes. The Convents of Women, which, according to the Canons, 
 
 * ought to be ablblutely ihut up from the Men, are publick Places and 
 
 * Theatres, Receptacles of all manner of Vanity. If any great Men 
 
 * are fcrupulous of going into them, they fend Prefents, Difhes of 
 ' Meat, Letters, and Invitations to the Nuns to come to their 
 
 * Houfes. What pafles there, fays he, 'tis a Shame to tell, but much 
 ' more to ail it. The moft deplorable Cale of all is, that the Court of 
 ' Rome, which ought to let an Example, commits all thofe Abomi- 
 ' nations, and even in this Place, where an Alfcmbly is held for the 
 
 ■(<i)r. A. }J,ir.*' Reformation of Manners («).' He afterwards exhorts the Retbrm- 
 T. IV. p. eis to begin the Work of Reformation by themfelves, to employ 
 898, &c. themllilves in it with Sincerity, but efpeciaily with more Diligence 
 and Zeal than they had done, and not to be like the Pharifees, who 
 ftrain'd at a Gnat and fwallow'd a Camel. It will appear by the Se- 
 quel, that an Exliortation lb neceifary was not very effeftual. The 
 r. d. H.nift, Plan, which the Commiffioners drew up tor a Reformation, infilled 
 T. IV. p. upon Matters of little Importance, and negle£led Abufes of very dan- 
 139?- gerous Confequence. 
 
 The Bifliop LXII. FIT'AL Bifliop of 7o«^», who had formerly fgnaliz'd his 
 oi'nulon's Xeal for the Reformation in the foregoing Year, dilplay'd it this 
 Sermon. Year alfo with greater Force. ' The Man, fays he, who is raifed to 
 
 * the Dignities of the Church by Simony, does not receive the Call of 
 
 * God, but of Simon. Pray, Gentlemen, tell me what was the Origin 
 
 ' of
 
 The Hijlory of the Council (?/ C o N s t a n c e. 105 
 
 ' of the Schii'm? It was Money. Was not Avarice the Caufeof that 14 17. , 
 ' Confulion we now iee in the Church ? 'Tis to remedy that Abuie L/S^-^J 
 
 * and that Deformity that we are aiTcmblcd in this Place > and I 
 
 * don't beHeve that the Reformation of 16 criminal a Commerce was 
 
 * ever expeded with more Impatience {a). ' (^^ r.i.uar. 
 There was another Doclor oiV.^vl?,^\y^m!^iJohn'Hugeneto^Met■z^^^T.^'.iv»Ug. 
 
 Deputy from the Univerfity o'i Arragon to the Council, who fpoke (martly P- -^■ 
 upon the lame Subjcft. ' We fee honcft, though poor, Clergymen, 
 
 * fays he, dance Attendance, to nopurpole, at the Threlholds of the 
 
 * Prelates for obtaining Ibme fmall Benefice, or to get fome Petition 
 ^ fign'd by the Pope. But 'tis not fo with the Rich, who, with 
 
 * Eafe, obtain as many Benefices as they can fwallow, provided they,.-^ p^^. 
 
 * loofe their Purfe-ftrings to fwell the Purles of the Prelates (i). ubi fupra. ' 
 
 LXIII. The other Party, which was for elefting a Pope before TheCardinal 
 they went upon the Reformation of the Church, had alfo its Ora- of c.imir<i/s 
 tors. We find fome Fragments of a Sermon which was preach'd up- Difcouife for 
 on this Subjea on St. Louis's Day(:), by the Cardinal of C(j»;^?7?j. 'J5/^!J^'"S^''= 
 Indeed, (i) this Prelate exprelTes the extreme NecelTity there was for a p^pe"" 
 Reformation ot all the Clergy, in ftrong and pathetick Terms ;, but he Aug. 2^. 
 avers, at the fame time, that the Reformation of the Head of the 
 Church cannot be perform'd while the Church has no Head, and that 
 the Ele£lion of a Pope is the firft Article of Reformation, becaufe a Body 
 tvithout the Head is the greateji of all Deformities! ' There is a Talk, 
 
 * fays he^ of reforming the Head, while the other Members aremon- 
 ' ftroufly deformed. They diifemble their own Vices, while they 
 
 * dilcover thofe of other Men, whole Cure they are fb officious as to 
 ' undertake while they negleft their own Health. Is there any Re- 
 
 * formation more irregular than that of removing the Head of the 
 ' Church, and taking no Care to give it another. Thev pretend to 
 
 * begin with the Reformation of a Head which is not in Being, and to 
 ' poilpone to another Time the Amendment of the Members, which 
 
 * HLlually ftagna:te in Corruption and Vice. But there is no Reforma- 
 
 * tion more effential for the Church, than to be forthwith provided 
 
 * with a Head by a Canonical Election : Such a Reformation as this 
 
 (1) The Council of Trent appointed & vanirare, non in muliebri lafdvia, non 
 
 Examineis of Sermons that wcic to be in niilitari famiha , non in feculaii 
 
 preach'd, wliicli was, no doubt, to ob- pompa, non ad abundantiam, fed ad 
 
 viate this Liberty taken by Preachers. fufficicntiam, &c. ha;c omnia in Clero ex- 
 
 (z) This was the Bifliop of Thouloufe., perimur. ;. e. Would to God there was ro 
 
 Son to CAiar/fjII. Kingof yfrw/.i/fm, who, Gluttony and Drunkennefs^ no Luxury and 
 
 about the End of the Xlllrii Century, Olfcmity, no Pride r.nd r^mty^ no wanton 
 
 renounced the Succeffion to his Father's 'Effeminacy, no dcmefiick Br.iwls, no worldly 
 
 Dominions, and turn'd Monk. Fomp, no ftrivlng for Ahund^nce^ cr more 
 
 (}) Utinam non in crapula & ebrietate, than a Sufficiency", &c. all iihich'nirif} lic 
 
 non in luxuria 8c fgsditate, non in fuperbia find in the Clergy. V. d Har T. IV p 1400 
 
 Vol. II. O « ou^hc
 
 } 
 
 J c^ The Htjiory of the Councit ^^yCoNSTANCE^ 
 
 1 41 7. ' ought to precede all others, becaule the Church can never be in a 
 t/'V'NJ ' more perillous State than when it has no Head -^ yet this Eledion, 
 lb necelTIiry, is thwarted by a thonland Contradictions. \^'hile Men 
 are aiming at Vnion, they are dilunited. It is not to be fear'd, left, 
 in the midft of fuch Diyifions, what the Scripture has laid Ihoulcl 
 come to pals^ t/f Kingdom divided againjl itfelf cannot fland ? ' Not- 
 withftanding thefe Controverfies, the College of Reformers met every 
 Day, in order to have their Plan in a readinels, whether the Council 
 ihould determine to execute it before the Eledion of a Pope, or af- 
 ter it. 
 Letter from LXIV. The EngliJJ} had always feem'd very hearty with the Ger^ 
 the King of ^^^^ ^-Q^. iji-jnging on the Alfair of the Reformation of the Church 
 hi^Vmbaffa- before the Eledion of a Pope. Neverthelefs it appears, by a Letter 
 dors at the fr6m the YiAn^o^ England to his Ambaffadors at the Council, that 
 Gomicil. fbme of that Natipn were uot of the lame Mind with others. Though 
 the Letter does not Ipecify what was the Ground of their Difference, 
 yet it is natural to fuppofe that it was about this Affair. The Let- 
 ter is direfted to the Bilhops o^ London (i), Bath (i), Salisbury (5). 
 Coventry and Litchfield (4), and Norwich (5), and is worded as fol- 
 lows. ' Whereas we have been inform'd, by your Letters, that le- 
 ' veral of our Subjects, who are at the Council of Conftance, ail con- 
 ' trary to our Intentions, and refufe to conform to the Inftruftions 
 
 * we have given you 5 our Will is, that all our Subjefts in general, and 
 ' every one of them, who now is, or flrall be for the future, at Con- 
 ' fiance, of whatfoever Rank, Degree and Condition they are, give 
 
 * you Affiftance, Advice and Obedience in all Things, and be prefent 
 ' at no particular AlTembly without your Knowledge. And if any 
 
 * happen to oppole our Intentions and our Orders in this Matter, ei- 
 ' ther pubhckly or clandeftinely, do you advertiie them, on our Part, 
 
 * to dcfift. But if they refufe to hearken to fiich Remonftrances, you 
 
 * Ihall command them, in our Name, to withdraw from the faid 
 ' Council, in order to return to this Kingdom, and give an Account' 
 
 * of their Conduit : And if there happen to be any Diverfity of Opi- 
 ' nions among you, the finaller Number muft give \^'ay to the greater.* 
 
 {«) Mr. Ry- The Letter is dated the 1 8 th of July^ 141 7 {a). Til! this Affair is 
 mer'svadera, ^^gcided, we pafs to Others. 
 
 Affair of Bo- LXV. During the Dilpute of Tongues and Pens at Confiance^ 
 
 bsmia. there happen'd fuch Scenes in Bohemia as were perfectly Tragical. The 
 
 Declaration of the Univerfity of Prague in Favour of the Communion 
 
 (i) Richard. (4) yohn Catricke, who was elefled ia 
 
 (2) Skholas Buhv/ifh, who was cle£led 141 5, and died in Florence in 1419. 
 
 It 1408, and died in I424_. (?) 7"^^» Vakeryng, who wai chofen in 
 
 i^) Rtbert Alam. , 1416, and died in i4a.j. 
 
 ill
 
 tlie 
 
 Tke Hiflory of fihc Council of G (TNT st^-a W-c e. icy 
 
 iti both kinds, had drawn afide the greateft P.irt oFthe Clergy and Laity, 14 r .7, 
 JVcncejlaus, more out of Fear than Good-will to tiie Hnjjiics^ had 
 granted them a great many Churches, wherein the Sacrament of tlie 
 tu:harift was adminifter'd in both kinds, according to the Inflitution 
 of Jefus Chrift, and wherein they entcr'd into new Kngagements every 
 Day not to obey the Council. The CIcrgv of Bohemia, viho^ by thaC 
 Means, were ftripp'd of the beft Part of their Revenues, lifed all their 
 Eiforts to ftir up all the Friends of the Church o'i Rome, that remain d 
 in that Kingdom, againft this Innovation. A great Number of High- 
 waymen and Banditti took the Opportunity of this Confufion to ex- 
 ercife all Afts of Violence and Robbery with Impunity. And J^Fen- Theoha1d'<i 
 rf/.-^wj, inftead of cKcrting his Authority to apjpeafe thefe Diforders, ^'^ °^''' 
 liad abandon'd Pragm, ■&x\'X was retir'd to aCaftle, where he minded ^r-^'"' '^^^' 
 nothing but his Pleafures, while his whole Kingdom was in a Com- 
 
 buftion. ^■I'^'-fi^ 
 
 ■ LXVI. It was not eafy for t\\t Council to provide effectual Re-(?«r/o»sTrea- 
 
 medies for an Evil, of which they were partly the Caule. The Bo- t'fe againft 
 
 bemians had been citzA to Conjiance Ibme. time paft^ to give'an Account '^'^'^ ^"'"J""" 
 
 of their Conduft: But they were averfe to appeaiSng before a Tribu- ]^'j^^j" 
 
 nal, which had been fo fatal to twoof their Country fnpn, and of whole 
 
 Authority they publickly difclaim'd any future' Acknowledgement, 
 
 Mean time, the Fathers of the Council left no Stone unturnM to re- 
 
 eftablifli the Cuftom in Bohemia of communicating in one kind only. 
 
 And it was by their Order that Gerfon compiled his Treatife againjl 
 
 the Commtmion in both kinds, of which 'tis neceffary to give the Sub- cerf T. I. 
 
 ftance here, becaule it was now publickly read in the Council. This P^" 11. p. 57. 
 
 Treatile confifts of twenty Propofitions, which Gerfon cz^s Rules, ten ^ j^' ''• '^"'^ 
 
 of which are Speculative, and the other ten Praflical. P-/ • 
 
 The firft Rule eftablifhes the Holy Scripture rightly underftood, 
 as the Rule of Faith, agaihft which no Authority, nor Reafon, nor 
 Cuftofn, nor Conflitution, can prevail. He allows, that this is the 
 common Hypothefis of the Catholicks, and alio of the Hereticks, 
 whom he attacks •, and that they differ only in the Applicatioii. 
 
 The lecond Rule is, that in order to explain the Scripture, noPaP- 
 lage of it ought to be taken leparately ; but that" the feveral Paflnges 
 ought to be compar'd with one another, in order to find out the true, 
 Senle of it. He quotes, for Example, this Paflage. TVhofoever be- 
 lietieth, and is baptifed, fljall be favd. To take it f^parately, y^j'j he^ 
 one would imagine that Faith alone was fufficient for Salvation, with- 
 out any other Virtue, which however is not true. The better to 
 convince the HuJJites of the Truth of this Rule, he makes ufe of this 
 Av^wment ad hominem. If we confider tliat Paflage of St.7o/;»feparately, yohn vi. 51- 
 where 'tis laid. If any Man cat of this Bread, he fjall life for ei-er, it 
 would feem to be fufficient to receive the B6dy of Jefus Chrifl in the' 
 
 O 2 Eucharift^
 
 ic8 The Htjlory of the Council of C 6 n s t a n c e^ 
 
 1417. Eiichariftj neverthelels the HuJJites fay, that his Blood ought to be- 
 ^vs^ drank at the lame time. I own, that I don't clearly conceive in 
 what Regard the HuJJites could difpiite this Rule, nor what Harm it 
 would have done them. 
 
 The third Rule dilfering v?ry little, if at all, from the iecond, I 
 need not mention it. > :■• ( 
 
 The fourth Rule is, that, in order to explain the Scriptures in a 
 right Senfe, thele four Qiialitications are abfolucely neceffary : A good 
 Underftanding, Study and Meditation, Humility, and a Heart exempt 
 from every vicious Prejudice. 
 
 In the fifth Rule, Gerfon begins to enter a little farther into the 
 State of the Queftion. T'be Holy Scripture^ fays he, had^ at its Jirji. 
 Promulgation^ Interpreters^ mho zvere not only inligbten^d by human ReU' 
 fining, or by Study, but alfo by Divine Revelation, and by the Infpira- 
 iion of the Holy Ghojl (i). For a Proof of this Rule, Gerfon quotes 
 the thirteenth Chapter of the yff?^^///:'^ Apoftles, and the Gifts of In- 
 terpretation mention'd by St. Paul.. This can't admit of any Dilpute 
 with regard to the Apoftles who explain'd the Oracles of the Old. 
 Teftaments ; but it might be liable to Contradidlion fince the Apoftles 
 Time. Be it as it will, Gerfon was much in the right to fay, that the 
 Koftors ihoufd be confronted with one another,^ and that they who. 
 have the Qualifications ipecify'd in the foregoing Rule, ihould have 
 the Preference to thole who have them not, and they who are in- 
 Ipir'd, to thole who are not. 
 
 The fixch is, that the Holy Scripture Ihould not be received fcx 
 nakedly and firaply as to detpile human Traditions ;, but Xhat, on- the 
 contrary, in order to underftand it aright, Recourle ought to be hum- 
 bly had to human Laivs, Canons, Decrees, and the Gloffes of holy- 
 Boftors.. Gfrfon fays, that this Maxim may be proved by the Me- 
 thod of the Heretick? themfelves, becaufe they frequently quote the- 
 D.ociors, and even fome of very liiiall A,uthorityj to corroborate.. ojj 
 to palliate their Doftriue. -0 nL ''I0 riirc cqvli nor/irrKo 
 
 The feventh is, that the Holy Scripture requires Explanation, not? 
 only in its original Terms, but alio in its Expofitors. For Example, 
 fays be, \^ St. Auguflin has faid in one Place, that the Laity ought tO' 
 receive the Blood of Jefus Chrift in the Eucharift, in order to com- 
 irunicate lavingly, and leems to have liiid the contrary ellewhere, the- 
 Pafiages ought to be compar'd with one another, in order to be recon- 
 T. V. cil'd. St. Aujlin has Ibmewhere faid, Believe, and thou hajl eaten.. 
 i\'35>4'. He might alio have laid. Believe, and thou haJl drank. Gerfon v/ould, 
 
 (1) Scriptura Sacra fua primafia eiqjo- divina revelatione 8j iiifpiratioiie Spiritus- 
 pofitione habuit homines enidito'!, non fb- Sanfti. 
 lum huroana ratiocinatione, vel ftudio, fed , 
 
 infinuate.
 
 The Hiftory of the Council of C o n s ta n g e. 109 
 
 infiniiate by this laft Period, that 'tis not neceffary to communicate >4i7. 
 
 aftually in the Species of Wine, becaufe it may be done by Faith. ^•"V"^. 
 
 But there feem to me to be two great Defe£1:s in Jiis Argument. 
 
 The firft is, that St. Auftin having no where laid. Believe^ and thou 
 
 kafi drank^ as he has laid. Believe, and thou hafl eaten^ 'tis a ro- 
 
 mantick Conckifion to infer any thing from what he might have laid, 
 
 but has nor. 2. That St. JiiJUtis Expreffion proves nothing at' 
 
 all, becaule it proves too much ^ for to take it hterally, it would follow, 
 
 that a Man need not communicate, either in one kind or the other. 
 
 Gerfon ought here therefore to have kept to his own Rule, namely,. 
 
 to have compared this PafTage with others where St. Angufl'm treats 
 
 of the Eucharift^ and he would have found, that in the prelentr 
 
 Cale no Infereixe could be drawn from the Doctor's Exprel- 
 
 iion. 
 
 The eighth Rule is, that Broachers of new Opinions, who main- 
 tain the Necefficy of believing the Holy Scripture in the literal' 
 Senle (1), without the Help of any Interpreter, expofe it to Perils 
 and Scandals, for which it is of Importance to provide a timely 
 Remedy. He propoles to convince the Innovators, he mentions, of 
 Contradiftion-j becaule, on Ibme Occafions, they admit of the Autho- 
 rity of the Doftors, and on others they rejetl: it. It would be no very- 
 difficult Task to fliew that there's no Contradiflion in this ; but my De- 
 fign being not to enter into Difcuffions ot this Nature, I fhall only offer 
 Ibme hiftoricai Remarks. One is, that Gerfons Cenfure could not fall 
 upon John Has, becaule he did not abibkitely rejed Tradition ^ and- 
 that, in his Commentaries upon, the Scripture, he frequently quotes 
 the Glofs, the Fathers, and the Schoolmen. The other is, that. 
 Gerfo?i (kzms to blow hot and cold in a Breathy for, in another- 
 Place, he condemns as a Herefy this Propofition afcrib'd \.ojohn Petit -^ 
 He that esplaineth the Holy Scripture literally, deflroycth his oiun Soul. 
 If, according to Gerfon, 'tis a Herefy to condemn the literal Expla- 
 nation of Scripture, he ought not to condemn the Begards, and the 
 Poor Men oi Lyons, who, according to him, are for explaining the 
 Scripture in a literal Senfc. Thefe are his Words ^ Prom this poifonous ^ /. ^//•,j„ 
 Root fprung the Errors of the Begards, the Poor of hyons, and the p_},'^ 
 like. There are many Laymen amonv^ them who have a Verfton of the 
 Bible in the Vulgar Tongue, to the great Prejudice and Scandal of the- 
 Catholick Truth. "'TIS propo fed to remove this Scandal in the College for- 
 Reformation. 
 
 The ninth Rule is, that the authentick Expofition of the Holy 
 Scriptures refides in the Authority and Approbation of the Catholick 
 Church, but elpecially the Primitive Church, which received both . 
 
 Cj) Iu nudis tcrminis. 
 
 thie.:
 
 1 1 The H'tjiory of' the Council <?/" Co n. s t a k c b. 
 
 14J7. the Scripture and the Underftanding of it immediately from Jefus 
 'V~W^ Chriit, by the Holy Ghoft, on the Day or" Pentecoft^ and upon other 
 Occafions. In my Opinion, there's nothing in all this Rule but 
 what the Hujjites would have fsc their Hands to without any Scru- 
 ple, They would ahb have eafijy admitted the Conlequence which 
 Gerfofi draws from it, viz. That in the Explanation of the Scripture, 
 and the Adminiftration of the Sacraments, more Regard ought to be 
 had to a Cuftom of the Catholick Church, than to the Authority of a- 
 particular Doilor, even though he were a Saint. 
 1 Csr. xi. 19. Th£ tenth Rule runs thus -jsrbatim. ' God futfers thole who read 
 
 * the Holy Scripture to wrell it, and to milliKC it, to the end that 
 
 * they which are approved may be mademanifeft, in order to excite the 
 ' Learned to theStudy of the Scripture, as St. Auflin lays, and to clear 
 
 * up feveral particular Truths by a daily Exercile. Neverthelefs, when 
 
 * they who read or quote the Holy Scripture, have the Prefumption 
 ' to put a perverfe (i) Senfe upon it, contrary to Vvhat is taught in 
 ' the faid Scripture, declar'd by the Church, and oblerved by the 
 ' Faithful, 'tis more proper to undertake the J^efence of the Scrip- 
 
 * ture, by feverely puniflaing (iudiciali feveritate i^ execatione fmntiva) 
 
 * the Innovators, than to deal with them by the way of Argument, 
 
 * and by Word of Mouth or Writing.' He lays, that this Rule is 
 a Conlequence of the former. I own, that I don't here underftand 
 Gerfori's Logick : 'Tis a very blunt ralh Inference, but elpecially 'twas 
 the mod improper in the World to draw the Hujjites to Conjiance., whi- 
 ther they were ii'.mmon'd. 
 
 To thefe Ipeculative Rules Gerfon adds Ibme that are Praftical (i)',^ 
 concerning the Means tliat ought to be ufed for preventing the Commu- 
 nion in both kinds from prevailing, which are inSubftance thelc: The 
 employing the Secular Arm, on the one hand, to fupprels Hereticks ^ and 
 Doftors, on the other hand, to inftruft them by Treatifes (-); and 
 the allowing to them in Diiputations all that may be conceded Theo- 
 logically and Rationally^ in order to bring them with the more Kafe to- 
 the main Point of the Qiieflion. ' For Example, fays he^ it ought 
 
 * to be granted to them without Scruple, that it may happen, and 
 
 * a£lually has happen'd, that the Liity have communicated innocently, 
 
 * and even meritoriouily, in both kinds, as the Church hath Ibme- 
 
 * times communicated with Leaven'd Bread, in order to remove all 
 
 * Sufpicion of Judailm, and as Jefus Chrift inftituted the Communion 
 ' after the Supper.' Gerfon is alio for allowing them, that human Au- 
 
 f I ) Perverfum & protervum intelleaum. ment of another Work, which Oerfm com- 
 
 (2) M. £)«;>/», in his beautiful Edition pofcdupon this Subjeft. Gerf. p 463, 4(55. 
 
 of Get/w's Works, among thefe fpecula- (5) Maurice of Pritgue compofed one 
 
 tivc and praftical Maxims, places a Frag- at that Tune. V. d. Hardt, T. Ill Part 2 1 . 
 
 thority
 
 The Hijiory of the CoimciJ <?/ Constance. m 
 
 thority and Cnllom are of no Avail againft the Scripture ^ but he 1417. 
 would have them convinced, at: the liune time, that tlie Scripture 
 is liifceptible of Interpretation and Kxpofition. He would alio have 
 a careful DilUnftion made io the Adminiflration of the Sacraments of 
 wliat is eflential to them, from what is only necelTary in them, from 
 a Neceffity of Precept^ and by Conftquence from human and 
 pofitivc Law: The lirft, fays he, the Church cannot alter, but 
 iiie has Authority to change the fecond, in which Clals he places 
 the Communion in both kinds, or one kind only. He is of Opinion, 
 that the Council ihould defire the Emperor to elpoule the Quarrel and 
 Interefl of the Church in this Matter, becaufe this Emperor 
 was a Witnels of the Decree of the Council relating to the 
 Point in hand, and becaufe the Hcrefy had its iliie in the Kingdom 
 o'i Bohemia^ of which he is prelumptive Heir. He thinks 'tis ov. ve- 
 ry great Importance, if the Bohemians could be convinced that they aie 
 no: conderan'd, either out of Spite or Envy, but only from a Motive 
 of Zeal for the Catholick Faith, jind this they will furely be^ lays 
 he, ivhen they obfeyje that the Council is in good Ear>iejl for extirpating 
 all Errors indifferently^ without refpeH either to Perfons or N'ations. But 
 they would have Caufe for conceiving a bad Opinion of the Intentions of 
 the Council^ if it only ainCd at the Profecution of them alone, and fpar'd 
 thofe Perfons who are guilty of Errors more dangerous than the Huflites, 
 This is an indirect Reproach of the Council's Indulgence for the Er- 
 rors of John Petit, and their Partiality in favour of the Duke of Bur- 
 gundy. The following Article fl:rikes alio at the Method by which 
 they had proceeded in the Examination of John Petit's Propofitions. 
 ^T'is neceffary, lays lie, to treat of the Jffair of the Eucharsfi in free 
 and peaceable Conferences between Divines, and not by Proceedings at 
 Law j and that it he confider''d by ftich Divines as are not fufpe^ed of 
 being erroneous in other Points. This is a Satyr levell'd againft thofe 
 who favour'd John Petit'?, Propofitions. Gerfon concludes this Tract 
 with a long Catalogue of the Inconveniencies which would arile from 
 the Communion in both kinds. As for Example^ the Danger of 
 fpilling the Wine; of its turning four \ of its congealing ; of Flies breeds 
 ing in it when 'tis kept for fick Patient s\ of long Beards defiling it \ 
 of the confecrated Veffels being prophand in the Hands of the Laity •, the 
 want of Wine in fome Places where it does not grow, and where 'tis 
 very dear; the want of feffels fufficient for the Confecration of the great- 
 ^.antity of Wine that is requir\l in certain Conjunctures ; as at Eafter, 
 •when in fome Places they are oblig'd to confecrate enough for tiuenty thou- 
 nd People, Hereto he adds, that this Cuftom might draw feveral 
 Errors along with it, particularly thefe; ' That the Laity are in tJiis 
 * relpett of the fame Digniiry as the Priefts > that this Praftice always 
 f was, and ftill is, neceilary, and that, by Confequence, they who have 
 
 ' nG5
 
 1 1 2 The Hijlory of the Council 0/ C o n s t a n c e. 
 
 14 1 7. 'not follow'd it are damn'd, and that the Doftors who have taught 
 
 U'^■V^"^J ' and practis'd the contrary, have been Prevaricators that have pervert- 
 
 ' ed the Scripture. That there is not lo great Virtue in the Con!e- 
 
 ' oration of the Sacrament as in the Receiving of it (i). That the 
 
 *. Sentiments of the Church of Rome concerning the Sacrament, are 
 
 * not Orthodox;, and that in this it muft not be imitated: Tlint 
 
 < general Councils, and in particular the Council of Confiancey have 
 
 < err'd in Faith and Manners. 
 
 .Letter from LXV-II. PsRHAPS it was this Advice of Gerfon vk^hich cngag'd 
 the Emperor the Emperor to write a very ftrong Letter about it to Bohemia. 'Tis 
 to Bohemia, (^jj-e^ted to tlic Inhabitants of Laiiny (2) ^ where it may be fuppos'd, 
 ^'^*' ^' th.At Huffitifm had made a great Progrefs from a Letter both of Exhor- 
 tation and Congratulation which John Hhs wrote to them before he 
 went to Conflance. The Emperor acquaints the Bohemians in this Let- 
 ter (ay. That the King his Brother, and fome Lords of Bohemia^ oP- 
 ■{a-^ Tfrf. * ten intreated him by Letters and AmballFadors to unite with the 
 caf. ad ui- ' Council, for appealing the Commotions in that Kingdom, on ac- 
 iienfet trp. c ^~Q^^^■^^ q{ ^[^q (iangcrous Innovations therein introduc'd. That he 
 T iv^p ' had hitherto hinder'd the Council, as far as he cou'd, from proceeding 
 140S. ' to any Extremity that might be dilagreeable to the King his Bro- 
 
 ex MS. ' ther (5), and prejudicial to a Kingdom which he loved as his (^.J 
 selmfi. I fJative Country and Inheritance. That he is lorry to hear, that, not- 
 
 * withftanding his repeated Inftances with H'^encejlaus and the Nobility, 
 
 * things grew every day worle and worle. That the Clergy are ftrip- 
 ' ped ; that the moil lacred Things arc profan'd ;, that the Eccleli- 
 
 * afticks are forced to conlent to the Prophanation in fpite of their 
 
 * Teeth;, and that in Contempt of the Keys of the Church, Perfons 
 
 * are upheld who are excommunicated and fubjcfted to an Interdict. 
 ' That the Laity exercife a thoufand Acts of Violence upon the 
 ' Prieflis ; that, not content with dripping them, they commit them to 
 ' Prifon, and force them to abjure the Catholick Religion by Tortures 
 
 * as cruel as thole which Nero invented againlt the Chriftiansj that they 
 
 * caufe trifling Conftitutions to be publickly fix'd up againft the Decree of 
 
 * the Council of CoK/?««fc relating to the Communion. That fuch tragi- 
 
 * cal, fuch moving Complaints are lately arriv'd upon that Head, that 
 ' the Council is relblv'd to proceed againft M^enceJIaus as a Favourer 
 ' ofthofe Diforders, or at leaft as guilty of conniving at themj be- 
 
 * caule, fays he, fbme Perfons have openly declared, that People wou'd not 
 
 (i) Quod virtus hujas Sacramcnti, non (5) This was extraordinary Tenderncfs 
 
 eft principalius in confecratione, ijuam in m the Emperor to a Brother whom he 
 
 fumptione. had made 110 Scruple to commit to Prilbn. 
 
 (2) Ad Luncnfcs. Op. Kuf. T. I. Epill. (4) Nos qui ex iplb oiiginem traximus, 
 
 XIV. Fol. C. Lauiiy, in hatin .tauna, is velut hxredem invitat & allicit natalis 
 
 a Royal Town in £(iJbe«/<», upon the E^ni, dulcis Memoiia. 
 
 * dare
 
 The Htjlory of the Council ef C o n s t a n c e.' i i 5 
 
 * dare to enter upon fiich Attempts, or to commit fiich horrible Sacri- i^ i-. 
 
 ' leges under fo powerful a King, ir' there had not been Connivence ^,y~\r~'^ 
 
 * in the cale. But that in complailance to him, the Council was 
 ' prevail'd upon with Ibme difficulty to (iifpcnd its Proceeding, in hopes 
 
 * that IVenceJlaui wou'd alter his Condud, which if he did not do 
 ' quickly, his Honour and Glory wou'd not permit him to ule his 
 ' Interceflion any longer. ' The Letter is dated the jd of September 
 this Year. 
 
 It appears by this Letter, that we want a great many other Afts 
 concerning this Affair ^ and that there were feveral Embaflles and De- 
 putations from Prague to Confiance, and from Conftance to Prague, ot 
 which Hiltory is filent. This is not the only Letter which the Em- 
 peror wrote to Bohemia, during the Council. The Jefuit, who has 
 epitomis'd the Atfairs oi Bohemia, tells us of three Letters which this 
 Prince wrote from Paris (i) in March 141 "?, one to the Great Men Balb. E/i?/. 
 of Bohemia, another to thole of Aloravia, and a third to the Magijlrates Rf Bui.m. 
 and Cities of Prague. This Author, who law them in MS. in the P- 4-4- 
 Archives of the Church of Prague, lays, that they are written in a 
 Stile ib haughty and fo bitter, that he Ihou'd have taken them for 
 the Fiction of iome HuJJite, if he had not obferv'd that they were the 
 Hand-writing of a Catholick and a Prieft, and if the Severity, which 
 the Emperor afterwards manifeftcd in his Condufl, had not naturally 
 induc'd him to believe that the Emperor might well write in that 
 Strain. * Sigifmond fays, he ought to remember that he was not 
 yet King oi Bohemia, and that in the then State of Things, he flood 
 in need of Friends to attain to that Dignity. When a Man is to 
 ride a mettlefome Horfe, he muft ftroke and not curb him till he 
 is firm in the Saddle. This premature Severity was the realbn that 
 Sigifmond had much a do to be recogniz'd King of Bohemia after 
 the Death of his Brother, and he wou'd never have carry 'd his Point 
 with an Army of a Hundred Thouland Men that he niarch'd with to 
 Prague, much left with threatening, and ironical Lxtters, if he had 
 not been prevail'd on by Alenard de Maifon neuve, to take other 
 Meafiires, and to oblerve other ConduO:, with regard to the Bohe- 
 mians. ' That was the Opinion of this Author. But it were to be 
 wilh'd that he had publilh'd thole Letters, becaule they might have 
 let us into leveral Particulars relating to the Situation of Aiiairs in 
 Bohemia at that time. We have met with fome of them among the 
 MSS. at Leipfic, which are worth inlerting here, and are a full Con- 
 firmation of Balbinus's Opinion. 1 he firft is exadly of a piece with 
 
 (0 The Dates of thofe Letters are mif- the Month of Mirch, and did not fet out 
 taken, or elfe they muft have been fiaiiious; for Paris rill y»ly that Year, 
 bccp.ufe the Emperor was at Cenjlr.nce in 
 
 Vol. IL P tLu
 
 ri4 T'fjs Hi [ion of the Council <;/ C o n s t a n c e. 
 
 j_^j-^ that of which we have juft given the Subd'ance. There is another 
 written to liis Brotlier l'FenceJlaus\ wlierein he tells him, amonglt o- 
 tlier things, that it was none oF his Fault, they had not conier'ii 
 together on ways and Ajeans for procuring tiie Welfare of their 
 Kingdom, and for confirming brotherly Love, but that he was 
 infonnd that he defgn'd to bring along wirh him Ibme Pcrlbns 
 of whom he had a Suljpicion. Tliut ncverihelels, he was not againit 
 a friendly Conference, provided he cou'd be alfur'd that the RtniiJIj 
 Religion wcu'd not be abandon'd. Laftly, He intreats him to have 
 a Care of being excommunicated by the Council-, becaule, in thiscale, 
 a Croifade will be publiiii'd, and that he cannot excule himfelf from 
 taking up the Crols agai.-ft him. The third Letter has no Eate-, 
 but 'cis plain, it was written after the Death of Wcncejlaus. 'Tis per- 
 fcitly fatyrical, and full of Irony and virulent Sarcalhis. The Super- 
 Icription of it is thus, S IG I S MO N D, by the Grace of God ^ King 
 of the Romans, o/Hungary, Dalmatia, Croatia, always ylugii ft ^ &c. Kiyig^ 
 as ivell as Chief Heir and Lord of the Kingdom of Bohemia, to our 
 Trully and Well-beloved the Judges, the Burgomafters Strohback^Retzko, 
 and the other Echevins o^ Old and Ne%u Prague, and to all the Holy 
 Societies of Pr^^«f, Greeting, {SJLUfEM OPPORTUNJM) (i). 
 ' Above all Things, we wiih you not to abandon the Holy Doclrine 
 ' of IVickliff, O what Joy is it to a Prince to have lb great a Num- 
 ' bcr of fuch Go^•e;■»of-x (2) and fuch Subjefts ! It will eftablilh his 
 ' Tiirone, and his Glory will ring from Eaft to tVeft. Therefore Trul- 
 ' ty and Wc!l-beloved, it rejoyc'd our Heart to hear your Prudence, 
 *■ Moderation and Agreement. Truly you are a Mirror which the other 
 ' Countries ought to confult, the Light of the Ignorant, and of thole 
 ' who wander in Darkneis, and the Council of Conftame is but Oblcu- 
 ' rity in comparifon of your VVil3om. Have you not inlighten'd the 
 ' City of Prague, and all Bohemia, by the Luftre of your Knowledge. 
 ' You can do well enough without either Pope or King, you are fo Wife. 
 ' You have deilroyVl the Pious Monuments of your Kings (5). You 
 
 * have burnt the Carthuftans Monaflery, which was founded near 
 
 * Prague, by the moil Serene John King oi Bohemia our Grandtatlier of 
 ' Glorious Memory (4). You have turn'd the Monks and Nuns out of 
 ' their Convents, and the Curates out of their Parifaesj becaule, fay, 
 ' you, they refufed to receive God's Lav/, which you undoubtedly know 
 
 * full well. You have had the AlTurance and the Cruelty to mailacre the 
 
 (l)This Greeting is Ironica'. I don't well underftand. yis tie Konh of 
 
 (2) TrdfeSos pri.pcftai. this Cchvent utre of ro Servxe to tie Ho!y 
 
 (5) As to this Dclhuilioii of .'VJi».jy?««V.r^ Church, ysu haiie made tkcm like (he Df^f 
 
 fee JEreas Sylv. DiiLraV. Tlcobatd. Bnl- ivho be/ir, a%d the Dumb uho /peak actc-fj 
 
 t* riot^ an 
 
 * JutJgcs 
 
 hirius. VVc fhall mention it in the Ac- ina; to the faying in St. Maltkew, Ihuuh/'/i 
 
 count of tlie VVar of the Hujfites. made them Kith Ears that hear not ari 
 
 (4) Thae arc foir.c V\'ords here vhich Tor^gues that Jptak net
 
 The H'tjlory of the Council <?/ C o n s t a n c e. 115 
 
 Judges and F.chevinsof A'irty Pr<?^w, by tJirovving them headlong out 14 1-. 
 
 of the Windows of the Town-hoiilc in order that you may be ftrong 
 
 and valiant (i). You have broke die Images of Jefus Chrifi and 
 
 ' tlie Saints to Pieces like unprofitable Idols. You Jiave expell'd 
 
 ' a great Number of learned Men and Scholars from Prague. By 
 
 < your own Authority you cau(c the Tombs of the Dead to be co- 
 
 < ver'd with Sheets, {Peretra mortmrum ij alia, infignia fuuebria) ^ and 
 
 < you deny them to be lighted with Wax-Tapers. Nor will you fuf- 
 
 * fer the expofing of the Relicks of the Saints, nor the Elevation of 
 ' the facred Hoft (2). You forbid the Kiffing of the Pa>; during the 
 
 * A^afs, and you have alio condemn'd other Ipiritual Taws that Jiave 
 
 * long been oblcrv'd in the Church. You liave moreover rank'd among 
 
 * the Saints, Mailer John Hies aiid Jerome of Prague, who were put 
 
 * to Death, as you fiiy, for the fake of God's Law ; You celebrate Days 
 ' in Memory of them, and you hope like them to receive the Crown 
 
 * of Martyrdom, while you negleft the Feftivals of the Saints. You 
 
 * rejoice to admit Preachers of both Sexes among you, as Perlbns that 
 
 * are infallible, and whole unparallel'd Wifdom is every where cry'd 
 ' up. What Man is there that will be fufficient to fing your PraiJcs, 
 ' if you make new Progrefs every Day in thole Holy Innovations ? 
 ' Certainly, the Kings and Princes of Chriilendom have admir'd, as 
 ' they do Itill, and will hereafter admire the extraordinary Wifdom 
 ' which has been pour'd out upon You,unknown to the Primitive Fathers. 
 
 * Therefore, Dearly Eeloved, heretofore, wlien we wrote to you to 
 
 * break olF from your Obedience to the Church of 7?c;;;f, we did it 
 
 * from Ignorance, not knowing that you were polTefs'd of fuch ex- 
 ' quifite Knowledge. But above all, don't think that we were not 
 ' wonderfully pleas'd to hear that at the Funeral of the moil: Sere'/ie 
 
 * Prince ffencejlaus King of Bohemia, our moft Dear Brother, in or- 
 ' der to procure Reft for his Soul, and to comfort the moft Serene 
 ' Qiieen Sophia our Sifter-in-Law, you arm'd your lelves fuddcnly in 
 
 * the Space of four Hours with Swords, Sticks, Clubs, and Cro(s-Bows, 
 
 * and that thus arm'd you ran about the Cloyfters, Churches and Chap- 
 
 * pels finging your fine Funeral Ditties. Therefore all we have to do, 
 
 * is to intreat you earneftly to affociate us to your College, and to 
 
 * ufe all your Endeavours that we may be able to attain to the Go- 
 ' vernmcnt of the Kingdom of Bohemia. But however, don't ye fay 
 ' according to the Golpel, H^e will not have this Man to reign over 
 
 * us ; or, as it is faid in another place, T'his is the Heir, let us kill him. 
 
 (i) Probably this is an Allufion to of the Thylacleres or Repofilories, or ths 
 
 ftUtt. xii. 29. httlc Coffers containing the Relicks imd 
 
 (2) 'Tis in the Original la Moriflrance, the Uucharifl. 
 Cor the expofing) according to Dit Can^e 
 
 I P 2 ' For
 
 I T 6 The Hijiory of the Council of C 6 n s T' a n c &» 
 
 J417. * For our Intention is to improve by your Advice, and to govern ac* 
 ' cording to your Hints (iV 
 
 Besides thefe Letters that we meet with among tht LeipfickMSS. 
 there are fbme others which indeed do not relate to the Council ^ but 
 neverthelels, as they belong to Religion, and concern thele Times, they 
 deferve a place here, and the rather, becaule perhaps they wou'd ne- 
 ver find one elle where. There are three which contain Recommen- 
 dations to all Chriftendom for a certain Mahometan Count, call'd 
 Bartholomezv of Bethfaida (Son to O&avian Count of Bethfaida) who 
 had quitted the Mahometan for the Chriftian Religion. The firft of 
 them is from iFenceJlaus King of Bohemia in thefe Terms'. Wencc' 
 *■ flam, by the Grace of God King of the Romans (;), always Augiifl^ 
 
 * and King oi' Bohemia, We make known by thefe Prelents, that weai- 
 ' ways looked upon the Converfion of Men from their Errors, as the 
 
 * greateft Work of Piety. For, if as our Saviour lays, a Cup of cold 
 
 * Water given to him that is thirfty fhall not lole its Reward, with 
 
 * much more reafon fliall the Care which is taken for the Salvation of 
 ' a Soul be rewarded in proportion to the Excellence of the Soul a- 
 ' bove the Body. For thefe Caules, the Count Bartholomew of Beth- 
 ' faida, having by the Illumination of the Holy Ghoft, quitted the 
 
 * Pagan Errors (0 to embrace the Chriftian Faith, and to receive 
 
 * the Holy Baptilm in our Church j wc recommend him in a very 
 
 * particular manner to your Prote£lion, and your Charitable Offices, in 
 
 * the Name of God, and in regard to our Majefty, the rather becaufe 
 
 * he is come naked out of his own Country, and has nothing to de- 
 
 * pend on but the E'avour and Affiftance of Chriftians.' This Letter 
 is dated the 25th of Oilober, 1410. The lecond Letter, which is of 
 tlie fime Date, and almoft of the fame Tenor, is alfo a Circular Re- 
 commendation of the Mahometan Profelyte from Conrad Archbilhop 
 of Prague to all Chriftendom : But in this Letter, there are two re- 
 markable Particulars ■, the one, that hitherto the Count of Bethfaida 
 had work'd with his Hands for his Living, but not being able to 
 follow his Calling any longer, he was doubrly worthy of the AlTiftance 
 of the Faithful ;, the other, that the Archbifliop promifes Forty days 
 Indulgence to all thole who after Contrition and Confeilioa Ihall affifl this 
 
 (i) Though this Letter was not writ- Wtj \n Bo})emia, and even in mofl of r^e 
 
 ren till the Year following, it wiis though: Foreign Kingdoms, after he was depos'd 
 
 fit to place it here on Account of other . in Germany. 
 
 Letters fiom Sigifmond^ who at this -unc- (3) Rel.ilis Fnp/inis damnofis errorihus^ 
 
 rure abfurdly purfu'd the Maxim afcrib'd i. e. having abandon 'd the damnable Er- 
 
 lO him, viz- §^' ntfcH dijfimulare nefcit rors of the P'J^.jw/. This n:.mc was then 
 
 rejn.ire. given 10 the Mahometans or Sarazem. 
 
 (^2.) tJe was always own'd in that Qua- 
 
 new
 
 The Hiftory of the Council <?/ Constance. 117 
 
 new Convert (1). The third Letter, which is from the Emperor i4i7> 
 Sigifmond on the fame Subject, is dated the i^th o^ March, 1417. v.^^'V^Sa* 
 
 LXVIII. Before we refume the Affairs which relate direftly to 
 the Council, wc muft take Notice of a Dilpute between the Difpnte be • 
 Princes of ^it-yar/'^, which then made a mighty Noile at Conjiance.^'"^^^'^^^^ 
 The two Brothers IViUiam and Erneft, Dukes o'i Ban: aria, and Ilef^n^avllia^^ 
 their Coufin German, had been arriv'd there fome Months (_), notr.^. H/jr^.T. 
 only to be prefent at the Council in Qiiality of Chriftian Bifhops, butlV, p. lizu 
 alio to lay their mutual Complaints belbre the P.mperor. They had 
 Specially very great ones to exhibit againft their Coulin German, Le^vh 
 oi Bavaria of Ingoljiad, Son to the late Y!i\:)kz Stephen (^), and Bro- 
 ther-in-law to Charles V^I. King of France, who had married Ifahcl 
 of Bavaria. Aventin (a) fpeaks of this Duke as a Piince^'*) ^^"'^■' 
 of boundlefs Ambition and Avarice, and whole Aillnity wich"*'-^"^'' ?■' 
 the King of France added to his natural Pride. He was come into "^' 
 Bavaria, enrich'd with the Spoils of France, where he had fifh'd in. 
 troubled Waters, during the Divifions which diftrafted that Kingdom. 
 Being puffd up with thele Advantages, he behav'd like a perfect 
 Tyrant, both to the Princes of his Family, and to his Neighbours,. 
 as has been already oblerv'd elfewhcre. The ftme Author lays, it 
 was this Lewis who lummon'd his Coufins Erncft, iVilliam and Henry, 
 to appear before the Emperor, pretending that he had been ill us'd 
 in the Partition of Bavaria > and that in particular, Henry de Landfiut 
 did not pay him the Yearly Penfion vvhich he was oblig'd to pay him. 
 nccording to their Shares. But 'lis more natural to adhere to the 
 Teftimony of IFindeck, the.Empci'or'.s privy Coiinlellor, who being-^,^^^^^ q. 
 preient at Confiance was Witnefs of the whole Scene. He reports the cxxi'x. 
 Faftthus: Henry oi Bavaria, furnam'd de Landfiut, having, in conjunc- 
 tion with his Coulins, exhibited Complaints againft Lc-ivis of Ingoljiad, 
 containd in Eighty-three Articles, Leivis vvou'd fain have declin'd 
 the Emperor's Tribunal, under Pretence that he had a Wife and 
 Children fettled in France ; but Sigifmond having caus'd his Excep- 
 tions to be cxamin'd in the College of the Princes of the Empire who 
 were at Conjiance, they were thereby declar'd null and void, and 
 Lewis was condemn'd to own the Emperor's Jurifdiftion. He defir'd^^ „« x - 
 Time which was granted him, and the 26th of Augujl was fixed iotvh uardt 
 
 T. IV, ' 
 
 (i) Omnibus vere fidelibus contritis Sc ci? pcenirentiis in Domino mifericorditcr^" ^^° 
 
 coiifcffis qui ante difto Barthohnnto pro lelaxamus. 
 
 fui neccflvtate relcvandi, pro nomine Jefu (2) 'Ernefl and WiHiam vere Sons to 
 
 Chiifti (vibvenerint & duxerint ceneroie ^ohn oi'Bavariit, and Wwry was the Son of 
 
 fubveniri dum dc Omnipotcntis Dei Mi- Frederuk v/hn dy'd in 1 ■^^2, Aventint Bo:t>r 
 
 rcricoidia& Bcatorum Petri &Pauli Apo- Ann. L. VII. p. ;63. 
 fiolorum meritis & interceffione, confifi (5) Stephen was Brother to Trederick 
 
 ^uadianima dies indulgcnuus de immeriti? and yohn. 
 
 his^
 
 ji'B The HiJIory of the Council of C o n s t a n c£. 
 
 1417. his Appearance, on which day, he appeared in an AfTembly of the 
 {^/"W^J States of the Empire, when Frederick EleQor of Brandenhourg^ in the 
 name of Henry his Brother- in-Lavv, renew'd the Complaints which 
 had already been exhibited againft Lewis. The latter alio defir'd 
 Time, which was with fbme difficulty granted him after he had 
 Avorn that he did not defire it with any dilatory View. The next 
 AH"?i 27. (Jay j-j^g Emperor reafl'embled the Princes, and the '^\z^Qi q'i Branden- 
 bonrg repeated his Complaints •, Lcivis defu-'d a few days longer for the 
 third Time, which was granted him on condition that he wou'd 
 fwear as he had done before, that his Intention was fincere. He 
 confented to take this Oath, and chofe even to do it in halte without 
 flaying for the Emperor's Order. But in taking the Oath he let fall 
 fome difrefpeftful Words, and kilsd his Hand abruptly, as if he had 
 a defign to retraft what he had fworn. Thereupon the Eleftor of 
 ^r^«i^K^o«r^ demanded of the Princes, whether Leivis by this Proceed- 
 ing had not forfeited any Title to longer Time, which being unani- 
 moufly agreed to by the Princes, Leivls was condemn'd to anfwer upon 
 the Spot •, but inftead of fo doing, he demanded in a Paflion, whether 
 it wou'd not be as convenient to make the Judges f^'ear, that they 
 wou'd judge with Equity. The Emperor was provoked at this Al- 
 furance of his. I knovo, fays he, that the Judges havejud^djiijily^ and 
 I don't remember that ever a Judge ivas put to bis Oath to decree Ju- 
 Jlice. Whereupon the Archbiiliop of Riga- faid to Lewis, that if he 
 was a temporal Bifhop, he wou'd retort the Affront, othervvile than 
 by Words. As their Tempers grew warm, the Princes thought fit 
 to deter this Affair till another Time. Till it comes again upon the 
 Carpet, we will fee how it went with the Eleftion of the Pope, and 
 the Reformation of the Church. 
 APlacecliofe "LXIX- NoT many days after BenediEl vi?^s depos'd, they thought 
 for the Con- of preparing a Place for the Meeting of the Conclave, and ibr this 
 /w' T vv ^"*^ ^^^y chofe the Merchants Publick Houfe, commonly calfd the 
 J'\-W, 'Exchange. Though they feem'd a Httle too hafty in the Choice of a 
 Place for the eleding of a Pope •, yet the Emperor did not oppole it, 
 becauft he imagin'd that before the Place was got ready the Affair of 
 the Reformation wou'd be fettled. He liad already fome days before 
 given Licenfe for Publick Devotions for the happy Siiccefs of the 
 Election, which, as has been before obferv'd, formed a Plea in favour 
 of the Pretenfion of the Cardinals and their Adherents. It muft be 
 own'd, that herein Sigifmond afted more like a Great Prince, who 
 thought himfelf above all Formalities, than like a Politician, who, in 
 an Affair which was difputed with fo much Heat as this was, ought 
 *^f°")["'?Y°" "^t to have given the oppofite Party the leafl Advantage. 
 vinc7upon LXX. We find in the MSS. dt Leipfick, and in the Anecdotes, io 
 that Atfair. ofcen quotcd, a Theological Confiilcation upon the Union, the Refor- 
 mation
 
 The Hi/lory of the Council <?/ Constance. 119 
 
 macion of the Church, and the Afelhod of proceeding in the Eleiiion 141-. 
 
 of a new Pope, which may be capable of giving llich Lights into thole L/'V'^J 
 
 Ditputes as wc cannot eceive from the other Aft?. This Piece, 
 
 ^\hich is too curious to be omitted here, is divided into three Parts. 
 
 In the iirft, there are twelve Doubts propoled to the Divines for 
 
 their Solution. In the lecond, the Divines anfvver by three ConcJu- 
 
 lions, which are in Favour of the Memorial that the Cardinals had 
 
 prelented in concert with the Italians^ Irench and Spaniards. In the 
 
 third, there's an Anfwer to the ()bje£lions of the Germans and Englif,:^ 
 
 at the Head of whom was the Emperor. J-Iowevcr, the two Parties 
 
 are no otherwife mention'd in the Memorial, tlian as follows. 
 
 THE FIRST PART. 
 
 The Memorial begins thus. In order to obviate the many Errors 
 
 muhichfeem to arife at prefent upon the Point of the Union of the Church.^ 
 
 the Opinion and Confultation of the Divines is demanded concerning the 
 
 ■ foUoiving Doubts inhich favour of the erroneous Sentiments of John 
 
 Hus. 
 
 I. Tis demanded, if it be not an Error and an Injury, and if it 
 has not a Tendency to difturb the Peace and Tranquillity of the la- 
 cred Council, to lay, that the OlTer which was made by the Cardi- 
 nals, and accepted by the Nations (1), is erroneous, dangerous to the 
 Church, and Icandalous. z. If it dees not incur a Suipicion of ob- 
 ftruding the Union, and keeping up the Schilm, when this Offer 
 is rejected, without propofing better Methods, and when People, in- 
 ftead of conferring with others upon the Matter, feek Delays in a 
 Subjeft where Diligence is lb neceilary. ;. If it has not a Tendency 
 to take away the Liberty of the Council, and, if it does not give 
 Ground to apprehend Ibme Violence, to caufe the Secular Power to 
 intervene (2) for hindering the other Nations from taking this Offer 
 into Coniideration, and from giving their Anfwers. 4. If it be not 
 againft the Divine Law, that is to fay, againrt the Order of Jefus 
 Chrift-, who has eftablilh'd St. Peter for his SuccelTor and Vicar, to 
 Hiy, that when the ApoflroHcat See is vacant every where (apnd o>nncs 
 Nationes) 'tis not neceilary to eleil a Sovereign Pontilf, according to the 
 Canons ( ), and that the Church may remain a long while, and even 
 to a determinate Time, without the Apoftolical Head (4), and with-- 
 
 (i) Ver 710s Nittitwes. Tliefe avc the wheieas the others underftood the Ciii 
 
 Italiani, French and Spaniards. Canon Law. 
 
 (2) This means tlic Emperor. See a- (4) Hcreis an Allufion toCtr/wj'sTraft, 
 hove in this Vol p. S5- Be Anferihilitate Pap£. As to which, ftc 
 
 (3) Canonicas Sa< atones. Here is an rhe Hifitry of the Council of Vi fit, p. 5c 5, 
 equivocal Exprcflion. By the Canons, 308. 
 
 thelc underltootl the Nfw Canon Law ; 
 
 out
 
 120 The Hijiory of the Council <?/ C d n s t a n c e.' 
 
 1417. out fettling the Manner and Form of the future Eleftion canonicaIl5'. 
 5 . Whether liich a Propofition is not to be fufpefted of Herely (pravitatis 
 Haretiaey) and in particular of the Herefy oijchn Hus^ condemn'd by this 
 facred Council, becaule that Arch-heretick maintain'd that the Church 
 might be better govern'd without a Pope (1). 6. Whether it be an 
 Error that favours 01 Herefy, and is injurious to the Council, to fay 
 that the Decrees, Capitulations (Capitula) and Oaths of the Council, 
 righdy underrtood, may be contrary to the Divine Law, or to the 
 Inltitution, or Order, which Jefus Chrift gave to fubftitute a Vicar 
 for him (2). 7. Whether the faying, that not only the Eleftionofa 
 Sovereign Pontiff, but alfo the Meafures, as to the Time and Man- 
 ner of that Election, ought to be defer'd till the Head is reformed, 
 that is to fay, the Pope, the Cardinals, and the Court of Rome, be- 
 caule fuch Reformation cannot be if tiie Pope prefides there ^ and whe- 
 ther the labouring effedlually for thole Delays is not an Error chat fa- 
 vours of the Herefy of John Hus. 8. Whether it be an Error to lay, 
 that the Meafiires taken canonically, for the future Election, is not the 
 firfi and principal Affair of the Council, and that which ought to pre- 
 cede all the others ; and whether to fay the contrary be not an Error 
 which difturbs the Order chat ought to be obferv'd in the Reforma- 
 tion, becaufe the Deformity, which the Church labours under in being 
 without a Head, being very dangerous, an Eleft ion mutl begin the Refor- 
 mation, p. Whether it be not an Error contrary to boms mores Ec- 
 defiaflicos^ to fay, that 'tis not fo inconvenient to lei the Church re- 
 main without a tiead, as to give it a Head without a Reformation. 
 10. Whether it is not a Herefy of the very fame Scamp with that of 
 John Hus, to fay, that the Roman Pontiff', or the Catholick Cliurch, 
 cannot be truly reform'd, but by depriving it of the Temporal Re- 
 venues with which Princes have endow'd it to Superfluity. 1 1. Whe- 
 ther the caufing the Temporal Power to intervene for the Exercife of 
 A£ls of Violence, and for employing the Secular Arm againft certain 
 Ecclefiaflical Perfbns of this Council, without Authority, and without 
 a Decree for the Purpole, or under Pretence that fiich Ecclefiafticks 
 arc Difturbers of the Council ■■, whether, I fay, fuch Counlels, and 
 ilich Conduft, do not render the Authors thereof liable to the Pe- 
 nalties by Law decreed againft thole who violate the Ecclc- 
 fiaftical Liberty, Penalties which have been confirm'd and rcnew'd in 
 this Council. 1 2. Whether they, who pretend and affirm, that the 
 
 (1) ^fcuHw/ only faid, that the Church Coticilii Decret/t, Ciphula, vel yuramer.ta 
 would be better govern'd without fuch fane inttUeBa^ pojjint cb/fare frdfato yuri 
 Popes as were at that Time. dhitio feu Ortlinationi Chrtfii de fuhfiituer.do 
 
 (2) As this Article is very ambiguous, (ibi f'iciirio, & utrtim lee dicere fit errontum 
 and perhaps faulty, I will here infcrt it in & fafiets h*r'ftm & huic Ctmlio tvjurio- 
 the Latin ; Vttum qmnitumque hujufmodi fum. 
 
 i King
 
 The Hiftory of the Council ^/Constance." i j i 
 
 King of the Romans, by virtue of the Dignity, or under any pre- 1417. 
 
 tended Title, as Confervator of the Council and its Decrees, may exer- 
 
 fife any Jurifdiaion over the Clergy ; whether thofe People do not err 
 
 in Manners and in Law \ whether they ought not to pafs for Favourers 
 
 of the Schifm, Difturbers of the Council, Violators of the Eccleliaf- 
 
 tical Liberties j and whether as fuch they do not incur the Penalties 
 
 of the Law, to their own Condemnation. 
 
 THE SECOND PART. 
 
 The chief Arguments upon which the Dolors found thefe Con- 
 clufions, are, i . That of all the Abufes to be reform'd in the Church, 
 there is none greater than that of having no Pope, Specially confidering 
 for how long Space of Time it has been deftitute of one, by means of 
 the Schifm ^ which, according to them, renders thofe that have a 
 mind to retard the Elefliion of a Pope, and to put it off till after the 
 Reformation, very much fufpeitcd of HuJJitifin, and of a Defign to 
 Jicep up the old Schifm, or to form a new one. :. And this is the 
 more to be fear'd, bccaufe, if the Council fhould leparate before the 
 EleO:ion of a Pope, it will be very difficult to alTenibie another, which 
 however would be neceflary, becaufe the Rights of the Cardinals to 
 chufe a Pope have been fufpended. 3. That, in the mean time, there 
 is all the Appearance in the World, that the Separation of the Council 
 will become unavoidable. E'-jery body, lay they, is quite tir'd out by 
 their long Stay, but efpecially the City of Conftance, and its Neighbour- 
 hood. Moreo-ver the Phyficians give out, that the Air has an extraordi- 
 nary DifpofitioH to be pejlilential. "the Animofity and Divifions •which 
 have happen d between the King of the Romans and fame Nations, as 
 well as between the Ambajfadors of a certain Kingdom and fome Princes^ 
 give Ground alfo for apprehending a, fpeedy Rupture. In Jhort, the Pre- 
 iates are wanted at their Sees, by reafon of the Wars and Majfacres 
 which are committed in many Parts thereof (i). 4. Unlefs a Pope be 
 chofen, there's no Reafon to cxpefl: that the Reformation will take 
 Place in the Council ; becaufe two Years ago, when the Council was 
 more united than 'tis now, they could not agree upon one fingle Arti- 
 cle, viz, the Eftablilhment of the Popes and Cardinals. 
 
 THE THIRD PART. 
 
 This contains an Anfwer to the Objeflions of the other Party 
 Thefirft is, that if a Pope be chofen before the Reformation, he will 
 pot fail to hinder it. This Alternative is propofed by way of An° 
 
 (i) This chiefly relates to Mn^ary, and the Dominions of the Duke oi Aufirja. 
 Vol. IL Q. Iwer.
 
 12 2 The Hijiory of the Council of Constance. 
 
 1 41 7. fwer. Either the Reformation may be made canonicalJy, in the Ab- 
 s^/'-'V"^^ fence, and without the Conlenc of the Pope, or it cannot. If it may 
 be made without his Conlent, 'tis abfurd to fay that he would hinder 
 it, becaufe it would not be in his Power even to prevent his being de- 
 poled. If it cannot be made without his Preience and Confent, 'tis 
 the fame thing not to call him when he is created, or not to ftay till 
 one is elefted, becaufe either Way the Reformation will be null and 
 void. The lecond Objeftion is, that while fome are ftriving to make 
 their court to him, and others are afraid to dilbblige him, there 
 would be no Liberty. 'Tis anfwer'd that this is an injurious Suppo- 
 fition, and that People, who are capable of fo much Weaknefs and 
 Partiality, are not fit to be employ'd in the Reformation. The third 
 Objeflion is, that when once a Pope was chofen, every one would be for 
 going home, as was the Cafe at the Council of Pifa. 'Tis anfwer'd, 
 
 * That this Objeftion makes againft thofe who lb mightily prels for the 
 
 * Reformation, becaufe, if they defire it with fo much Zeal, they 
 
 * will ftay till 'tis finifh'd ^ befides, that the Council may as well hinder 
 
 * the withdrawing of the Prelates, after the Election of a Pope, as 
 
 * before. As to the Council of Pifa^ 'tis affirm'd, that if the Refor- 
 
 * mation was not compleated there, it was neither the Fault of the 
 
 * Pope nor the Cardinals, and that it was refolv'd by the whole 
 («) MatUn. * Council to put it off («).' 
 
 Anted. T. II. • 
 
 g. 1684, fcpc. Qj^g ^jjjj-.j. j^gjp obferving that there is a great deal of Folly and 
 Malice in this Writing. The Publilhers of it knew very well, that 
 neither Sigifmondj nor the Germans, nor the EngUfi-y were Huffites, 
 becaule they were the moft zealous for profecuting and punifhing John 
 Hus. And if they thought that the Emperor, the Germans, and the 
 EngUjI), were of the fame Sentiments with John Hus, as to the Pope 
 and the Church of Rome, was not this accufing the Council of the 
 highefl: Injuftice, for having fb cruelly put to Death that Bohemian 
 Doftor, for Opinions which he held in common with the greateft 
 and moft confiderable Part of his Judges? Befides, what could this 
 Clamour againft the Emperor and the two Nations tend to, but to 
 the Separation of the Council for avoiding the Reformation, and to 
 tell all the World that it were better to relapfe again into the Schifm, 
 or to have a Church without a Head, than to have a Head well re- 
 form'd, in whole Steps they Ihould be obliged to tread ? 
 
 Mean time, the Emperor bore thele Affronts with a Patience uncom- 
 mon for a Prince of fo great Authority : Which 'Tbeodoric de Niem^ 
 in his Life of John XXIII, exprefles in thele Terms. * Several im- 
 
 * portant Realons are urg'd here, fays he, why the King of the Ro' 
 
 * mans did not return direflly to Conjiance with his Ambafladors. 
 f The Italians at the Council lay, that this Prince does not aft lincerely.
 
 The Hifiory of the Council <?/ C o n s t a n c e . 125 
 
 * and that all his Delays are only to put off the Eleflion of a Pope, 141 7. 
 
 * becaufc he would liave one in his own Intereft. They Jiave alio v./'^v^^ 
 
 * propagated defamatory Libels againft him in many Places. Though 
 
 * the Emperor is not ignorant of thefe Tricks, he bears every thing 
 
 * with a world of Patience {a). (a) y. A. h.w. 
 
 LXXI. A fad Accident happcn'd at tJiis Time with regard to the^- ^ P- ?27- 
 Emperor's good Intentions concerning the Reformation. I'his was the B;SoDof 5I- 
 Death of Robert Halam BiJhop of Salisbury. This Englijh Prelate lishmy. 
 had been, as it were, the Emperor's Rigiit Hand in the Prolecution ^. d. tiardt, 
 of this great Work. He formerly fignahz'd his Zeal in this Affair T-^^- P- 
 immediately before the Council of Pifa : Eor it was he that put '*^^^„ 
 Jiichard d'UUerfton, Divinity Profeffor at Oxford, upon compofing a 
 ^Vork, cntituled, ^tcftions concerning the Reformation of the Church 
 Militant ; which M. Fon der Ilardt cauled to be printed from a MS. ^'. d. Hardt^ 
 at Cambridge, communicated by the famous Dr. Burnet, who was one ^- ^^- P 
 of the moft worthy Succeffors of Robert Halam in the See of Sarum, ^'"^' 
 as well as in his Z-eal for the Reformation of the Church. Robert 
 Halam went to Pifa (1) with this Piece in his Hand, which contained 
 a very fair Plan for the Reformation, and which we ihali have an Op- 
 portunity to Ipeak of hereafter. He went with the iame Spirit to 
 Confiance, where he appeared with great Splendor. It was lie that 
 accompany'd the Emperor in the Viiit he made to John XXIII. the 
 Night before his Elcape, and who actually talk'd to the Pope with 
 fuch Strength of Argument and Boldnefs, as difconcerted all hisMca- 
 fures. The latter complain'd of this bitterly, as has been already ob- 
 ferv'd. In an Affembly, wherein the Archbiffiop oi' Mentz was very 
 hot in fivour of John XXIII, Halam \k\6. aloud. That Pope dcferi-ed to schcftrjlt.&i 
 be burnt alive. As long as Halam liv'd, the Engliflo ftrenuoufly leconded Oefi. p. 26S. 
 the Emperor in the Defign of the Reformation ; but, after his Death, 
 they fteer'd another Courfe. Mean time, I am furpris'd that the 
 Afts of the Council of Confiance, which often fpeak o'i Robert Halam, 
 by the Title of Archbifwp of Salisbury (2), don't give him the Title 
 of Cardinal, becaule 'tis beftow'd upon him by Hcmy Wharton, 
 Chaplain to the Archbi/hop of Canterbury, and by Onuphrius, who 
 fays, that John XXIII. made him Cardinal Prieft in 141 1. Robert 
 Halam died at Gotlebcn the 4th of September, and next Day his Corpfe 
 was carry'd to Confiance to be there interr'd-, which it was, with So- 
 lemnity, on the 13 th, in the Cathedral Church j the Emperor, the 
 
 {i) See TJ^e nljlof)' ef the Council of Pifa, founded with S,ihzbourg, which is an 
 Part I. p. 269. Part II. p. 59. Archbifhoprick in B/rv.iri/t. Cave's App. 
 
 (2) Here Saliibury is probably con- p. 59. Onupb. Pont, Max. p. 270. 
 
 Q^a Princes, 
 
 >
 
 124 
 
 I4I7- 
 
 TheEleaion 
 of a Pope is 
 preCs'd tor. 
 
 Sep. 9. 
 r. (f Hardt, 
 T. IV. p. 
 
 14^5- , 
 Schelfi. uh 
 
 /"P Pii5- 
 V. d. Hardt, 
 T IV. p. 
 
 The Hilary of the Council of Co n s t an c e." 
 
 Princes, the Cardinals, all the Clergy, and a great Multitude ofPea* 
 pie, attending his Funeral Obfequies (1). 
 
 LXXI. In a few Days after, the Nations being aflembled in the 
 Cathedral, the Affairs of the Election and the Reformation were de- 
 bated, with great Heat, on both Sides, The Cardinals, in Conjunc- 
 tion with the Italians^ the French., and the Spaniards, did then pre- 
 fent a Memorial, or rather a Proteltation, wherein they complain'd, in 
 very lamentable Terms, of the Delay that was ufed in the ElecHon 
 of a Pope, The Proteft begins thus : * Hear, O ye People ! and ye 
 Inhabitants of the Earth, lend an Ear I May the CathoUck Church be 
 attentive, &c. They therein fet forth, that for three Months pafi: 
 the Germans have refufed to anfwer the Propofitions that have been 
 made to them by the Cardinals, in concert wkhthz Italians, French 
 and Spaniards, touching the Eleftion of a Pope. That 'tis very 
 much to be apprehended that this Delay will plunge the Church agaia 
 into a more incurable Schifm than the other, becaufe the Clergy 
 and Laity of feme Kingdoms and Provinces don't yet adhere very 
 clearly to the Council, in Expedation of the Event of the Election 
 of a Pope, in order to obey him, if he be canonically elected ^ and if 
 not, to refufe him Obedience. That even the Obedience of feveral 
 who have hitherto adher'd to the Council, begins to flagger, by 
 realbn of the Divifions there are in the Council, and by realbn of 
 the Violence with which they hear Things are carry'd there. That 
 it may indeed happen, that during thefe Difputes a Pope may be 
 elected at Rome, who may be acknowledged by all Italy, becaule, 
 fince John XXIII. was depofed, that Capital, and all the Patrimony 
 of the Church, has been abandon'd to Plunder. That the Cardinals, 
 and the three Nations, who make this Protefl: v^ith them, have as 
 much Zeal as the Germans for the Reformation of the Church, be- 
 caufe they have alfo nam'd their Deputies, who aftually labour for 
 that Endj but that they don't think this Reformation ough? to be 
 made before the Eleftion of a Pope, becaule the greateft Deformity 
 that can happen in the Church is to have no Head ; and that be- 
 fides, this Order of placing the Reformation before the Eleftion, is 
 contrary to the Decrees of the Council, and to the Narbonne Capi- 
 tulation, wherein the Union of the Church is always ftt be ore its 
 Reformation. That 'tis to no Purpole to fay, that the Emperor, 
 and feveral Cardinals and Prelates, are of the fame Opinion as the 
 
 (1^ In Mr. S.ymer's Tceiera, T. IX. 
 p. 487, there's a Letter from theCirdinal 
 of Vrfint to Henry V ; by which he de~ 
 iires that Prince to tranflate John Bifliop 
 til LJtch^eld to- the See of .S^rxw, vacant 
 
 by the Death of Koheri. 'Tis dated Sept. 
 5, 1417- It appears by this Letter, that 
 the College of Cardinals h id alfo wrote 
 to the King o( England upon the fame 
 Head. 
 
 Germaa.
 
 The Hijiory of the Council ^j/Constakce. 12$ 
 
 * German Nation in this Affair, becaufe the Emperor has nothing to 14 17, 
 
 ' do in thele Matters. That, when all is faid and done, thofe of the w-V^v 
 
 * other Nations who adhere to the German Nation in this Point, only 
 
 * do it in Complailance to the Emperor, who will have them to be of 
 
 * his Party \ and that even of this Number there are very few, be- 
 
 * caufe out of twenty four Cardinals there are but two, and thele 
 
 * tliink they don't do themfelves very much Honour by thus breaking 
 ' oft" from their College. 
 
 LXXII. The Emperor was fo provok'd at this Proteft, that. The Ein- 
 without flaying till it was quite read out, he left the Afiembly abrupt- peror is in- 
 ly, with the Patriarch of Antioch and feme others j upon which, a loud '^'^"'''^^ ^^ ^^^. 
 Cry was made that the Hereticks were ivithdrawing. It may naturally be the'^r " j^' f: 
 imagin'd, that this Expreflion did not tend to pacify the Emperor, who v. d. H^rJt "' 
 thereby found himfelf charged with Herefy, as well as thofe that at-T IV. p.* 
 tended him. But that was the Language then. To refute what the '4^ J- 
 Cardinals defir'd, was enough to make a Man a Heretick. TJiis was ^'H'-^"- ^' 
 not the only Clamour that happen'd on that Day. The Ambafladors ' 
 of Cajlillgy with whom thofe oi /irragon had difputed about Preceden- 
 cy, took- a Handle from this laft Divifion, to retire from Conflance. 
 But the Emperor fent Perfons after them, who hinder'd them from 
 proceeding in their Journey ; ^o that they were obliged to return to 
 Conflance, afham'd of having made fuch a Stir for nothing. On ths 
 other hand, the Cardinals alfo caball'd together in order to be gone, 
 upon fecret Intelligence that was given them that the Emperor would 
 alio compel them to ftay. Schelflrate affirms, upon the Authority of 
 the Vatican MSS. that they had not fo much as a Thought of 
 it j but Dacher, who was prefent, fays, that they really intended itj 
 becaule they were afraid of the Emperor's Relentment. 'Tis very 
 certain, that he fent them a Prohibition next Day, to aflemble, as- 
 they did before, in the Cathedral, and the Epifcopal Palace. This sept. 10. 
 Violence obliged them to apply to the Elector of Brandenhourg, and^ </. Hardi^ 
 to the Magiftrates of Conflance , for Safe-Condu£ls, that they might T- ^- p- 
 be able to retire with Safety. But the Eleftor managed it fo by'*"^" 
 his Prudence, and by his Negociations with leveral Prelates, that the- 
 Cardinals ftay'd at the Council. 
 
 LXXIII. Mean time, the Emperor's Steadfaftnefs redoubled thelrThe Cardi- 
 obftinate Zeal for the Choice of a Pope before the Reformation of the "alsinfift up- 
 Church. The Cardinals met next Day with the Italians, French and °" ^'^^ ^f^^^'^" 
 Spaniards, to read out the Proteftation, which was begun to be read °P^' 
 the laft time, but was interrupted by the Emperor's withdrawing. ^"^'' "'~ 
 There was more Heat and Animofity in this Affembly than had yec 
 been known in any other. And fome fay, that it adhiaily coft the 
 Cardinal of Florence his Life •, for that he put himfelf into fuch a- 
 Heat to fupport the €aul€ of his Coliegues, that he went home from 
 
 ths
 
 126 
 
 1417. 
 
 A Memoiiiil 
 of the Ger- 
 tnani, to lia- 
 ftcn the Re- 
 formation, 
 jSep. 13. 
 
 The Hijlory of the Council c/ C b n s t a n c e; 
 
 the Aflembly fick of that Diflemper, which about a Month afterwards 
 carry 'd him oE Schelftrate reports, that the Emperor, perceiving the 
 Obftinacy of the Cardinals, had relblv'd to put them all under Arreft ^ 
 but that however he confin'd his Relblution to Six only. Moreover, 
 he had a Defign to banifh Eight of the Prelates to ditferent Places. 
 Thefe violent Meafures of the Emperor were doubtlcfs a manifcft In- 
 fringement of the Immunities granted to the Clergy by his Predecel- 
 IbrSj and confirm'd by the Council : But probably he judg'd that fo 
 deJpcrate an Evil requir'd defperate Remedies. The Afts don't fay 
 whether he executed this Relblution : But whether he did or no, the 
 Cardinals remain'd inflexible, and there were leveral French and 
 Italian. Prelates who aftually broke off from the Emperor -^ as parti- 
 cularly the Cardinals o'i Sienna^ and Bologna^ the Patriarch o^ Jnt'wch^ 
 the Archbifliop of Milan, and the Bifliop of jiirij who till then had 
 been of Opinion that the Reformation fhou'd go before the Eleftion. 
 The EngUJIj alio loon after deferted hiai, and joyn'd at laft to the 
 Cardinals as was juft how oblerv'd. 
 
 LXXIV. There was Icarce any Prolpe£t now of the Germans 
 being able to ftand their Ground any longer againft all the other 
 Nations. Neverthelefs they prefented a Memorial to the Council, 
 as well to juftify themfelves from the Acculation of their favouring 
 the irickliffites, and keeping up the Schifin, as to iliew that they 
 were too hafty in preffing for the Election of a Pope. In this Memo- 
 rial (i), the German Nation is ftifd at the beginning (;), devout, pa- 
 tient, and humble. Afterwards it boafts the Advantages it has above 
 other Nations by fetting forth, that, befides the Honour it has of 
 having an Emperor at its Head, it contains (;?) Eight conllderable 
 Kingdoms, exclufive of Duchies, Marquifates, Principalities, and Earl- 
 doms in a great Number. Then the Germans enter into the main 
 Matter, and reprefent that though they were very much concern'd 
 at the Charge of Herefy exhibited againft them, yet they rather chole 
 to bear it than to repel it to the Prejudice of the Peace, and that the 
 Cardinals Eagernefs for the Eleftion of a Pope, carries a more fufpi- 
 cious Afpcd than the cautious Delays of the German Nation. That 
 after all, the Vacancy of the Apollolical See is not of fiich dangerous 
 conlequence as fome wcu'd have it believ'd, while there is a Council 
 aOembled that fupplies the place of the Head of the Church. That, 
 if during two Years which the Council had been without a Pope, even 
 at a Time when all the Nations were not yet united, the Bulinefs of 
 the Ele£lion was not once debated, they might very well, without any 
 
 (i) This Memorial was found in MS. 
 in the Royal Library at Berlin. 
 
 (2) Devotam, patieiitem, humilem Ka- 
 
 iloHem Cermanicam. V. d. Ilardt T. IV- 
 p, 1419. 
 (5) 05" mJy^t^ Regaa. 
 
 hazard.
 
 The Hijiory of the Council of C o K s ta n c e^ 127 
 
 hazard, defer the decifion ofitfor alonger Time. That there was aftnal 1417, 
 Danger in precipitating this Eleilion, becaule in order to attain to a L/'W\J> 
 Good Union, the Emperor and the Germans thought it was ablbhitely 
 neceflary to reform the Church in its Head and Members. That the 
 former Schifm being only owing to the Corruption of the Clergy, in 
 order to prevent the like Calamities hereafter, it was of Importance 
 to labour for fuch a good Reformation as may be the Bafis and 
 Foundation for the Eleftion of a future Pope. That Jefus Chrift, be- 
 fore he committed the Government of the Church to St. Peter, pre- 
 fcribed Rules to him for a Holy Reformation, and that St. Peter 
 himlelf began the Funftion of his Office by Repentance for his Sins 
 and by the Eftablifhment of his Brethren, in Faith and Piety. That 
 for near Twelve Hundred Years (i), the Church had been governed by 
 thele lacred Maxims. The Popes confined themfelves to their Juril- 
 diftlon, content with flich Gratuities as were beftow'd upon them 
 by the Chriftian Emperors and Princes. That for about a hundred 
 and Fifty Years, the Church had been laid wafte by the Avarice, Am- 
 bition and Senfuality of fome Popes and their Afftflbrs ; who, for the 
 Support of their Vanity, abandon'd the Care of gaining Souls to 
 God, for the fake of heaping up Money by all Afts of Injuftice and 
 Violence. That from thence came Refervations, Commendams, Colla- 
 tions to Benefices contrary to the Canons of the Church, Reverfions, 
 Antedating?, and Annates extorted during the Vacancy of Benefices. 
 That the Popes have affum'd to themfelves the Judgment of all Cau- 
 ses whatfbever, both Ecclefiaflical and Civil. That they prolong 
 Caufes by affeOied Delays, to the great Prejudice of the Publick, and 
 of private Perfbns. That by a horrid Abufe, even more fcandalous. 
 than Simony, they have tax'd and rated Crimes like Merchandife^ 
 felling Pardons of Sins for ready Money, and granting Indulgencies 
 altogether unufual ^ That from the fame Principle of Avarice, they ad- 
 mit Vagabonds and Perfons of ill Manners to Sacred Orders, and that 
 fince Offices were thus become faleable, no body thought Knowledge 
 and Virtue any longer to be neceifary Qiialifications. That the Aca- 
 demies, Churches and Monafteries were falling to Ruin j and the 
 whole Ecclefiaftical State was held in fo much Contempt by the Lai- 
 ty, that feveral look'd upon it rather as the Clergy of yfntichrifi, than 
 as the Heritage of Jefus Chrift. To all thefe Confiderations they add, 
 that tho' the Council of Pifa promis'd and fwore to reform the Churchj, 
 inftead of any Reformation being made in it, things were grown lb 
 much worfe, that it was impoflible, with a lafe Conlcience, to bear any 
 
 (i)If we date the Papal Tyranny no been Twelve Hundred Years in this 
 &rther than from Gregory VII, who was pretended State of Integrity. 
 efeScdin 1073, t'^* Church Kvou'd not have 
 
 2 longer
 
 ^i 28 . T/:v H'tjiory of the Council ^/Constance; 
 
 J417. longer with fuch enormous Iniquities, fuch abominable Crimes, and 
 v'J«0^"v- Diforders more fcandalous than the Schifm which they had juft put 
 ■an end to. That there was no other Remedy for this Evil, than to 
 labour for the Reformation of the Church before they gave it a Pope; 
 to the end that both the ^■leaors, and the Perfbn elei-led, might be 
 bound by the Laws of the laid Reformation (t). That while they 
 are debating about giving a Head to the Church, 'tis necefTary, it 
 iliou'd be touch'd with very clean Hands, and that be the Prelate 
 .who is elected ever fo holy, he will infallibly be defil'd in the midft 
 of lb much Ordure if it ftill remains. That he cou'd only grope in the 
 dark, having neither Rule nor Light to conduct him ^ whereas the 
 Laws of a good Reformation wou'd ftrve him as a Buckler and Ram- 
 part againft all manner of unjuft and impertinent Demands. The 
 German Nation concludes, by ilimmoning the Cardinals in the name 
 of God, to join with it in their Endeavours for this Reformation, to 
 the end that it may be agreed upon in a publick Seffion before they pro- 
 ceed to the Election of a Pope. In cafe that the Cardinals obftinate- 
 ly rejeft fuch realbnable Propofitions, the Germans proteft their own 
 Innocence, and relerve to themlelves the Right of notifying fuchRefufal 
 to all Kings, Princes, Prelates, and to all Chriftendom, as well as to 
 implore their Afliftance for remedying fb great an Evil. 
 ThtGerm/tm L/XXV. THOUGH one wou'd think nothing cou'd be more juft 
 abandon the and better concerted than this Memorial of the German Nation, fo far 
 Emperor. j^y^g it from having a good Effefl-, that it only lerv'd on the con- 
 trary, to roufe the Zeal of the Cardinals to ftrengthen their Party. 
 After having gain'd the EngVtJh, they found means to engage in their 
 Jnterefls two Prelates who had all along been very much attach'd to 
 the Emperor, and who befides had a very great Afcendant over him. 
 This was John de Wallcnrod Archbifhop of Riga^ and yohn Ahondi 
 Bi/hop of Coire. The former had great Qiiarrels with the Knights of 
 the 'feuionick Order, who incelfantly made him uneafy in the PoP- 
 feflfion of his Archbilhoprick which depended on that Order. He had 
 sJugiop ^v^" quitted the Habit and Marks of the Order, when at Paris with 
 the Emperor, as we are told by a Polijh Hiftorian, and the Knights 
 hid made great Complaints of it to the Council ; ibthat he cou'd not re- 
 turn to Riga without expofing himfelf to the Perfecution of the Knights. 
 
 (i) Adjicicns, fore falubrius & tolcrabi- ivhohjom and tolerable^ while the facrei 
 
 Iws, facro prxli dentG Concibo, Romanam Council prejtdes, for the cJjunh of Rome t» 
 
 pro certo tempore vacare Eclcfiam, quam he vacant for a while, than that tie Head 
 
 quod illotis manibiis, hoc eft, mcmbriscapiti tr Scull thereof fiou'd he joined t», or 
 
 vicinioribus, compaginctur ipfum caput, handled hy, univafj'd Hands, that is to fay ^ 
 
 aut cranium etiam contrefletur, & fpur- the Members that are mere near to the 
 
 citia manuum coinquinetur, vel iinguibus Head^ and that it fiou'd be contaminated 
 
 non prxcifis vulneretur. r d. Hardt, T. IV. iy the filth ef Ibe Hands, er wounded bj 
 
 f. 14^4. »'. «- Adding, that it will be more long trails. 
 
 In
 
 The Hijfory of the Council <?/ C o n s t a n c e. 129 
 
 In this Situation, the Cardinals gain'd him, by promifing him the 1417' 
 Bifhoprick of Liege, if he vvou'd conlcnt to the hleition of a Pope be- V./VX-/ 
 fore the Reformation of the Churcli. As to the Biflrop of Coire^ ^'f^- ^'^^ 
 who did not fland upon good Terms with Frederick of Auflria^ he 
 cou'd not fluit his Eyes againft the Profpeft of being put into Poffci- 
 fion of the Archbifhoprick of Riga, as foon as the Pope fliou'd be 
 ele£ted. Thefe two Prelates being gain'd, the reft of the German 
 Nation follow'd, and the Emperor, feeing himfelf abandon 'd by all Man- 
 kind, confented at laft to the Eleftion of a Pope, but with this ex-^-. ^ j^^^^ 
 prefs Condition, * That the Pope fliou'd labour for the Reformation T. IV. p.* 
 
 * of the Church immediately after his Eleftion, and even before his i4^7- Hso- 
 
 * Coronation : That he fhould aft for this Reformation in concert with 
 
 * the Council, and not leave Conflance till the Work is compleated, 
 
 * as the Cardinals had promis'd to the Archbilhop of Riga, and the 
 
 * Bifhop of Coire. 
 
 LXXVI. In a MS. CoIIe£lion of the Sermons prcach'd at the Sermon 
 Council, which was taken out of the Library at Erford, I find one '""^='""5 .t'^c 
 that was preach'd on the 19th o'i September, from thele Words. /Rejormanon, 
 therefore, the Prifoner of the Lord, befeech you that ye zvalk worthy of-Bphlr. i\ i; 
 the Vocation wheretvith ye arc called. The Preaclier, whole name isaccordin;; ro 
 not mention'd, makes his whole Dilcourle turn upon the Duties andtheVerfionot 
 faults of the Clergy. Among their Difordershe very much bewails ^'"'^■ 
 this, viz. That there was then nothing more common than to fee 
 Employments in the Church, fill'd not only with fuch Laymen as 
 were honeft People, but liich as were dilfolute, and who, by their 
 indecent Habits and Behaviour, appear'd to the Publick to be perfeft 
 Harlequins ; but he is altogether as angry with the marry 'd Clergy, 
 who, according to him, were at that Time alfo very common. He 
 thinks it a very impious Neglefl: in leveral Priefts, who make it a 
 Cuftom to caftrate the divine Offices, and to celebrate Mafs all alone 
 without having lb much as a Miniftcr Afllftant to reprelent die Peo- . 
 pie, and to anfwer Jmen according to the Canon Law. As to thofe 
 Clergy who perform the divine Office, adminifter the Sacraments, or 
 who do nothing but preach, while they are in a State of mortal Sin, 
 he fays Tilings of 'em at leafl: as fliarp as all that was fiiid by 
 John Has : For he fays, that there's no Authority in the World, not 
 even that of tlie Pope, which can command or permit a Clergyman in 
 that State to perform the Funftions of his Office : I'hat fiich a Cler- 
 gyman ought to refign his Benefices, and to undergo all manner of 
 Punifliment, rather than to ferve at the Altar, or to celebrate, 
 while he is in a State of mortal Sin (i). That every Superior, 
 
 (i) Nulla Potentia etiam fummi ]Pon- peccato mortali fcicntcr, in fuo Officio in 
 
 tificis, vcl cujufcumque akcrutrius hominis pcrfona Ecclefia; valeat vcl dcbeat miiiifliarc 
 
 fuper tcrram poteft difpenfarc vcl pisci- vel cclebrare. 
 per€ vcl cogere, q^uod quis cxiftcns in 
 
 Vol. II. R who
 
 r -o 1'be Hipry of the Council <?/ Constance. 
 
 1417. who tolerates it, fins mortally himfelf, and much more he that commands 
 
 L#^^V^%J it. Confidering the horrible State in which he reprefents the Clergy of 
 
 that Age, I leave the Publick to judge of the Conlequeaces that might 
 
 be inferred from this Principle of the Preacher, and return to the 
 
 Affairs of the Council. 
 
 There had been great Debates between the Ambafladors of ^r- 
 ragon^ Cajlilkj and Portugal, touching Precedence. The Nations ni"- 
 lembled on the 23d of September to determine them, to the end 
 that the Election of a Pope might be carry'd on peaceably. In order 
 to accommodate this Affair amicably, they appointed Five Bifliops, an 
 Abbat, and an Auditor of the Rota. The Afts do not fay how it 
 was determin'd. 
 n athof the I'XXVII. The Cardinals at this jiinflure loft one of their mofl 
 Cardinal of illuftrious CoUegues, viz. Francis de Zabarella, Cardinal de St. Cofmo, 
 ihrewe. and St. Damien, who was known and celebrated in the Council, by 
 Sept. 26. the Name of the Cardinal of Florence. We obferv^d, that not many 
 Days ago, he fell into liich a Pafllon in one of the Aflemblies, that 
 he went out very much indilpos'd, Poggius the Florentine, in a Fune- 
 ral Oration, which he made for this Cardinal in full Council, fays, that 
 Zabarella, finding himfelf not well in that Aflembly, faid aloud, that 
 the Speech which he then made was the laft he Ihou'd ever live to 
 make i that they might look upon it as his laft Will and Teftamentj 
 and that he was over joy 'd that he had facrific'd to the Peace of the 
 Church, a Life which he had devoted to it (i). 'Tis certain, that 
 he was a Prelate of Great Merit, with regard both to his Under- 
 ftanding and Manners •, and one of the beft Things that was ever done 
 by John XXIII, was to promote firft to the Epifcopacy, and then 
 to the Dignity of Cardinal, a Prelate who had the better Title to both 
 Dignities, becaule he never made Intereft for them. It was he that 
 with the famous Chryfolorus confirm'd the Emperor in his Choice of 
 the City of Conflance for the Meeting of the Council, and who pre- 
 vail'd on the Pope to come thither, though he was fo averfe to it. His 
 Panegyrift has unwarily mention'd a Faft which is not to his Credit, 
 liiz. that the Decrees agreed on by the Nations were by him cur- 
 tail'd in full Council, in the Fourth SeflJion, at the Sollicitation 
 of his CoUegues. However, he may be excus'd by fome Mifunder- 
 ftanding owing to the Heat and Confufion with which Things were 
 fometimes carry'd in thofe Aflemblies. Poggius the Florentine fays, 
 that if Zabarella had liv'd till the Eleftion of a Pope, the Conclave 
 wou'd have fix'd their Eyes upon him rather than any other, becaufe 
 
 (i)Poftremis verbis damans, earn Orati- let animam profundcre. Pogg. ap. V. i. 
 onem fuum fiiifle Tcftamentum, cum iefJc Harjt, T. I. Part IX, p. J44. 
 3ta comparaffcE ut in Unitate EcglcfiK vel'^ 
 
 every
 
 The Hijlory of the Council <?/ C o n s T a n c e. 13 [ 
 
 every body agreed, that there was not a Man who better defer v'd that 14 17. 
 Dignity, in all the facred College. He dy'd on Sunday the itt)x of L/S/'^NJ 
 September^ and was interr'd next Day with very great State in the 
 Choir of the Francifcans Church (1). The Emperor, the Princes^ 
 and all the Clergy attended his Funeral. A Fortnight after, his 
 Corpfe waslblemnly tranllated to Padua h\s native Country ; at which 
 time he w^s honour'd with a ftcond Funeral Oration. He wrote 
 leveral Treatifes upon the Scripture, the Canon Law, the Reformati- 
 on and Union of the Church. 'Tis faid, he had alfo written the Hi- 
 ftory of the Council oi Pi/a, and what pafs'd in his Time at the Council 
 o't Con[iance. 'Tis pity, that Piece Ihou'd be loft or bury'd in the 
 Duft of fome Library. 
 
 LXXVIII. There had not been a publick Seflion for above twos ESS ION 
 Months, by reafon of feveral Diiputes, as well about the Precedency of T h i r t V 
 the Nations, as about the Method of treating of the Reformation of^ 'f^'^"* 
 the Church, and the Ele£l:ion of a Pope. When their Sentimcnss were y "^'^ j^ardt 
 reconciled, the Council met to regulate certain Articles of the Refor- t. iv. p. 
 mation, which they thought proper to precede the Choice of a new 1432. 
 Pope. This was done in the Thirty Ninth Seflion, wherein it does 
 not appear, that the Emperor was prelent. The Cardinal of Ojiici 
 prefided at it, and John de Norrj, Archbifliop of Vienna^ celebrated 
 the Mafs (2). Some Decrees which had been agreed to by the Na- 
 tions, were then read. The firft, which relates to general Councils, 
 imports, * That the frequent holding of thele Councils being the beft 
 
 * way to fupprefs and prevent Schifms and Herefies, to correct Enor- 
 
 * mities, to reform Abuies, to maintain the Church in a flourilhing Con- 
 
 * dition, the Council ordains by this perpetual Decree, i. That hereafter 
 
 * general Councils ftall be held often ^ fb that after this, there fhall be 
 
 * one in five Tears j then one in (even \ and afterwards one every ten Years. 
 
 * 2. That the Pope, with the Approbation and Advice of the Council. 
 
 * or even the Council itfelf, when there is no Pope (3), flaall appoint 
 J fuch Affemblies a Month before the Separation of each Council, 
 
 (i) A Marble Tomb was ere fled for his many meritorious Services for the Uni- 
 
 him with a Cardinal's Hat upon it, and on of" the Catholicli Church, departed 
 
 this Epitaph. Anno Domini 14.1-;. 6 Kal. this Life at the General Council of Co»y?/TK<:« 
 
 Oftobr. Cotifianti* in Concilia Generali, to the great Grief of all that fnrviv'd him. 
 
 tRJKCISCUS ZABJRELLA, Patavus, Car- Some days after, a Cardinal, who is not 
 
 dinalii Florentinut, Vir tfoBiJfimus, poji nam'd, made an Ehgium alfo upon Za- 
 
 muUit ejus in Univtrfalit Bcclejla Vnionem harella, V. A. Hardt^ T. IV. p. HJI- 
 
 egregia Merita, ebijt fummo omnium cum (2) This Prelate was at the Council of 
 
 tneertre, i.e. In the Year of our Lord Pifa. He dy'd in 1458. 
 
 1417, on the tfth of the Calends of Oc- (j) Yel in ejus defeSu ipfum Concili- 
 
 toher, Trancis Zabarella of Padua, Cardi- ura. 
 nal of Florence, a moft learned Iilan, after 
 
 3 R 5? is- That
 
 132 The Hipry of the Council <?/ Co n I t a n c e.' 
 
 1417.' * l' That ill Cafes ofNeceffity, the Pope may, with the Advice of his 
 '^•S*'""*N-' * Brethren the Cardinals, Ihorten the Term fix'd for the Council; j 
 
 * but that it Jhall never be lawful for him to prorogue it, nor to alter 
 
 * the Place of it, without manifeft Neceffity \ as in cafe of a War, a 
 
 * Siege, a Plague, or the like. That in thefe Cafes, the Pope, with 
 
 * the Advice and Conlent of the Cardinals, may lubftitute another 
 
 * Place as near as may be to the firft, and in the lame Province, un- 
 
 * lefs there be fome Obftacle of the lame Nature throughout the whole 
 
 * Country j in which Cale, there wou'd be a NecefTity for chufing (bme 
 
 * other Place as near as may be to the laid Country and Nation. 
 
 * 4. That in cale they are oblig'd to fliorten the Term, or to change 
 
 * the Place, the Pope fhall folemnly notify it a Year beforehand ^ 
 
 * to the end, that no body may plead Ignorance in excufe for Abience.' 
 nicher. Jjifi. Richer^ a Doctor of the Sorbonne^ has made an important Remark 
 of the Coun- upon this Decree. He looks upon it with Realbn as a Proof of the 
 «I, L. m- Superiority of Councils over Popes, becaule it prefcribes to the Popes 
 ^' ^ '^' the Manner of aflembling Councils. Moreover, this Decree being call'd 
 
 s. perpetual EdiSt^ it cannot be laid that the Superiority of the Council 
 over the Pope, eftabliih'd by this Decree, relates only to the Times 
 of Schifm. 
 
 * The lecond Decree,which relates to the Precautions againft Schifms, 
 
 * orders, tliat if it happens that there are two or more pretending to 
 
 * be the lawful Popes, the Time for calling the Council fhall be fhorten'd 
 
 * to that Day Twelvemonth after the very Day of luch Competi- 
 
 * tion (i) \ though otherwile, there was not to be an Aflembly perhaps 
 
 * in Ibme Years ; and that the Prelates, and all other Perlbns of whom 
 ^ a Council ought to confift, fhall be oblig'd to go to it, without any o- 
 
 * ther Summons, on pain of being excommunicated, (^c. 7. That the 
 
 * Emperor, the Kings, and the other Princes, ihall repair thither, either 
 
 * in Perfon or by their Ambafladors, as much as if thsy were to ex- 
 
 * tinguilh a general Conflagration, and as they are from this time for- 
 
 * wards conjur'd by the Bowels of the Mercy of Jefus Chrifl:, in 
 
 * cafe fuch a Misfortune happen. 3. That as foon as any one of the 
 
 * Competitors fhall hear that any other Perfbn or Perfons take upon 
 
 * thern to be Popes, he fhall be oblig'd to give publick Notice for 
 
 * holding the Council on that Day Twelvemonth, at fuch a Place 
 
 * to be mention'd, to invite all the Princes and Prelates thither 
 
 * in the moft folemn Form, to repair thither himfelf, and not to leave 
 
 * the Council till the Affair is determin'd, on pain of incurring God's 
 ' everlafting Curfe, and of being aftually depriv'd of all Right to the 
 I Pontificate, and every other Dignity. 4. That not one of the Compe- 
 
 (1) Intelligatut ipfo pre terminus Concilii tuBc forte ultra annum pendens, ad Ar- 
 jBDin proximum bieviatus. 
 
 I titorf
 
 Tht H'tfiory of the Council <?/ C o n s t a n c b." 135 
 
 titori fhall prefide in the Council as Pope. That even, as Ibon as 141 7. 
 the Council is lat down they fhall be fafpended from all Ad- iy>/~\J 
 miniftration till the Affair is decided, and that no Perlon ihall yield 
 Obedience to either of them under the Penalties inflided by the 
 Canons upon the Abettors of Schilrn. 5. That if a Pope happens 
 to be cholen by Violence, and that a well-grounded Fear has any 
 Share in his Eleftion, the Council declares the laid Eleftion to be 
 void, and that it fliall not be ratify'd in the Sequel, even tho' it be 
 univerlally confented to, and that the Fear fliou'd be over ; but that 
 in the mean time the Cardinals fhall not proceed to another Eledionj,, 
 till the Council has given Judgment upon it ; fave only that in cafe 
 the Pope elected fhou'd Abdicate or die. That if they proceed to 
 fuch Election notwithftanding thefe Prohibitions, it fliall be void, and 
 both the Elected and the Ele£lors fhall be depriv'd of all manner of 
 Dignity for the timeprefent, and to come, and both the one, and the 
 other, fhall be oblig'd to repair to the Council to fiibmit to its Judg- 
 ment. 6. That if any Perlon, of what Quality and Preheminence ib- 
 ever he be (i), whether Emperor, King, Pope, Cardinal, or Bifhopj, 
 has made ufe of any Force or Violence whatlbever againft the Elec- 
 tors of the Pope, or any of them, direftly or indireftly, either by him- 
 lelf, or by means of other ; or, if being veiled with due Authority, 
 does notpunifh, or caufeto be punifh'd, the Authors of thole Violen- 
 ces or their Abettors, he fhall be liable to the Penalties decreed by 
 the Conftitution of Boniface VIII. According to the fame ConfH-^^^, Beer iu 
 tution, the Electors of the Pope who have fuffer'd any Violence, v^rit. ixS 
 fhall be oblig'd to remove thcmfelves forthwith, even at the Hazard Fe/irfj. 
 of their Fortune, to Ibme Place of Liberty, and there to fpecify and 
 prove upon Oath before Notaries and other publick Perlbns, the Vio- 
 lences which they have Hiffer'd. And if any City, though it fhou'd 
 happen to be Ro?ne itfelf, be convifted of having given Advice or AC- 
 fiftance to the Authors of thole Violences, or even not to have pu- 
 nilh'd them in the Space of one Month, according to the Enormity 
 of the Cafe, ic fhall incur the Penalty of an Interdidl, ' 'Tis order'd, 
 that this Decree be read at the End o'i every Council, and before the. 
 Cardinals enter into the Conclave, whenever the Election of a Pope 
 is the Affair in queftion. 
 
 The third Decree relates to the Confeffion of Faith, which is to- 
 be made for the future by the Pope elected, in prefence of his Elec- 
 tors before his Eleilion be made Publick. As it is but ihort, we 
 Ihall here infert It entire. ' In the Name of the moll Holy Trinity^. 
 
 * tsff. In fuch a Year, and fuch a Month, i^c. I N. do confels and 
 
 * profefs with Heart and Mouth before Almighty God, who has 
 
 (i)Pontificali aut alls qua vis Ecclefiaftica Dignitate. 
 
 3 .' committed
 
 134 
 
 HI?' 
 
 In :25 
 
 In 5S1 
 In 451 
 
 In 45 1 
 In 680 
 
 In 787 
 
 hi 8f5j> 
 
 Reformat. 
 Cemin. Prota 
 
 coll, Cap. 
 It ap. V. 
 Hardt^ T. 
 p. 584. 
 
 The Hijiory of the Council of Constance." 
 
 * committed the Government of his Church to me, and before St. 
 
 * Peter y Prince of the Apoftles, that, as long as I Hve, I fhall invio- 
 ' lably hold, even to the minuteft Arcicle, the Catholick Faith ac- 
 
 * cording to the Traditions of the Apoftles, of the General Councils, 
 ' and the Holy Fathers, and particularly of thofe Eight General 
 ' Councils, I'iz. the Firft of Nice, the Second of Conjlantimple, the 
 
 * Third of Ephefus, the Fourth of Chalcedony the Fifth and Sixth 
 
 * of Conflantinopky the Seventh of Nice, and the Eighth of Conjiantino' 
 
 * pk, befides the general Councils of the Lateran (i), Lyons j and 
 
 * Vienne\ that I will preach up this Faith, and defend it to the 
 
 * Hazard of Hiy Life, and to the Effufion of my Bloody and that I 
 
 * will alio unalterably, and in all relpe£l:s, obierve the Rite of 
 
 * the Sacraments of the Catholick Church, as it is prelcribed by the 
 
 * Canons.' With my own Hand I have fign'd this ConfeJJion, ivriiten 
 hy my Order, by a Notary and Regijier of the Holy Roman Churchy 
 and I offer it to thee r.iofi f.ncerely and confcientioujlyy O Almighty Gody 
 in prefcnce of fuch and fuch. 
 
 But I can't imagine how the Council cou'd be content with a 
 Profeffion fo loole and contrafted. That which was made by Boniface 
 VIII in 1:94, and which, according to the Reformation of the 
 Reforming College, was to be read at the End of every General 
 Council, is much larger and more particular. Befides, the fame 
 
 the following Articles to the Confeflion 
 
 .J .J... I. That the Pope ihou'd decide no 
 
 '■ important Affair, without the Confent and Sublcription of the Cardi- 
 nals, or the Majority of them, aifembled in the Confiftory ^ fuch as 
 Matters of Faith, the Canonifation of Saints, the appointing of Jubi- 
 lees, the Ereflrion or SupprefTion, Union or Partition of Cathe- 
 dral Churches and Monafteries, the Promotion of Cardinals, the 
 Tranflation of Patriarchs, Archbifliops, BiJliops, and Abbats, Exemp- 
 tions, Alienations, Privileges, £f?c. 2. The Pope was to promife 
 moreover to fend only Cardinals or Prelates to govern the Provinces 
 and Cities of the Church oi Rome ; to grant the Vicarfhip of none 
 of thofe Provinces for more than three Years 5 nor to commit the 
 Guardianlhip thereof to any of his F'amily, or Kindred. 3. He was 
 alfo oblig'd to promife not to alienate nor infeoff the Eftates of the 
 Church of Rome and other Churches, but to maintain them inviola- 
 bly in their Rights without infringing them in the leaft, and, as far as 
 lies in his Power, to recover what had been alienated. 
 
 J- College was for adding 
 ''•made by Bonijace VIII, 
 
 (i) There were three general Coun- 
 cils at the Lattran, all in favour of the 
 Church of Kome, in I123, 1139, 1179. 
 There were alfb nvo general Councils 
 
 at lyons, both favourable to the Sec of 
 Rtme, in 1245, ^nd 1274- The Council 
 oiVienne in Daufhiny was held in 1267. 
 
 LXXIX. The
 
 The Hijiory of the Council 0/ Const an ge^ 135 
 
 LXXIX. The following is the Confeffion that was made by Bo- 1417. 
 n'lface VIII. ' In the Name of themoft Holy Trinity, ^mm. In the ^^—v/'-v^ 
 Year 1294 of the Incarnation, Indiftion VIII. I Benedi^ Cajetan^^^'^^^^'^'^^^- 
 Cardinal-Deacon of the Holy Roman Church, and elefted to be, by .^f b^^io' 
 the Grace of God, the humble Minifter of this Holy Apoftolical n^ace VIII. 
 See, do declare and profefs before you, St. Peter, Prince of the ^ d. Hardt^ 
 Apoftles, to whom Jefus Chrift the Creator and Redeemer of all ^ ^ ?■ 587,, 
 Mankind has given the Keys of the Kingdom of Heaven, to bind 5^' 
 and loole in Earth, and in Heaven, in thefe Terms, ffhatfoever 
 ye Jhcill bind, &c. and before your Holy Church, of which I this 
 Day take the Government upon me under your Authority : I pro- 
 mite, I fay, that as long as I fhall live in this milerable Life, I will 
 not abandon nor forfiike the Church, nor renounce, nor abdicate ic 
 in any relpefl:-, and that I will never ieparate my lelf from it for 
 any Caufe whatfoever, nor for fear of any Peril. That on the con- 
 trary, I will with all my Power, even to Death and to the EiTu- 
 fion of my Blood, preferve the Purity of the true Faith of Jefus 
 Chrift, which is devolved upon ib unworthy an Obje£l as I am, by 
 you, and your Companion in the Apoftlefhip, the Blefled St. Pau/^ 
 by your Difciples and your Succeffors, as well with regard to the 
 Myftery of the moft Holy and Undivided Trinity, the only One 
 God, and of the Incarnation of our Lord Jeliis Chrift, the only 
 Son of God, as with regard to the other Doftrines of the Church 
 of God, as they are contain'd in the general Councils, in the Confti- 
 ftitutions of the JpofloUcal Pontiffs (that is to fay, the Popes) and 
 of the moft approved Doctors of the Church : That is to lay, that 
 I will keep all that I have receiv'd from you by 'Tradition concern- 
 ing the Purity and Orthodoxy of the Faith. That moreover, I will 
 unalterably, and with the lame reipeft, maintain the Eight lacred Gene- 
 ral Councils, particularly the Nicene, &c, even to the leaft Syllable. 
 That I will preach and teach all that they have preach'd and de- 
 creed. That I will with Heart and Mouth condemn all that they 
 have condemn'd, and will in like manner punctually obferve and 
 maintain in their fiill Vigor, all the Canonical Decrees of our Pre- 
 decelfors, the Apoftolical Pontiffs, and all that they have decreed 
 and approv'd in the Councils (^Synodaliter). That I will, as long as 
 I live, inviolably obferve the Dilcipline and Rites as I found 
 them. That I will preferve the Eftates of the Church without di- 
 minifhing, alienating, or infeoffing them in any Manner, and for any 
 Caufe whatfoever. That I will not diminifh nor alter any thing in 
 the Tradition which I have found tranfmitted and receiv'd by my 
 PredecefTors, nor admit of any Innovation ; but on the contrary^ 
 maintain it with Zeal and with all my Power as their true Dilciple 
 and their Minifter {Sefq^tiipcda), That if any thing be attempted 
 
 * againft
 
 t^6 The Hijiory of the Council <?/ C o n s T a n c e r 
 
 T417, * againfl: the Canonical DifcipHne, I will corre£t it, with the Advice 
 
 L/'V^W' of my Sons (Filiorum mcorum) the Cardinals of the Holy Roman 
 
 * Church, by whofe Counfel, Confent, Direction and Advice (^Reme- 
 
 * moratione) I ihall exercile my Minillry > and that through your In- 
 
 * tcrceflion, and that of St. Vaiil, your Companion in the Apoftle- 
 
 * Jliip, I will patiently bear with every thing that does not ftrike too 
 
 * much at the Chriflian Religion, well knowing, that one Day, viz, 
 
 * at the Day of Judgment, I flial! give an Account to God and you 
 
 * of every thing that I have done, and left undone, during the whole 
 ' Courfe of my Life, as having been, by the Grace of God and your 
 
 * Interceffion, eftablifli'd over this facred See. I intreat you to be 
 
 * propitious to me on this terrible Day, to fupport my Endea- 
 *■ vours, and to affift me during this corruptible Life, that I may 
 
 * appear unblameable in the Prefence of our Lord Jefus Chrifl, the 
 
 * Judge of all Mankind, when he fhall come to pais a fevere Judg- 
 
 * ment upon every Man's Actions j to the end that he may give me a 
 ' Place at the Right Hand of the Father, and that I may be ad- 
 
 * mitted into the Society of your faithful Difciples and Succefibrs. 
 
 * I have, with my own Hand, fign'dthis ray Confcffion, written at my 
 
 * Order, by a Notary and Regifter of the Koly i?o;«.^« Church; and 
 
 * I oiFer it to you, O blelTed St. Peter, and Prince of all the Apoftles, 
 '■ fincerely, devoutly and conlcientioufly, by Ivvearing upon your Holy 
 
 * Body, and upon your Altar (1). 
 
 A Dlgreflion LXXX. BEFORE we proceed to the fourth Decree, the Reader 
 
 '^h^c'nfl-f- ^^'^ "''"" ^^ ^"'^'■y '° ^"^ ^ ^°^'' I^ig'^^^'O'^ ^^^'^^ "PO" thefe Confel^ 
 fion of Faich fio"s of Faith made by the Popes. To inform the Publick upon 
 made by the this Head, we ihall relate the Subltance of what has been written up- 
 Popes. on it by Father Gamier, a Jediit, with very great Accuracy and Per- 
 
 spicuity. It was the ancient Cuftom, not only for the Catechumens 
 to make a Confeflion of Faith when they received Baptifm, but for 
 fuch Believers as were ordain'd Priefts or Deacons, to make a Con- 
 (<i) 'fbeoioret feffion of their Faith in like manner («). All the other Bifhops be- 
 aiJl.Ecclef.^ ing thereunto obliged in Quality of Dolors of their Churches, the 
 ■ "^^^' B\{h.op of Rome was, with much more Realbn, engaged to do it, in 
 Quality of Doftor of the Catholick Church. The Confeflions of 
 l^aith made by ths Popes are diftinguiflied into two Ibrts j one, which 
 was made before, and the other after their being ordain'd to the 
 Pontificate. The firft was named a Creed, and was made by the 
 Pope in Quality of a private Man. The fecond, which was more 
 
 (i) This JE the very ConfefTion we this Journal, ^. 26, 52: Yet Father JPtf^i 
 
 meet with in tlie Journal of the Roman proves, very plainly, that this was net 
 
 VomSs {LiherDiurnusKoman.Pojjtif.) ex- the Confeflion oi Boniface VIII. Brev. 
 
 cepting fome fmall Variations, which Fa- tontif. Rom, T. III. p. 508, Jij- 
 
 ther Carmer has Ipecify'd in his Edition of 
 
 extenfive
 
 The Hijiory of the Council */ Constance^ 157 
 
 extenfive, was call'd Symdkal (1), becaufe it was lent to the Patriarchs 1417. 
 and Bilhops, and was made by the Pope in Quality of Doftor. 
 Wc Icarce find any Mention of the firft, before the Time of St. Grs- 
 gory^ furnam'd the Great \ but the lecond is mention'd much ofcener. 
 This Pope made both ConfefTions, as may be leen in his Life, written 
 by John the Deacon. 'Tis highly probable, that, in the Primitive 
 Times, the firfl: Confeflion of Faith was no other than the Roman 
 Symbol, that is to lay, the Apoftles Creeds in which, Rufinus lays, 
 no material Alteration was made before the Year 400. There only 
 wanted the Words, Creator of Heaven and Earthy hs defcended into 
 Hell > and the Life everlajling \ which were added to it, as Father 
 Gamier conjeftures, in Oppofition to the ManicheeSy who held two 
 Principles i to ylrius and others, who taught, that Jefos Chrift had 
 not a human Soul •■, and to Origen, who did not believe an everlafting 
 State of Blils. After St. Gregory's Time, this Creed was very much 
 augmented, as may be ihen in Father Garnier's Appendix to the 
 Journal of the Popes of Rome. In the Vlllth Century they began 
 to make Ufe of the Confeflion of Faith, which we have leen above. 
 
 Father Gamier foppoies, with very great Probability, thatthofc 
 Synodical Letters, or thole Confeffions of Faith, by which the Popes 
 and Bilhops notify'd their Eledion to the Patriarchs and Priefts 
 under them, were put in Ufe about the End of the Illd 
 Century, under the Emperor AureViamis. The Difference there was 
 between the Confeflion of the Pope and thole of the other Bifhops 
 lay in this. The Pope took the Oath to St. Peter immediately, 
 whereas the others took it to St. Peter\ Succeffor. The Popes did 
 not fend Synodical Letters to the Ichilrnatical Prelates, but fent them 
 to thole who had been degraded improperly, and contrary to the 
 Mind of the See ol Rome. Befides the Confeffions of Faith con- 
 tain'd in the Journal of the Roman Pontifls, Father Gamier, after 
 many Inquiries, has met with but four j one made by Gelaftus I, 
 about the End of the Vth Century ; another, by Pelagius I, to- 
 wards the Middle of the Vlth ; a third, by Gregory I, about the 
 End of that Century } and the fourth, by Leo IX, towards the Mid- 
 dle of the Xlth Century, They were different according to the 
 Herefies which arofe. The Precaution which was taken by the 
 Council of Conjiance to renew the Ufe of thofe Confeffions of Faith, 
 is a very plain Proof that they were given over after the Year 12945 
 at which Time they fay that Boniface VIII. made his. We don'c 
 well know the Rcafons for abolilhing this Cuftom, which happen'd, 
 as Ibme think, when they began to debate the Authority of the 
 
 (i) It was alfo csll'd an Mxptjltion of the other; and ^Strmon^ becaufc it w«e 
 ^ith, becaufe it wai more cxtenfive ihsn pronounced by die Pope. 
 
 Vol. IL S Councils
 
 1 38 The Hiftory of the Council <?/ Constance. 
 
 14 1 7. Councils and Popes •, becaule the Popes, by fubmitting in thole Forms 
 ^^^'"V-^ to the Authority of general Councils, would, by thole Forms, have 
 derogated from their Pretenfions of being above general Councils, 
 {a) append. Father Gamier rejeds this Realbn, but does not alledge any other (a), 
 ad D-ur». Kctum wc HOW to the Decrees of the Council. 
 Rom.por^uf. -p^g j-Qyj.jj^ Decree relates to the Tranflations to Benefices (Z-). 
 ^b^^corvint Here it muft be obfer/'d, that, according to the Canon Law, a Bifhop 
 fus cunon. could not pafs from one Church to another by his own Authority, 
 i. 10. ye- nor even by that of a Patriarch ; and that there was an abfblute 
 mmeaCofia jsj^j-g^^j-y ^q,. jj^^ Intervention of the Pope's Authority. But, ac- 
 Lftiail Ke^-' wording to the lame Canons, the Pope may give Order for thofe 
 venues, f Tranflations, even in fpite of the Bifhop, in certain Cafes ^ as 
 ic6, 112. for Example, if the Bifliop may be more uleful in one Church than 
 r. d. Hardt, jjj another, or in fome Cafe of Neceffity. Now, as it often hap- 
 P' ^'^^^ pen'd, that the Popes had abufed that Authority, under various Pre- 
 texts, to the Prejudice of the Churches, or of the Prelates, the Coun- 
 cil orders, that, for the future, the Bifliops, and other great Prelates, 
 iliall no longer be tranflated, without weighty and important Rea- 
 Ibns, of which a Judgment Ihall be made, in Prefence of the Parties 
 concern'd, by the Counfel, Confent and Sublcripticn of the Cardinals, 
 or the Majority of them. As to the inferior Clergy, liich as Ab- 
 bats, and other beneficed Perfons (perpetub Beneficiati) 'tis alfo de- 
 creed, that they Ihall not be changed, nor tranflated, nor deprived, 
 any more than the Bilhops, without juft and reafonable Caufes, and 
 fuch only as are fubfcribed to by the Cardinals, Hiving the Conftitu- 
 tions and Privileges of Churches, Monafteries, and all the religious 
 Orders. Foralmuch as this Decree of the Council is Ibmewhat different 
 from the Relblutionofthe Reforming College, I will here giveit entire^ 
 
 * Whereas it often happens, that the Tranflations of Prelates are liable 
 f to great Inconveniencies, as well with regard to Spirituals as Temporals j 
 
 * and as Ibmetimes too the Prelates negleft to preferve the Rights 
 
 * and Liberties of their Churches, for fear of being tranflated, or 
 ' having their Benefices exchanged j left it ilrould happen that, thro' 
 
 * the Importunity of ibme Perlbns, more attentive to their own In- 
 
 * terelts than to thofe of Jefus Chrift, the Rowan Pontiif, being but a 
 
 * Man, fhould fufler himfelf to be over-reach'd, or Ihould lean 
 
 * more to one Side than to another thro' Inconftancy (i), or Mil- 
 
 * information of the Faft, we declare, by thele Prefents, that here- 
 ' after there ihall be no more forced Tranflations of Patriarchs, 
 
 * Archbiihops, Bifliops, nor even of exempted Abbats, whole Mo- 
 
 * naflieries hold immediately of the Apoltolical See (i), laving the 
 
 (i) This Claufe is not in the Decree of (2) Nor is tliis Claufe mentioii'dfn the 
 the Council. Decree of the Council. 
 
 * Rizht
 
 The H'tftory of the Council 0/ C o n s t a n c e. i 39 
 
 * Right of the Conftitutlons of their Orders, without important, 1,^17. 
 
 * reafonable, notorious and evident Ouifts, which fhall be examined L/'*\h\J 
 
 * and decided, in Pretence of the Parties, by the Advice of tlic Car- 
 
 * dinals, or the Majority thereof (a). d") ^- d. Har. 
 
 The fifth Decree relates to the Spoliations of the Bifliops, or the "^^ ^' P- *^*^^' 
 Vacancies of Benefices, and to Procurations. To have a right Under- 
 ftanding of this lalt Word, it miift be obferv'd, that it was the 
 Cuftom in the Church of RoinCj that when tlie Biihops went to make 
 their Vifitations, all Nccelfaries for their Subfiftance, and the Support 
 of their Digaity, were procured them at the feveral Places they came 
 to, which are ftill call'd Procurations. But as tlie Popes pretended to 
 be Mailers of all Ecclefiaftical livings, they often appropriated thofe 
 Procurations to themlelves, by rcferving them for their own Ufei 
 and they fent Colleftors to exaft them, to the great Prejudice of the 
 Publick, and of private Perfons, as well as of Eccleiiartical Difci- 
 pline. The Council abfolutely forbids this Abufe. The Popes alfb 
 affumed the Right of referving to themfelves the Nomination to cer- 
 tain vacant Benefices, with their Revenues, during their being vacant. 
 We may eafily judge of the Confequences of this Claim in le- 
 veral relpcdls. The Council orders, that when a Benefice Ihall be- 
 come vacant by the Death of the Incumbent, even tho' it Ihould hap- 
 pen at the Court of Raiie^ the Revenues thereof fhall be fecur'd to 
 thole to whom they, by Right, appercain'd, before theft Relervations 
 were introduced j and it forbids all the Clergy to make any Exa£lions 
 of the like kind, laving, however, the Conftitution of Br.niface VIII. 
 upon this Subjedi Afterwards the Council appointed the Judges, or 
 Commiffioners, to determine, peremptorily, thcQiiarrelsof the two Com- 
 petitors to the Biflioprick ofCumaj or Como, (Cunianenfem Epifcopum). 
 
 LXXXI. Some Days after this SelTion, the Emperor aliembled h?«7 of b*- 
 the States of the Empire to put an End to the Diiputes between the*""" attacks 
 Dukes of Bavaria, which have been already mentioned (1). •^'■^-h"s Q>"ri\ 
 derick q'[ Brandenbourg was indiredly concern'd in the Qiiarrel, as hz Lewis. 
 was Brother-in-law to Henry de Landjloat, and an old l-'riend to the cff. rp. 
 Houle o^ Bavaria. His Territories lying contiguous to thole of the'' ''• "«''/', 
 Dukes, he was commonly Arbitrator of their Quarrels. Leivis of P" 
 
 Bavaria of Ingoljlad, Brother-in-law to Charles VT, and his Ambai- ^^^'^' 
 dor at the Council, having, at his Return from France, propoled to 
 make a new Partition with his Coufins, vi'z. Henry Duke o'i. Bavaria^ 
 LandJJmty Ernefi and William Dukes of Bavaria- Munich, this Ali'air 
 ntiade fo great a Noife, that thole Dukes fell to Blows, and nothing 
 
 (i) As we have lince met with Guni- (bme Particulars which wcrc not in the 
 lingi Relation, wc the more readily re- other Relation, 
 fume this Hiftory, bccaufe it contains 
 
 S 2 but
 
 140 The HiJIoty of the Council (?/ C o n s t a n c eI 
 
 14 1 7. but the Enjpcror's Mediation made them lay down their Armr. 
 Mean time, Lezvis and Henry oi Bavaria being at Conflance^ the latter 
 thought he had a fair Opportunity to complain to the Emperor againft 
 his Coufin LewiSy for having difturbed the Peace, violated the Treaty 
 of Partition, and ravaged Bavaria with his Troops. For this Pur- 
 poie, he apply'd himlelf to Frederick his Brother-in-law, who, know- 
 ing that Lewis was the Aggreflbr, complain'd againft him, in Henr'/% 
 Name, in the Council of the Princes, where the Emperor was pre* 
 fent, and demanded that Leivis might be obliged to make the Dukes 
 Satisfaftion for the Burnings and Robberies which his Troops had 
 committed on their Territories. Lewis of Bavaria, who was prefent, 
 miiftrufting his Caufe, was determined, as has been already laid, to 
 decline the Jurifdiiiion of the Emperor and the German Princes, oa 
 Pretence that he was at Conftance as Ambaffador from the King of 
 Francgy whole VafTal he call'd himfelf j and that all his E'amily being 
 fettled in that Kingdom, his Coufin ought to accufe him before the 
 Peers of France, where he would give in his Anfwer. Sigifmond im- 
 mediately confulted the Princes of Germany, to know whether Lewis's 
 Excufe was valid, and whether he ought to be looked upon as the 
 Ambaffador, or ValTal of the King of France. 
 
 The Princes were unanimoufly of Opinion that Lewis was a 
 VafTal to the Empire of Germany, to which he had paid Homage, 
 and that, by Confequence, he was obliged to anfwer before the En> 
 peror, and to own the Princes for his Judges. The Emperor appro- 
 ved of the Princes Sentiments, and admonilh'd Lewis of Bavaria of 
 his Duty (i). Frederick thereupon repeated the Heads of the Accu- 
 iation, and cauled a very long Writing to be read, which contain'd 
 them all together. Lewis of Bavaria, whofe only Aim was to gaia 
 Time in a Caufe which he could not fail to lofe, defir'd the Empire 
 to fix a Day when the Aflfair might be decided, by reprefenting, that, 
 as be did not expeft this Accufation, he mufl have lime to draw up 
 the Writings neceffary for his Defence. The Emperor and the 
 Princes could not refule him his Demand j but, neverthelels, he 
 was requlr'd to declare upon Oath, that he did not defire this 
 Delay with any finifter Views, or to ipin out the Affair to a Length. 
 This Propofition was very dilpleafing to the Duke of Ingolftad, be- 
 caufe he thought it too much degrading to a Prince of the Empire. 
 He ufed feveral Arguments to beexcufed from taking this Oath^ but, 
 in the mean time, notwithftanding thele Reafbns, the Ali'embly per- 
 fifted in their Refblution, and a. Secretary of the Emperor read the 
 Form of the Oath, which he was to fwear. 'Tis probable tliat this 
 
 (i) That is to iay, that he ougkt to cxhihitcd againft him before the Princes, 
 jitifwet to the Accu^tions that had been who were ms tiue Judges. 
 
 ForiB
 
 The Hiftory of the Council <?/ C o n s t a n c e; 141 - 
 
 Form was not drawn up according to Z,fw;V of ^a-yanVs Intention j. 1417,., 
 for he repeated one of his own penning, and, with very great Indig- v»/'"v^s«t 
 nation, he drew back his Hand, which he had Hfted up towards the 
 Imperial Throne. Frederick (who v/as fbon made fenfible that Leiuii 
 of Bavaria, had not obey'd the. Affembly of the Princes, becau(e he 
 had not taken the Oath according to the Form which had been 
 read) defir'd the Emperor to obHgc this Prince to take the Oath,, 
 as it had been prefcribed to him. The Duke of Bavaria made the 
 beft Exciife he could, by faying, that the Secretary had not drawn 
 up the Form as it ougJiCto be, and that he had even committed a ma- 
 niieft Error. But as ail this was only a Subteribge invented by 
 Lewis of Bavaria^ and as the Prince, in pronouncing thole Words, 
 changed Colour, Frederick laid to him in Latin^ Jffinis optimc^ jejunus 
 mihi videriSy quod color ager arguit. i. e. My very good Coufm, X ' 
 fancy, by your wan Complexion to Day, that you have not jjroke 
 your Faft, The Emperor having exprels'd a great deal of DilTatir- 
 iaftion at the Duke of Bavaria''s Proceeding, the Princes gave their 
 Opinion that the Emperor ought to call him to Account. Upon this, . 
 Leivis of Bavaria., forgetting the Refpeel he ow'd to the Emperor, 
 ran out into bitter Reproaches agai.^ift Henry, and call'd him a Dif- 
 turber of the Publick Tranquillity, a Protestor of Robbers, a cruel, , 
 bloody, perfidious Traytor, and even a Baflard. Henry\ Refpeit 
 for the Emperor and for the Affembly hinder'd him from taking; 
 Revenge upon the Spot-, but he went away with a Heart full of 
 Refentmenr, and even threaten'd • his Coufin in publick. And that 
 very Day, in the Afternoon, Henry took Horfe, accompany'd hyjywM, cap. 
 Ibme Noblemen his Friends, and attended by his own Servants, to 71- ■^'»<«». 
 wait for Leivis as he pafs'd by. The latter had dined that Day with^""- %<«•-■'- 
 the Emperor, at the Houfe of the Bifhop oiPaJfaiu^ and as he was ^^ '^ ^' 
 returning home, attended by Ibme of his Pages, Henry fell upon \\\m^iheoh.uhi fa^. 
 in the Screet. Tou know, lays he to him, how you affronted me in the p. 67. gmmI. 
 Morning ; that was not a pnper Place for me to take Revenge, but now ^^^^- ^f^<^e- 
 fiand upon your Guard \ and at the fame time gave him feveral Thrufts "'^^ ^' "t/"^- 
 v/ith his Sword, and wounded him: But Lewis was nimble enough to^' ^^' 
 difarm Henry^ and would have adually run his Sword through his 
 Body, if he had not been reliev'd by the Gentlemen his Companions, 
 who icl! upon Lewis lb furioufly, that he tumbled from his Horfe mor- 
 tally wounded. Henry thinking him atluaily dead, hurry'd out of Town ' • 
 with his Attendants. The Emperor immediately fent fome Horfe 
 in Puifuit of him,, commanded by the Counc de Schwartzembourg, the 
 Captain of his Guards ( ■ ). But Henry got out of their Reach, bv 
 |he Aflitlaixe of fome Gentlemen, who conducted him, with all Spcedj, 
 
 (i) Some Hiftbtians £iy tl.s Emperor went thither himfelf.
 
 142 1'he Hifiory of the Council 0/ C o N s T A n c e. 
 
 14 1 7. into Bavaria. Mean time, the Emperor aflcmbled his Conncil, to 
 
 ^yy/'Sj confidcr of this Inliiit, for which Henry was unanimoufly condemn'd 
 
 to be put under the Ban of the Empire. But, juft as the Emperor 
 
 •was going to pronounce the Sentence, the Elector of Brandenbourg, 
 
 Henrf-i Brother-in-law, fell at his Imperial Majeicy's Feet, to beg 
 
 him to deTer the Execution of this Sentence till £ffw;j was either dead 
 
 or cured of his Wounds, becaule, in either Caie, the Atfair mighc 
 
 have a very different AfpeS. The Elettor, who was moreover mSigif' 
 
 mond's good Graces, the more eafily obtain'd this Relpite, becaule 
 
 ■he had been Witnefs of the Outrage with which he had treated 
 
 Henry in full Aifembly. Lezv'n was cured of his Wounds, but 
 
 not of his Refentment: B'or this Affair was attended with tedious 
 
 Broils, and even with feveral Wars between the Unkes of Bavaria^ 
 
 and it was not accommodated till 1430, by the Mediation of the En>. 
 
 peror. 
 
 rufputes a- LXXXII. We have obferv'd, that the Emperor and the Germans 
 
 bout the E- did not comply with the importunate Inftances of the Cardinals for the 
 
 kaioiiofa EleiVion of a Pope, but on Condition that the Council would make a 
 
 .Pope. Decree to oblige the new Pope to let about the Reformation imme- 
 
 ^faj^'^g, diately atter his Eleffion, and even before his Coronation. The 
 
 epc/fi. p. Cardinals therefore were urged to keep their Promife, and there were 
 
 ad^. great Debates upon that Head between them and the Deputies of the 
 
 Nations. Several Models of this Decree were propoled on both 
 
 Sides, but they could not agree in one. At length, after many Eva- 
 
 'fions, the Cardinals made Anfwer, in plain Terms, that ihe Pope ivas 
 
 not to be prefcribcd to^ and that he could not he bound ( > ). That was 
 
 undoubteuly a very poor Shift, and manifeftly difcover'd the ill 
 
 Intention of the Cardinals. For admitting that, according to the 
 
 new Canon Law, the Pope could not be bound, were they ignorant of 
 
 this Law when they promifed to procure a Decree of the Council, 
 
 by which the Pope fliould be engaged to reform the Church before 
 
 he meddled with any other Affair? Befides, had not the Pope's 
 
 Hands been bound, in feveral Refpefts, in the preceding Seflion ? The 
 
 Cardinals ought therefore to have protefted againft that Seflion, and 
 
 to have left the Pope abfolute Lord and Mafter of all Benerices, 
 
 , . , r LXXXin. While thefe Things were tranfading. News came 
 
 theBiflio^p of to Conjiance, that He-ary Beaufort Biihop of Winchefier (.), Uncle to 
 
 Winchept. the 
 
 (i") Tandem fuit diftum quod Papa gate in Germany, Htmgary, Bohemia and 
 
 eleCtus ligari non poterat. Bni'land, againft the hujjites, as wc Ihall 
 
 (2) This Prelate is known in Hiilory find in the Hiftoiy of that War. The 
 
 by the Name of the Cardinal of Wivchefier. Publick Afts of England call him Bifliop 
 
 Martin W. made him Cardinal Prieft of o? ffinchefter ; and from thofe Ads it ap- 
 
 Sc. EitfebiuSy aud eftablifli'd him his Le- pears, that be was in feme Dilgrace with 
 
 the
 
 The Hijlory of the Council of Constanci. 143 
 
 the King o^ England f was arrived at Ulm^ in his PafTage to Jerufa' 14 17* 
 
 km. The EngliJI) thought this a favourable Opportunity to renew ^./'S/'^'^ 
 
 the Negotiation, and that by the Mediation and Authority of lb 
 
 holy a Man, who was travelling in Pilgrimage to the Holy Land, 
 
 the Minds of People might be reconciled in a manner advantageous to 
 
 the Church. They infinuated therefore to the Cardinals, that this ^- <^- ^ariK 
 
 Prelate being well inclined to the Union, and being moreover a Perlbn "^ ^^ ■ P- 
 
 of great Skill in Negotiations, the Kmperor would go hand in hand ' 
 
 with him, andthac there was a Nccedity of inviting him to Ccnllance. 
 
 They conl'enced to it, and the Emperor fent him an Invitation under 
 
 his own Hand. The Bifliop of Litchfield went to Ulm to accompany 
 
 him to ConJlancCj where he made his Entry in the fiabit of a Pilgrim. 
 
 The Emperor and three Cardinals went to meet and receive him^ 
 
 For Ibme Days that he ftay'd at Confiance^ he effeclualiy employ'd. 
 
 himfelf in this Afiair, with 16 much Zeal and Dexterity, that, at 
 
 length, it was refolved that the Council fliould order, by a Decree, 
 
 That the Reformation Jljould be enter'' d upon after the Election of a Pope 5 
 
 that the yir ticks of the Reformation agreed upon beiivcen the Nations- 
 
 jhould be difpatched ; and that Deputies fiould be appointed to fettle the 
 
 Manner of EleRion. The Cardinals had already promiled, that the 
 
 Reformation Ihould come on after the Elleilion of a Pope, and even 
 
 without flaying till his Coronation, and before he entered upon the 
 
 Management of Affairs. But they had retraced what tliey had faid, 
 
 and therefore their agreeing to any thing, after fo many fruitlefs Debates, 
 
 was no Imall Matter. But, when all's done, this A greement was of much. 
 
 more Advantage to the Cardinals than to the Emperor. They ob- 
 
 tain'd almofl: every thing they had defir'd, becaule the Election came 
 
 on before the Reformation 5 whereas the Emperor Icarce gain'd any 
 
 thing by it, becaufe the Pope, when once inftall'd, and in PolTedioa 
 
 of the Government, might find a thoufand Pretences to delay the 
 
 Reformation, and even to evade it, as he certainly did. Mean time,, 
 
 this ioole Engagement of reforming the Church, after the Eleftion, 
 
 was all they could get, and therefore they were glad to put up 
 
 fvith it. 
 
 The five Nations met, without Lois of Time, to give the finlih- o^.zC^ 
 ing Stroke to the Articles of Reformation, as they had been agreed to 
 by the Mediation of the EngUJJi Bifhop. What was the Subllance of 
 them, we Ihall lee hereafter. I will only obferve here, that the Ger- scMfi. Ccmfr,. 
 
 Chron. p. 68>- 
 V d Hardt 
 the King of England^ and that he had Safe-ConduQ: which •vvas allowed him T IV p. ' 
 been aftuall)' charged with Acbcllion and for his Journey to the Holy Land. Asp i^^sf 
 HighTreafon; a.s is plain, from a general to this Bifhop, fee jiHa Re^ia, Vol IJ. " 
 
 Pardon granted him, which we find in Rape's Hiftory of Engtaxd, Tom IV, O'c. 
 thofe very Afts, and from the King's JRcyolutions of £;»5/<»»rf, T, II, p. lijo'ijj.
 
 S44 -^^" ^'J^°^y of the Council of C o n s ta n c Eo 
 
 14 1 7. mans were abfolntely for inferring an Article, among the reft, to-ict- 
 'x/^-s/-''^ tie the Cafes wherein a Pope might be correfted and deporfed, as 
 
 well as the Manner of going about it; and there was one inferted ao- 
 . cordingly. The Emperor, who, by the Mediation of the Englijh 
 ■Prelate, had very near obtain'd of the Cardinals all that could be got 
 
 Gut of them, appointed Deputies to concert wich them the Manner of 
 
 chufing a Pope. 
 Wlietlief the LXXXIV. The Cardinals had, fome Months before, given in a 
 Cardinals Model for the £lefl:ion which was not approved of, elpecially by the 
 ought to Emperor and the Ger»2«« Nation;, nor was it relUh'd at the fecond 
 themftlveslntime any better than the firft. The chief Difficulty lay in the Ob- 
 the Eleaioii jeilion made by fojne Peribns, that the Cardinals w.ght to have no 
 <!faPope. Share in the enfuing Eledion in Quality of Cardinals, but only as 
 
 Deputies of their Nations. From what Quarter this Opinion came, 
 
 the A£is do not fay; but 'tis very probable it was from the Germans. 
 
 'Tis natural to fuppole it was horribly dilpleafing to the Cardinals; 
 
 and he of St. Mark in particular oppofed it with all his Might. He 
 
 reprelented, that the Eleftion of the Pope appertained of Right to the 
 
 ■ Cardinals' (i)-, that feveral were of Opinion that the Council could not 
 . difpofe of this Right without the Pope; and that more than one Na- 
 
 ■ tion would not efteem the Perfon elefted after any other manner to be 
 
 ■ Pope. The Cardinal of Cambray had alTerted the fame thing before. 
 Therewas another Affembly of the Deputies afterwards, in which no- 
 thing was concluded, becaufe it was entirely taken up in warm Debates, 
 whether the Council could derogate from the Canon Law, and whe- 
 ther they had Authority to alter it. This Difpute was very ill timed, 
 becaufe it appears from this Hiftory, that the Council had pafs'd 
 feveral Decrees which exprefsly imported, that, notwithftanding all 
 
 ' the Laws and Confiitutions, eixn of general Councils ^ the Council or- 
 
 ^ der'd this or that. At length, upon the 28th of OElober, it was agreed 
 
 on both Sides, that fix Deputies of each Nation Ihould have a Right 
 of Suffrage with the Cardinals in the Election of the Pope; and the 
 - Cardinals Projea for the > Election was approved, with certain Mo- 
 difications which are not fpecify'd. Therefore nothing remain'd, but 
 to ratify, in a publick Seflion, all that had pafs'd between the Na- 
 .tions and the Cardinals. This was to be the Bufinefs of the Fortieth 
 Seflion, which, in a Vienna MS. is call'd the very good Sejfion^ be- 
 caufe evexy thing was therein dilpoled for the Eleftion of a Pope. 
 SESSION LXXXV. The Emperor was not prefent at it, but the Eleftor 
 yoRTiiTH. oT Brandenhourg was. The Mafs of the Holy Ghoft was celebrated 
 
 o». 30. by the Cardinal </« Urfins. After the ulual Ceremonies, the Cardinal 
 r.daardt, ' 
 T.IV. p. 
 
 1449- (O It wa* Jptioent II, who, in the elefting the Popes in the College of Car- 
 
 Xllth Century, vefted the fole Kight of dinals. 
 
 i 9i
 
 The Hipry of the Council ?/^ C o n s t a n c e.' 145 
 
 of St. Mzr/^ read the Refoliitlons of the Nations. The firfl related 141 7. 
 to the Pope's Engagement to reform the Church after his Eleftion j 
 and it was drawn up in thele Terms : * The Council orders, that 
 
 * the future Pope fhall, in concert with the faid Council, or with the 
 
 * Deputies of the Nations that fhall be appointed for that End, 
 
 * reform the Church in its Head (i), as well as the Court of Rome^ 
 
 * according to Equity and the due Government of the Church, before 
 
 * the Council is dilfolv'd ^ and that the laid Reformation iliall be ac- 
 
 * cording to the Articles agreed upon in the Reforming College. 
 
 * To which the Decree adds, that when the Deputies fhall be nominated 
 
 * to make the faid Reformation, it ihall be free for the other Mera- 
 
 * bers of the Council to withdraw, with the Pope's Leave.' Many 
 Relleftions might be (:) made upon this Decree of the Council v 
 and I very much fuipetV, that the Emperor was not at this Seflion, 
 becaufe he did not like it. For i. When the Pope was once rccog- 
 niled, and prefiding at the Council, it might naturally be imagined 
 that he would aft without Control, notwithflanding his Engagements ^ 
 whereas he durfl not haveafted thus before his Coronation. 2. The 
 indefinite Term, before the Dijj'olntion of the Council, left him at Li- 
 berty to lettle any other Affair that he pleafed before the Reforma- 
 tion. 3. The Claule, according to Equity, feem'd to lye quite open to 
 cavil; for, as the Articles of the Reformation were to be agreed upon 
 by the Reforming College, it looks as if they had a mind to leave 
 the Pope at Liberty, by that Claufe, to fay, when he pleafed, tliat 
 fuch and fuch an Article was not equitable. 4. The Reformation of 
 the Pope and his Court was a very great Task ; but there were ma- 
 ny other Reformations to be made in the fuperior and inferior Clergy, 
 and it was dangerous to leave that Reformation to the Difcretion of 
 the Pope. 5. The Liberty which was granted to the other Members 
 of the Council to withdraw, except thole commifllon'd for the Refor- 
 mation, feem'd of pernicious Conlequence; becaufe, if any Difficulty 
 had arofe among the CommilTioners, the Pope would have decided it, 
 the Council being, as it were, diffolv'd. 
 
 However this be, thefew^ere the Articles on which it was agreed 
 the Reformation fliould turn. i. Concerning the Number, Qiiality, 
 aad the Nation of the Cardinals (3). 2. Concerning the Relervatians' 
 of the Holy See. 3 . Concerning the Annates, the common and fmall 
 Eees. 4. Concerning the Collations to Benefices^ and the Gratia 
 
 (l^ Szoviui, Sponde, Richer, and M. (5) M. Dupiri does not fpeak of the 
 
 Dupin, add, and in its Members; which is Nation of Cardinals; but I take it to be 
 
 not TO be found in the Afts of the Vatican, an Error of the Prcis, for all the Afts of 
 
 jior in thofc of Germany. Germany, as well as Bzotiius^ Sponde, SJ~ 
 
 (2) Sec Richer's Reflexions on this Dc- chtr and Schdfiratt make mention of it. 
 rree. T. II. p. 186. 
 
 Vol. II. T Exj>e£laz
 
 14^ The Hijlory of the Council <?/ C on s T a n c e. 
 
 i^iy. Expe5iativ^, or Reverfions. 5. Concerning the Confirmation of E- 
 v^.^'V'x^ Ie£lions. 6. Concerning what Caules ought, or ought not, to be 
 pleaded at the Court of Rome: 7. Concerning Appellations, or Ap^ 
 peals to the laid Court. 8. Concerning the Offices of the Chancery 
 and Penitentiary. 9. Concerning the Exemptions and Unions, or In- 
 corporations, made during the Schiim. ic. Concerning Commendams. 
 II. Conczrmn^ Intermediates, that is to fay. Revenues during the 
 Vacancy of Benefices. 1 3. Againft the Alienation of the Eftates of 
 the Church of i?ew/?, and other Churches. i:j. Concerning the Caufes 
 for which a Pope may be corrected and depoied, and how. 14. Con- 
 cerning the Extirpation of Simony. 15. Concerning Dilpenlations, 
 16. Concerning the Provifions for the Pope and Cardinals. 17. Con- 
 cerning Indulgences. 1 8. Concerning the Tenths. 
 
 Afterwards the Council order'd, by another Decree, that they 
 Ihould proceed to the Eleftion of a Pope, notwithftandiug the Ab- 
 ience of Peter de Lund's Cardinals, who had been expefted above 
 three Months fince he was depofed. Neverthelefs the Council de- 
 clares, that if they arrive before the Eleftion is over, and are willing 
 to unite to the Council, they lliall be admitted to it, conformably to 
 the Capitulation o^ Nar bonne. 
 rJ.Har^t,T. Nothing more remaln'd but to read the Decree concerning the 
 W.. p. i45i-]yianner and Form of theEkftion of the future Pope, which ran thus. 
 
 * In order to let the Election of the future Pope above all Contradiftion 
 
 * and all manner of Scruples, and to render the Union that ought to rellilt 
 
 * from it, certain, perfect and unalterable, the Council, by the cx- 
 
 * prefs and unanimous Confent of the College of Cardinals and of the 
 
 * Nations, ftatutes, ordains and decrees, that for this Time only fix 
 
 * Prelates, or other diftinguifhed Clergymen of every Nation (i), 
 
 * fhall be cholen within the Term often Days, to proceed with the 
 
 * Cardinals to the Choice of a Sovereign Pontiff: So that he, who 
 *- Ihall be elefted by two thirds of the Cardinals, and by two thirds 
 
 * of the Deputies of the Nations, ihall be deem'd by all the Church, 
 
 * without Exception, as the true Pope ^ and that the Hellion fhall 
 
 * be void if it be not carry'd by two thirds of the Suffrages, as well 
 
 * of the Cardinals, as of the Deputies of the Nations : That the 
 
 * Cardinals and the Deputies of the Nations fhall be obliged to ob- 
 
 * ferve even all the Penal Laws and Conftitutlons, and all the Ufages 
 
 * generally obferv'd in theEleilionof Popes, and that they fhall (wear 
 
 * to aft on this important Occafion without Prejudice, Hatred, Fa- 
 
 * vour, and without any Paffion, but for the Welfare of the Church/ 
 Befides, the Council order'd the Eleftors to enter the Conclave in 
 ten Days Time for the Eleilion. 
 
 (i) That is to fay, thirty Clergymen, bdides the Cardinals. 
 
 LXXXVI. Ali.
 
 The Hijiory of the Council of Co n s T a n c e. 147 
 
 LXXXVI. All the Articles of the Reformation above-mention'd 14 17. 
 had been very warmly debated in the College of the Reformers, L/S/^XJ 
 but none with fb much Heat as that concerning the Annates. They Thcv?»r<i/« 
 call by this Name that Right which the Popes claim over all Chrillen- 
 dom to the firft Years Revenues of tlie Benefices that became va- 
 cant, but efpecially the moft confiderable ; as, Archbifhopricks, Ab- 
 beys, Priories, Cathedral, Collegiate and Conventual Churches. Au- 
 thors arc generally agreed, that this Inipoficion firft began in the 
 XlVth Century; but feme place it fooner and others later in that 
 Century. Polydore Firgil fays, that the Council of Fienne, which PoJyet. rhg. dt 
 was held in 151 r, under Clement V, made a vain Effort to fupprefs -'»*'"'* /«'•'""- 
 t\\z Annates., which fliews, that they were fubfifting at that Time. It '-''^ ^^'^ 
 appears, indeed, from the Hiftory o'i England, that Clement \, at his "J^^,y^, fj;_ 
 Entrance on the Pontificate, impoled the Annates in that Kingdom for fto.-y of Eng- 
 three Years. Edivard I. confented to it immediately ■, but the Par- I'md^ Part I. 
 liament openly oppofing it, the Pope's Bull was declar'd abufivc, andR;'*"- 
 the King revoked his Confent. Mean time, notwithftanding thefe publick of Bel^gg^es 
 Complaints and Oppofitions, the Popes ftill went on the old Way, and p - ig_ ' 
 were never at a Lois for plaufible Pretexts to excufe thofe Exactions : That 
 which was pleaded by John XXIII. Clement''^ Succeffor, was very 
 common at that time a Day, viz. a Journey to the Holy Land. They 
 iay, that at firft he only order'd them for the Term of three Years •, 
 but that when the three Years were expir'd, they were continued by 
 that Pope and his SuccefTors; particularly by Beneditl XII. and Cle-Dupin. Bihl. 
 ment VI, which laft had great Difputes upon that Head with the ^"''f- ^^"f- 
 Englijb in the Reign o{ Edivard III. John IFickUff attacked the ^^X,,?'/^^'' 
 Annates, as well as the other Abufesof the Church o( Rome, with alltheVcnth" 
 Jiis Might. The common Revenues of the Popes being diverted by p. 294^ 50* 
 the great Schifm in the Weft, during which they had Need to iu^. R^ynald. ad. 
 port themfelves againft one another, Clement VII. took the Oppor-''"" '399- 
 tunity of Charles VI's Minority to opprefs the Kingdom o'^ France"„^l' j^^.^^_ 
 by his Relervations, his Gratia ExpeHatiViS, or Reverfionary Grants,ji-„j^'p 0^ 
 and by the impofing of the Annates, in Ipite of the Remonftrances 
 of the Univerfity of Paris. Neverthelefs, Charles VI, by an Ediil 
 which he publifli'd in 1387, prohibited the carrying any Money to 
 Rome, and order'd, that the Ecclefiaftical Revenues fliould be left to Gerfoniam, 
 his Difpofal, to be employ 'd in Reparations of the Churches, and the p. 6. 
 Maintenance of the Clergy. This Edicl was renew'd in 1398 and in /</. p. i8. 
 14015. Boniface IX. was as great a Tyrant uRome, as Clement VIII. plafw.Doni- 
 was at Avignon-., and Boniface is moft generally fuppofcd to be theM^lX. 
 Man that cftablifli'd the Annates no longer as a charitable Supply, 
 but as a Right annex'd to the Dignity of the Sovereign Pontiffs. ^. , . ,.« 
 Yet Nieni fays, that Boniface pretended Ibme neceffary Occafions ; and ^'^ Lib 
 Platina declares, he only demanded one half of the Revenues of the yj j \, , ' 
 
 T 3 firft p. 18.
 
 148 The Hijiory of the Council ^/ Co n s t a n c 1. 
 
 1417. firft Year's Vacancies } and that the faid Tribute was generally grant- 
 
 'v-''"^''"^*- ed, except in England., where they would not pay any ^Innate but for 
 
 Tafquier Re- yacant Bilhopricks. Naucler adds, that in Germany they only paid 
 
 Vtance Lb '^^ Annates of fiich Prelacies as immediately depended on the See of 
 
 III. MO. 15! •^^^^''' John XXIII. was even more skilful and bolder than Boni' 
 
 p. 157. face IX. in the Exercile of a Myftery which he had learn'd at his 
 
 School \ for the faid John having given the Univerfity of Paris fome 
 
 Satisfaftion with Regard to the Mendicant Fryars, who, by virtue ot 
 
 a Bull from Alexander V, incroach'd more than ever upon the Rights 
 
 of the Curates, he flatter'd himlelf that the faid Univerfity would be 
 
 favourable to him upon the Article of the Annates-^ but there he was 
 
 miftaken \ for, through the Sollicitation of the Univerfity, the King and 
 
 issrfoniana Parliament, in 141 1, renew'd the Edict of 1406, by which that Im- 
 
 p. z^, ;2. pofition was lupprefs'd. 
 
 It was obferv'd, in the fourth Book of this Hiftory,, that whett 
 the Co\mc\\oi Conflance was affembled, the King oi France having re- 
 commended to his Amballadors and Deputies at the Council, to 
 caufe the Liberties of the Gallican Church to be therein confirm'd, 
 efpecially in the Article of the Annates^ the latter took that Affair in- 
 to Confideration in leveral Congregations, of which the Curious may 
 lee the Particulars in the lecond Tome of Dom. Martene\ Anecdotes, 
 But the Cardinals ftrenuouily oppofed it. They were willing enough 
 that the Abules which were introduced in that Article fince the 
 Schiim, fhould be reform'd, but they infifted that the Right of the 
 Annates might be fupported. Whereupon they drew up the following 
 Article: ' That the Tax, Ipecify'dinthe Regiftersof the Apoftolical 
 
 * Chamber for vacant Churches and Monafteries, iTiall be paid, in 
 ' order to go towards the Maintenance of the Popes and Cardinals : 
 
 * That If any of thofe Taxes are exorbitant, they fliall be reduced 
 
 * and paid but once for a Church and Monaftery, in cafe it fliould 
 
 * happen to be vacant twice in one Year.' But the French abfolutely 
 infifted on demanding the AboHtion of the Annates, without admitting 
 of the Medium propofed by the Cardinals; which obliged the lat- 
 ter to appeal to the future Pope. The French, on their P:trt, were 
 not wanting to reply. They aufwec'd the Cardinals Appeal by a 
 Proteil:, drawn up in due Form, and with juft Arguments, intituled 
 Apfioli y Refponfto (i), ^c. that is to fay, 1'he Anpwer 0/ //je Gallican 
 
 (i) This Piece was printed among the p- 23. It was afterwards inferted with 
 
 Works of aichUm de Clemange, was re- more Form in the fecond Tome of Dom. 
 
 printed iu the Colleflion of Orthuinut Martene's Anecdeiei^ and, a Year after, ia 
 
 Cratrus, or Bardouin de Graes, again by tiie tew Bificry o{ the Council o[ Con fiance, 
 
 MclTicurs Richer and Dupui, and, laft of by M. Bourgeois de Chafienet, who, proba- 
 
 all, by Dr. Von der hardt, T I Part 15. bly, did not know that it had been 
 
 iJ. Dufin has given an Abridgment of i» in printed iu aU tlic Pkces I have now men- 
 
 thc twelfth Volume of his Biblietheque E(cl. tioa'd. 
 
 Nation
 
 The Hijhry of the Council tf/ C o n s t a k c e. 149^ 
 
 Nation to the Cardinals appealing againft the RefufaJ of the /aid Nation 141 7, 
 io pay the Annates. Dr. f-''on der Hardt^ who has abridg d this cele- Ly~^/^>tJ- 
 brated Piece, has divided it into three Parts. The French Nation de- 
 clares, in the firft Part, that the Cardinals, and partiailarly thole of 
 Pifa, Cambray and Florence, who are Commiffioners in the Atfair,- 
 are blamable tor the Scandal of this Dilpute, becaufe they were for 
 maintaining the Jiiftice of the Annates, contrary to the general Opi- 
 nion of the Nations. I cannot help oblcrving here, that two of the 
 Cardinals, viz. thole of Cambray and Florence, had alter'd their 
 Opinion upon this Article. The former, in his Treatife of the Ne~ 
 cejjity of a Reformation, which he compoled at the Opening of the 
 Council, had fallen unmercifully upon all the Relervations of the 
 Court of Rome, as an Abuft which was likely to ruin both Church 
 and State. The latter had alio expoled it more clearly in his Articles 
 of Reformation prefented to the Council, becaufe he mention'd the 
 jinnatei exprelsly among the Abules which there was an abibluts 
 NecefTity of redrelTlng^ whereas the other had only fpoken of the Re-' 
 ftrvations in general. 'Tis true indeed, that 'tis not very certain whe- 
 ther this Piece was really Zabarella's. 
 
 In the fecond Part of the Failum of the Galilean Nations, there- 
 are the Reafbns that Nation h-ad to demand the SupprefTion of the 
 Annates (i), which were, i. That the faid Impofition was not 
 founded upon any Privilege, nor upon any Dilpofition of Law. 
 2. That, excepting the vacant Benefices at the Court of Rome, there 
 was no Inftance of the Annates being impofed before fohn XXII,. 
 who demanded them from all Benefices, Abbeys excepted, under Pre- 
 tence of a Voyage beyond Sea, and fome other neceffiiry Occafionsj 
 for wliich Reafon the F.ngHf:> had, till that Time, paid the Popes no 
 Part of the Revenues of vacant Abbeys. 5. That afterwards, when: 
 (bme of John XXIFs Succefibrs demanded the Revenues of va- 
 cant Benefices for certain Realbns, the Clergy, the Princes and Laicy, 
 had only conlcnted to it by Toleration ^ and that wlien thofe Ex- 
 actions were exorbitant, ()ppof;tion was made to th^^m in fe%'eral 
 Kingdoms, particularly in Engla_nd ; and that now there was the more 
 Colour for oppofing them, becaule the Realbns, or Pretexts, liich as 
 the Voyages beyond Sea, no longer fubfilled. 4, That no Prefcrip- 
 tion nor Cuftom can be alledged as a Foundation, for Inch pretended 
 Right, becaufe it was never claim'd for ter> Years together, without 
 being oppoled. ■?. That the Schilm having contributed very much to 
 the fomenting of this Abule, there was no Time more proper to resnedy. 
 
 (l) Vt omnino ceffent Annate, i.e. That Gregarf IX, and the third Lateran Covn— 
 there might be nolon^ei my Annates. The cil. T: d. Hardt, T I. Par: VII, p. 28c, 
 frtvtb thereupon quote- the Decretals of iSi, and Part IX p. 518. 
 
 itj.
 
 a 50 The Hijiory of the Council of Ca n s T a n cil 
 
 1417. it, than that when the Nations were to be united under one Heado 
 L/'S/'^^J 6. That thefe Exaftions arole principally from the Appeals to the 
 Court of Romey when there happen'd to be a Competition for any Be- 
 nefice :, becaule then he that promiled the firft Year's Revenue, car- 
 ry'd his Point, which, at ieaft, has fomething of the Face of Simony, 
 if it be not direfl: Simony itfelfj for the y^miates are not paid, becaufe 
 the Benefices are vacant, but becaule they are conferred by the Pope ^ 
 which is very clear, becaule the Cardinals, who are not at the Court 
 of Rome, receive no Part of the y/ra^/fj^ whereas they ought to be 
 fhar'd among all, if they were given by reafon of the V^acancy. 7. That 
 thofe Offerings, which at firft were voluntary, being become Obliga- 
 tions fince the taxing of Benefices by the Apoftolical Chamber, are 
 ■tyrannically exafted by keeping back the Writs of Collation ; and 
 that it often happens that the Perlons induced are obliged to pay the 
 Arrears of their Predeceffors, when it appears, in the Regifters of 
 the Apoftolical Chamber, or of the Cardinals, that there is any thing 
 due, in which too there is often a great deal of Trick and Knavery, 
 8. The Nation concludes, that, by realbn of the Quarrels, Murders, 
 Treafbns, and enormous Scandals, which have been, and are ftill, 
 occafion'd by the /innates, France had been oblig'd to aboli/h them 
 provifionally, that they had demanded of the Pope that they might 
 be entirely aboliih'd, and that they now demanded it of the Council. 
 That 'tis Herely to maintain the Right of the Annates, becaule 
 the exafting of them is tyrannical, fimoniacal, contrary to good Man- 
 ners, ruinous to the Church, the State and Religion, and that it 
 necelTarily involves People in Perjury, every beneficed Perfbn being 
 obliged to fwear that he will alienate nothing from the Church, Mo- 
 naftery, or other Benefice, to which he fliall be collated. That the 
 Pope himlelf is an Accomplice of the Perjury of which he caufes 
 the Commiffion \ for every Pope is obliged to fwear, after his Eleftion, 
 that he will not alienate any Part, either of the Revenues of the 
 Church of Rome, or ofthole of other Churches. That the Appeal of 
 the Cardinals to the future Pope is an Evafion injurious to the pre- 
 lent Council, which is a competent Judge in this Affair \ whereas the 
 Pope cannot be fiich in his own Caule, and in that of the Cardinals, 
 whole Advice he ihould take. That Pope John XXIII. boafted he 
 had a Million leven hundred thouland Florins of Gold in leveral Places ; 
 that it was probable the Cardinals had as much, and that the greateft 
 Part of this Money came from France. 
 
 In the third Part, there's an Anfwer to the Arguments urged by the 
 Cardinals to fupport the Tax of the Annates, The firft Argument is, that 
 all the Churches being derived from that of Royne, 'tis but juft that 
 they fhould all contribute to the Maintenance of the Sovereign Pon- 
 tiff. 'Tis anfwer'd, that every Billiop ought to have wherewithal to 
 
 main-
 
 The Hijtory of the Council of C ONixANc f." 151 
 
 maintain himielf in his own Benefice, and that the Bilhop o^ Rome 14 17. 
 has the fame Right. That, in a Cale of Neceffity, the Pope may c/'V'^J 
 demand a Free Gift from his Clergy, from the Churches of his Dio- 
 cefe, and from thole which hold immediately of his See. That fi- 
 nally the Greek Church is more ancient than the Romijb^ St. Peter 
 having his See at Antioch^ and St. James at Jerufalem^ before ever there 
 was a Bifhop at Rome. The fecond Argument of the Cardinals, in 
 Maintenance of the Annates., was, that they were necelTary for the 
 Support of their Maintenance, in Quality of the Pope's Coadjutors. 
 Upon which, the French diftinguifli the Cardinals into two different 
 Ciafles, viz. their prcfent State, and what they were then. ♦ The. 
 ' Cardinals, fa;^ ibey^ had, at their firft Inftitutioo, the principal Of^ 
 
 * fices in the Collegiate Churches o^ Rome., of which they ftill retain 
 
 * the Titles, and they were the Curates of the Parifhes of the lame. 
 ' Church. For this Reafbn, they were call'd Cardinals, that is to 
 
 ' fay. Principals : Nor was this Name peculiar to the Church of /?ow?(r,. 
 
 * becaufe ^t Ravenna, and elfewhere, there were Churches wherein the 
 
 * chief officiating Clergy were call'd Cardinals. The Office of thofe Gar- 
 
 * dinals, as well Bilhops as Priefts, was to preach, confefs, baptife, i^c, 
 
 * They were obliged to be content with the Revenues of their Bene- 
 
 * fices, as well as others of the Clergy, iinlels when, in Cale of Ne— 
 
 * ceffity, they had Recourfe to the Charity of other Churches. But^ . 
 *- continues the Memorial^ when Conftantine gave the Empire of the 
 
 * Weft to the Church of Royne, the Cardinals quite changed the 
 
 * State of it. This Emperor was willing that the Church Ihould have 
 
 * a Senate, and that the Senators fliould be diftinguifli'd by Orna- 
 
 * ments and a Splendor, to denote their Dignity. The Cardinals are 
 
 * thole Senators, as the Memorial fays, upon the Authority of Pope 
 
 * Innocent (1). 'Tis their Office to be the Pope's Counfellors, as 
 
 * the Lay-Senators are to Princes, In order to maintain this Dignity, 
 
 * Conftantine gave them a certain Patrimony which has fince been 
 
 * very much augmented. And if the Cardinals have liiffer'd it to go 
 
 * to Wreck, or to be ufurp'd by others, they ought either to recover 
 
 * it, or to be content with their primitive State, becauie the Port. 
 *■ which they carry at prefent, is too great a Burden upon the 
 
 * Church, and, according to Ibme, very unneceifary.' Finally, the: 
 Galilean Nation does not pretend to fay in this Memorial, that the 
 Cardinals are the Pope's Coadjutors ( :). This, fays the Memorialj 
 iS a Title which appertains to the Biihops, who, by. Right, are above 
 
 (l) Probably this was inmceni 11. who (i) Peter d'Ai lit calh the Cardinals by 
 
 made them the EleSors of the Popes, or this Name in his Traft, De Ecctef. Catuii. 
 
 Svmcent IV", who gave, tliem the Red GcKer. Roman, Ptntif.AHS. at. Cerfiit.T..lti 
 
 Hat. p-9i9 
 
 5 the:
 
 1-52 The Hijlory of the Council <?/ C o n s T a n c eT 
 
 1417. the Cardinals, becaufe formerly Cathedral Churches were befl:ow'd,s 
 ■L/'S/^^J a Reward, on liich Cardinals as had ferv'd well, and becaufe, when 
 the Church was endow'd, it lettled, in a general Council, the Nura- 
 {a) Kicher^ bgj- q( j-]-,g Cardinals Oomefticks at twenty five, and that of («) the 
 the Council -Bifhops at thirty. * Mean time, continue the French, the Cardinals 
 Lib. U. p. ' ' have liich a Contempt for the Bifhops, and others of the Clergy, at 
 .227. ' this Day, that they regard them little more than their Footmen, 
 
 * and are above putting their Hands to their Hats for any Prelate 
 
 * whatfbever, even tho' he fhould fall down at their Feet to homage 
 ' them (i). But there's no Ring nor Prince would behave fo, be- 
 
 * caufe the Bilhops have leceiv'd their Authority immediately from • 
 "' Jefus Chrili , M'hereas the Cardinals, in that Qiiality, have only re- 
 
 ' ceiv'd theirs from Man.' The third Argument is deduced from the 
 Power, which the Pope and Cardinals pretend to be polfels'd of^ to 
 receive the Annates of Prelacies, efpecially in the Kingdom of France. 
 'Tis anfwer'd, i, as above, by laying, That this is a PoffelTion 
 founded upon no Title, and that it has been only praftis'd by a To- 
 leration and Permifllon, which may be revoked at Pleafiire. :. That 
 the Impofitioa is inliipportable (0), the Revenues of vacant Cathe- 
 drals and Abbeys in France amounting, according as they are tax'dby 
 the Apoftolical Chamber, to fix hundred and ninety feven thouland leven 
 hundred and fifty Franks of Gold (^), which would amount to near 
 ■ieven Mitlioos for all the Nations, without reckoning the Prelacies, 
 and other inferior Benefices, which are not tax'd, and which amount 
 to altogether as maich. 5. That the Cardinals are in PolIelTion of 
 fix Cathedral Churches in France^ and other Benefices, which they 
 See D«f/», ought to be content with, without demanding the //;2»i?/«. 4. That the 
 T.XII. p. 14 />-^;,c/j j4ation is more charged than all the others pur together : That 
 2- England anly pays the Apoftolical Chamber for the Bifhopricks, 
 
 which are not many, and that the EngUJI) don't fufter the Cardinals 
 to hold any Benefice there : That in fome Parts of Spain nothing at 
 all is given to the laid Chamber : That in Italy the Prelacies and Fcce- 
 fiaftical Benefices are of very little Value j and that even the Temporal 
 
 {i) Nee pro quoninque Piaelato, etiam Thk for FMwe alone amounted to near 
 
 prono adorante eo.s in terra, pouerent four Millions (even hundred thoufand 
 
 manum ad capcllum, uhi fiipr. Livres, and a great deal more, according 
 
 (£) Nam Taxa Vacantiarum, fccuu- to the Calculation prcfented to King 
 
 dum quod defcriptum eft in Libris Came- Lewis XI. by the Parliament of Paris, in 
 
 jx. Apofiolicae, dc Eccltfiis Cathediali- his Defence of the Liberties of the G;?//;- 
 
 bus, & Abbatiis Gallianim taxatis, ad- ctn Church againft the Court of Rome. 
 
 icendit ad fexccnta nonaginta feptem This Piece, which is worth the Perufal, 
 
 tnillia feptingenta quinquaginta Franco- may be found in the Supplement to D«a- 
 
 lum (697750.) Richer, Lib. II. p. 2«8. ren's Traft, De Sacris EccUfi* Mioifieriii 
 
 (5) It was worth fcvenLivrej. See L« & Benefciif. M. le Duchat. 
 Slam, p. 217, of his Treatife of Ctim. 
 
 Lords
 
 The H'tjicry of the Council tf/' C o n s t a v c e .' 153 
 
 Lords and the Commonalty, whenever they pleafe, hinder the Apoftolical 1417- 
 Chamber from receiving any Part of the Revenues. Upon this Oc- 
 cafion, the French bring the Repiiblick of Florence as an Inftance \ 
 John XXIII. having confer'd an Abbey there upon an improper 
 Perlbn, the Florentines depriv'd him, for feven Years, of the Right 
 of conferring any Benefice in their Country. Neither the Pope nor 
 the Cardinals oppoied it, and all that while they were deprived of the 
 Annates. That there are Provinces and Dioceles in Germany where 
 the Pope receives nothing, and where even the Apoftolical Letters 
 are not receiv'd, if the Biihops are not in the Humour, who often 
 refufe to give their Vidimus^ or Certificate, that they have leen them. 
 The fourth Argument has two Foundations > one, that the Pope 
 and Cardinals employ the Annates to the common Service of Chriften- 
 dom i the other, that they could not live without the Annates^ be- 
 caufe the Patrimony of the Church has been wafted by the Schifm. 
 As to the firft Plea > 'tis anfwer'd, that it would not be juft to re- 
 flile Affiftance to a good Pope, who ihould labour heartily, and let- 
 ting eveiy private Interefl: apart, for the Edification of the Church, 
 and the Salvation of Souls, and who fhould adminifter Juftice faith- 
 ftjlly. As to the Cardinals, 'tis anfwer'd, that if nothing is due but 
 to thofe who ierve, there's a great Number of them who not only do 
 no Service at all, but a great deal of Hurt. As to the fecond 
 Plea, viz. the wafting of the Patrimony of the Church, by 
 reafon of the Schifm ;, it is anfwer'd, that, by alledging this Rea- 
 Ibn, they difcover their own Turpitude ^ that the Cardinals are they 
 who elected the Popes during the Schifm •, that they have been cholen 
 out of their College > and that if they have pitched upon Squanderers, 
 inftead of elefting better Men according to their Oath, they have 
 none to thank for it but themtelves. The fifth Argument, which the 
 Cardinals urg'd for their Appeal, was, that v/hen they were about to 
 deliberate with the French Nation on the AiTair of the Annates^ they 
 were intimidated by the Menaces of Ibme Princes, and had no Li- 
 berty left them. The French^ upon this Article, plainly give the 
 Lye to the Proclor Scribanis^ and anfwer, by way of Recrimination, 
 that the Cardinals are the Men who have inceflantly fcatter'd Terror 
 in the Debates, by the Menaces and Affronts with which they have 
 treated the Prelates, and other Perlbns of Diftinftion of the French 
 Nation, as well as their Officers, even (b far as to make them fearful 
 of lofing their Employments: That they gain'd over others by the 
 Hopes of fbme Advancement \ that they affembled their own Officers 
 under the Nofes of th€ French Nation, to clamour againft them, and 
 to difturb their Confultations^ that not being able to effe£l this, they 
 had fummon'd an Affembly of the Prothonotaries, Auditors, Scri- 
 VoL. II. U veners,
 
 jlirher ubi 
 
 154 The Hiflory of the Council <?/ Constance, 
 
 141 7. veners, Curfitors of the ^ourt of Rome^ and the very Tradelhien, 
 and rcprefented to them, that the French Nation alone was bent upon 
 the Deftruclion of the Eltabhfliment of the Pope, the Cardinals, the 
 Court o'y Romc^ and the Apoftolical Ciiamberj and that there was a 
 Neceffity for finding out a Way to hinder their Prctenfion from 
 gaining Ground in the Aflembly of the other Nations^ that, infhort, 
 they had made fnch a Noife, and fet lb many Engines at work By 
 their Oppolition and Clamours, that, upon this OccaGon, there had 
 hte to have been an Infurredion againft the French. The fixth Ar- 
 gument leem'd to be alledg'd to falve the Acculation of Simony, viz^ 
 that the Obligation to pay the Annates^ is real, and not perlbnal, 
 ?hat is to lay, annexed to the Benefice, and not to the Perfbn. The 
 French thereupon appeal to the Pro£lor's own Conlcience, and fhew^ 
 from fevcral Realbns, tliat this Obligation is perlbnal, or that there 
 never was any fuch in the World. This is prov'd by the Contraft which 
 is made at Rome with the Peifon that is to be promoted, whereby he 
 engages his Perlbn, and his Monaftery or his Church, to pay what 
 is demanded of him, or elfe he cannot receive his Writ of InduO:ion. 
 In Clemangcs, in Richer^ and M. Foti der Harclt-^ there's the Form of 
 /)<?" p. 2^8 '^^ Obligation at length, which is carefully and fecretly preferv'd 
 r. d HarM, by the Cardinals in the Apoftolical Chamber. 'Tis too tedious, and 
 T. 1. p. 7 86-, abounds too much with the Law-Terms, to be inlerted here; buf, 
 'I'^'i- however, 'tis neceflary to give the Subftance of it. The Prelate, who is 
 
 collated to any Benefice, declares, i . That freely, of his own Accord, 
 and by the Apoftolical PermifTion and Authority, he promileth to give, 
 and aftiially doth give, to the Pope's Chamber, and to the College, 
 of the Cardinals, for the ordinary Service, fuch a Number of Flo- 
 rins of good Gold of the Chamber, and the five cuftomary Ser- 
 vices for the Domcfticks and Officers of the Popes and Cardinals. 
 •X- He enters into an Acknowledgment to the Chamber, the College, 
 and the laid Officers, for the Sums in which his Church has been en- 
 gaged by any of his Predecelfors, 3. He promifes to pay thole 
 Sums to the Court of Rome^ wherefoever it be, at three Terms therein 
 mention'd. On failure of Payment, he engages to repair to the 
 Court of Rome four Months after the Extirpation of the Term, and 
 to appear in Perlbn before the faid Cardinals, or their Succeflbrs, and 
 not to depart from tlie Court till it is iatisfy'd. 4. For this Sum, 
 he engages his Perlbn, his Church, his Succelfors, the real and per- 
 lbnal Eftate of that Church, prefent and to come, wherefoever 'tis fi- 
 tuate, and fubmits himfelf to the Jurifdiftion and Procefs o^ the 
 Popes, Chamberlains, or their Succeflbrs. 5. If he does not nerform 
 all thofe Engagements which he voluntarily, and at his own Requeft^ 
 caters into, he is decki'd &%en<kd from stll Spiritual and Temporal 
 
 Admini'-
 
 The Hijlory of the Council <?/ C d N s t a K c il 1 5 5 
 
 Adminiftratlon of his Church, fubjeft to the major Excommunication, 1417. 
 
 and to other Pains, which fhall be aggravated, according as it fliall 'w^-v'^^-^ 
 
 pleale the Court of Rome, and this without other form of Proceis. 
 
 6. He renounces all manner of Privilege, or Apoftolical Conceflion, 
 
 obtained, or to be obtain'd, againfi: this Obligation, all Appeals and 
 
 Reftitutions in integrum, all Tribunals, Ulages, Prefcriptions, and 
 
 other Methods, founded oh the Canon or Civil Law, for revoking 
 
 iiich Grant. Finally, he fvvears, upon the Holy Gofpels, to obfcrvc 
 
 this Treaty exaftly, and not to contravene it directly or indirectly, 
 
 either by himfelf or by another. The feventh Argument which the 
 
 Cardinals made ufe of to hinder the coming to anyConclufion upon the 
 
 yfnnates, was, that there ought to be no Innovation while the Emperor 
 
 and Peter (ie Luna were in Conference and in Treaty (1), for fear of 
 
 obftrufting the Union of the Church, confidering that the taking away 
 
 of the yimatcs would tend to the Reproach of all Chriftendom. 
 
 'Tis anfwer'd, that, on the contrary, there is nothing can do more 
 
 Honour to Chriftendom than to take away an Occafion of committing 
 
 lb many Crimes and Scandals, becaufe, by the Annates, the Churches 
 
 are deftroy'd and min'd, the Clergy opprefs'd, the Pulpits fill'd with 
 
 ignorant and vicious Paftors, and the Intention of the Founders fru- 
 
 ftrated. That, fince the fame were eftablifli'd, there was no Poflibi- 
 
 lity of exercifing either Juftice or Charity. That the taking off the 
 
 Annates is a thing lb far from an Innovation, or an Infraftion of any 
 
 Treaty, that, on the contrary, the Emperor and the Kings, as well 
 
 as all Chriftian People, would accule the Council of not having done 
 
 its Duty, if they fhould leave ib great an Abufe fubfifting. That 
 
 there was no Good to be expe'led from Peter de Luna, and that 
 
 thofe of his Obedience would only be the more ready to abandon 
 
 him, and to unite to the Council, if they law it take vigorous Mea- 
 
 fures for the Reformation of the Court of Rome. This was the Sub- 
 
 ftance of the Proteftation of the French, which I have placed in the 
 
 Fortieth Seflion, becaufe then it was that the principal Articles of 
 
 the Reformation were drawn up, and becaule Mejfiettrs Richer and 
 
 Dupin^ both eminent Doftors of the Sorbonne^ have given it the feme 
 
 Place. 
 
 LXXXVII. The Conclave had been prepar'd, in the mean time, The Cou- 
 for the Cardinals to enter it without Delay. There were fifty three clave. 
 Rooms for each of the fifty three Eleftors, '•ciz. thirty Deputies ^^- ^- 
 of the Nations, and twenty three Cardinals. Each had his Apartment ^ iv^p*^ ' 
 adign'd him by Lot, and every one let up his Name and Arms at j^^o. 
 
 (i) It appears from hence, that this Emperor in 1416, tho' it is generally 
 Crtnteft atofe before the Return of the placed in the Fojticth Seflion. 
 
 Us the
 
 1 56 The H'ljlory of the Council ^/ C o n s t a n c e^ 
 
 1417. the Door, according to Cuftom. When all was ready, the Emperor 
 \^^-^--v_ cauled an Edict to be ptibiifli'd by Sound of Tniinpet, whereby all 
 Ail'- 7. Perfons were forbid to go within a certain J3i{Jance of the Conclave 
 all the time it was fhut up. The Count //^ Papenheim MarlLal of the 
 Empire, and Henry de Helm Conful oi Conftance^ march'd at the 
 Head of the four Heralds, who read the Edict j one in Latin, the 
 lecond in German, the tliird in Italian, and the fourth in French, to 
 the end that no body might have room to plead Ignorance. But 
 why was it not alio read in Spanifl}, becaule there were five Nations, 
 of which the Spanijh was the moft touchy ? Whatever was the Rea- 
 Ibn, the Edift did alio prohibit the feizing upon the Houft of that 
 xejVJ.fbl. 35. Cardinal who fhould be cholen Pope, and the plundering it, accord- 
 ing to the wicked Cuftom of the Romans. 
 SESSION LXXXVIII. This is what we Ihall now fee confirm'd in the 
 Forty XLIfl ScfTion, at which the Emperor was prefent. After the Mais, 
 ^^/- which was celebrated by the Cardinal g£ St. Mark, thz Bifliop of Lo^i 
 
 r. I^H.irdt preach'd a Sermon upon thele Words, Look even out the bejl ( t ). Perhaps 
 T. IV". p. ' it would not have been amifs to have added tlie Words which follow in 
 1461 ■ that Pailage, according to the Vulgate Verfion, yind him that pkafeth 
 
 you (2). It muft be own'd, however, that the Prelate very ftrenu- 
 oufly exhorted the Fathers to behave in this Choice with a good 
 Confcience, without Fraud, Faftion or Caballing, and without any 
 r ^. uanit, other Refpect than to the Good of the Publick. For this Purpofe, lays 
 T. I. p.?? I. he, all they have to do is to chufe a Pope who has all the Charailers 
 oppoftte to thofe Pharifees, that is to lay, to thofe Sovereigns ivho have 
 ravaged the Lord's Sheepfold for near forty Tears. He does not diflem- 
 ble, that there are feveral among them who are come to the Council 
 under Colour of the general Good of Chriftendom, but at bottom 
 mean nothing more than their own Interefts. After thefe Refleftions, 
 he enters mors particularly into the Defcription of a good Pope, and 
 makes his Goodnefs to confift in thele three Characters j the Purity of 
 Manners, Do&rine, and Capacity or IVifdom in the Government of the 
 Church. ' What a horrid Abufe it is, fays he^ to- be oblig-'d to call an 
 
 * infamous wicked Man Moji Holy! Take Care not to give St. Peter''s 
 *■ Chair to a Geljaft, a Judas, or a Simony unlels you are willing to 
 ' lell Jeliis Chrift again, and to crucify St. Peter at Rome. There is 
 ' Need of a good Pilot to a Ship that is leaky on all Sides, whole Sails 
 
 * are torn, Anclior loft, and Mafts Iplit in Pieces. There is Need 
 
 * of a good Phyfician in a Plague-time, and when both the Sheep 
 
 * and Shepherds are gone aftray, there is a Neceflky for a Paftor, of 
 
 (0 Eligitc melforcm, 2 Kings x. «. J, 
 t2), Et eum ^ui vobis placucrit.. 
 
 * consummate
 
 The Hiftory of the Council of C o n s t a n c e. 157 
 
 * confummate Abilities, to bring them back into the Bold.' The Cha- 1417. 
 rafter he gives of a good Paftor is very beautiful, 'Tis pity that it 
 only remains a Charafter, without being anfwer'd: Chufe one^ iays 
 he, luho^ zvith regard to Kings, may prove a John Baptifl: j 'vjith regard to 
 the Egyptians, a Moles \ with regard to Fornicators^ a Phineas ■, with 
 regard to Idolater s, an Elias \ with regard to LiarSy a St. Peter ^ with 
 regard to covetous Alen, an Elilha -^ with regard to Blafphemers, a St. 
 Paul i and with regard to Buyers and Sellers, another jeliis Chiift. 
 
 After this Sermon, the Prefident read the Golpel, beginning ac 
 thefe Words, If ye love me, ye will keep my commandnmjts. Uhen all 
 the other Ceremonies were perform'd, leveral Decrees were read, 
 which are not rank'd in the lame Order in the ieveral Aits of this 
 SelTion. As 'tis a Matter very indifferent, I ihall follow that which 
 appears to me moft natural. In the firft Place therefore, a Conftitu- 
 tion of Clement VI. (i) was read, concerning the Regimen of the 
 Cardinals in the Conclave. Whereas Gregory X. (.) only permitted 
 them to be attended by one Servitor a-piecc, whether Clergyman or 
 Layman, except in Cafe of evident Neceffity, this Bull permitted them 
 to have two, who were to be in the Cardinals own Room with- 
 out any Partition between them. Befides Bread, Water and Wine, 
 they are allow'd for their Dinner and Supper one fmgle Difh of 
 Meat, Fifh or Eggs, with a Soup of Flefh, or of Filli, and fait 
 Meat, a Sallad, Cheefe and BVuit. They are not allow'd to eat to- 
 gether, nor to partake of one another's Dilhes, And as to their Beds,, 
 they are only to have one plain Curtain, juft for Convenience and 
 Decency. 
 
 When this Bull was read, the Archbifhop of M7«» read the Bull 
 of the Articles which the Electors of the Pope weretofwear to. The 
 firft was, that in ten Days Time, computing from the 8th o( No- 
 vember, they fhall enter the Conclave for the Eleftion. 2. That they 
 Ihall only have two Servitors a-piece, either Clergy or I^aymen, at 
 their own Choice. 5. That thofe Domefticks fliall keep in the lame 
 Chamber, without any Partition or Curtain between them, except 
 at Night when they are a Bed, and in the Day Time, when they 
 lye down to reft. ^. That when the Electors are enter'd into the 
 Conclave, it fhall be fo dole fliut up, that no body can go in or out 
 of it, unlefs it be to go to the Privies j and that no Perfon without 
 Doors fliall be admitted to Ipeak to them, but with the Conlent of 
 all the Elettors. 5. That no Meflenger nor Letter ihall be fent to 
 thera. e. That there Ihall be one Window in the Conclave, by 
 
 (1) He had his See at Avignon towards (2) In the fecond Council of tytnS' in 
 ihc Middle of the XlVth. Century, x 1 74, 
 
 whkiJ
 
 153 The Hijlory of the Council of C 6 n i T a >i ci". 
 
 1417- which the Difhes ftiall be handed in to the Eleftors, and thofe who 
 attend them ; but that this Window fhali be lb contriv'd, that no 
 Perfon can get through it into the Conclave. The feventh Article 
 contains the Regimen prefcrib'd to the Eleftors, the fame as above. 
 8. That none of the Eleftors fliall be compell'd by Force to enter into 
 the Conclave, unlefs they all refule to enter, in which Cafe they fhall 
 all be compell'd to go in. 9. That when any Elettor has a mind to 
 come out, he fhall have Leave: And if it happens that all go out 
 before the Pope is cholen, they fhall ail be obliged to return to the 
 Conclave, except thofe that are ficic : But that he who fhall go out 
 for any other Caule than Sicknefs, fhall not be admitted to return to 
 it again, unlefs it happens that all go out. 10. That if he who goes 
 out for his Health, or if the others that are abfenr, return before the 
 Pope is elected, they fhall be admitted to deliberate on the then State 
 of the Affair as it flands at their Arrival. The Keepers of the 
 Conclave fhall be obliged to fwear that they will fee all thele Articles 
 oblerv'd inviolably, but not to put any Conftraint either upon the 
 Cardinals, or the other Electors. And if it be necefiary to appoint a 
 greater Number of Keepers, they fhall fwear to the fame Articles. 
 In cafe the Emperor be prelent, he fhall fwear fitting on his ThrcMie, 
 ilipported by two Cardinals. 
 
 When all thefe Articles were read, the Names of thofe that 
 were chofen to keep the Conclave were call'd over. The Afts of 
 Leipfick only mention fifteen of them, viz. the Elector of Branden- 
 hotirg •, William^ Count of Henneherg j, Philibert, Grand Matter of 
 Rhodes \ Brum de Scala, Lord oiFerona^, John Raymond Floch^Co\mt 
 deCm'dona-j Ferdinand Peter tTyiyala, a Gentleman diCaftiUe\, Martin 
 Ferdinandi^ Raymond Xatimt, Spanijh Gentlemen ^ Berthold^ Count 
 ^es Urfins\ Gonibier^ Count de Scbimrtzembourg^ Lewis ^ Count d'Ot- 
 iingen\ Humbert., a Gentleman of Savoy., t^'^g^-, Count de Heiligen- 
 ierg-^ San^iuf rind S/aniJlaus, Gentlemen of the EmbalTy o? Poland. 
 The Aiks of Brunfiuick and Gotha mention twenty four Keepers of 
 efee Conclave, among whom there are Prelates, (particularly, tht 
 iirchbifhop of Befancon., and the Bifhop of Mersbourg) Prothono- 
 tarics and Doftors ^ I apprehend that there is Ibme Mifhke in this 
 Lift. After liaving thus call'd them over, the Articles that have 
 juft now been mentioo'd were refwd Co them, both in Latin and High 
 Bittthy to the end that they might fwear to obfervc them. Tho' the 
 Emperor be not in the Lift of the Keepers of the Conclave, it 
 feeras, however, that he was to have been one of them, in cafe of 
 NecefTity, becaule he fwore to caufe the faid Articles to be obferv'd 
 befoce two Cardinal Bifhops appointed^ to take his Oath. The Em- 
 peror fat on his Throne while he laid his tfcmd od the Gofpds and 
 
 Crucifix j
 
 The Hijlory of the Council ^/Constance. ^5^ 
 
 Crucifix^ whereas the others took the Oath ftanding before the 141 7. 
 PreGdenc of the Council, and laying their Hands in like Manner on L/'VNJ 
 the Crucifix and Gofpels. Afterwards the Oath was adminifter.'d tO' 
 the Clergy who were appointed to exannine the Provifions, Diflies 
 and Glalfes that were to be carry'd to the Conclave. Thefe were the 
 Bifhop of Concordia and the Abbat de T'ormes for the Cardinals •, a 
 Prothonotary for the Italian Nation \ the Archbifhop or5^/^«fo« for 
 the French Nation ; the Bilhop of Menbourg for the German Nation \ 
 an EngliJ}} Prelate for the Englifi Nation ^ and the Dean of the Church. 
 of Segovia for the Spaniards. 
 
 After this folemn Aft, the aforefaid Archbiihop of Milan 
 named thole who had, by the Council's Order, been alfociated with 
 the Cardinals for electing a Pope. We will firft give the I^ift of the 
 Cardinals, and then that of the Deputies of the Council 'Tis plain 
 there were but twenty three Cardinals in the Conclave, tho' Ibme 
 make them more, as TrithemiuSy who reckons up thirty two (i)» 
 BzoviuSf who makes them twenty four, Ciaconius twenty eight, and 
 others lefs, as Gohelin, Perfonay and leveral others who make them 
 biit twenty one. But all the Adts of Germany mention twenty three,, 
 whole Names are as follow, according to the Order in which they 
 ftand in the Acls of Brunfwick. 1 . John de Brogni, a Frenchman^ a 
 Cardinal, Bifhop of OJiia and f^eletriy Dean of the Cardinals, and 
 Vice-chancellor of the Church of /?o«f^ j 2. Angelo de Anna^ Native 
 and Bilhop oi Lodiy Cardinal de Palejlrina; 3. Peter Ferdinand Frias^^ 
 a Spaniard^ Cardinal of St. Sabina ; 4. Jordan des UrfinSy a Roman^ 
 Cardinal ofSt.Albany Grand Penitentiary ^ 5. Anthony Corarie, ?t Fe- 
 netian. Cardinal de Porto ; thole five were Cardinal Bilhops •, 6. Francis 
 Laudi^ a Venetian, Fatna.rch of Cenjiantinople, Cardinal de St. Croix;. 
 7. John Dominic, n Florentine^ Cardinalof ^/. i'/x/«;^ 8. Anthony Pan- 
 eerin oi' Friuli, Patriarch of A quilej a, C^Ydinsl de St. Sufanna , p. Ala- 
 mand Adimar, a Florentine, Cardinal of St. Eufebius; 10. Gabriel Con- 
 dumier, a Venetian, Cardinal ot' St. Clement; n. Peter d'Ailli, a. 
 Frenchman, Cardinal of St. Chryfogonus, known by the Name of Qitt- 
 ^m^l of Cambr ay ; 12. 1'homas Brancas of Naples, CjiiAitaX of St. Peter 
 and St. Marcellinus ; 15. Branda de Cajlillon, a Milanefe, Cardinal of 
 St. Clement ; 1 4. Angela Barbadico, a Venetian, Cardina.1 of St. Mar- 
 eellin and St. Peter -^ 15. William Ftllaftre, a Frenchman, Cardinal of 
 St. Mark; 16. Simon de Cramaud, a Frenchman, Cardinal of St. Lau- 
 rence, known by the Name of the Cardinal de Poitiers; ij. Anthony 
 deCballant, & FrenchmaHy C^-xdinul of St. Cecilia; 18. Peter d» Foix- 
 
 (i) VndQubtcdly 'us an Eirox of ikc PieC, £w s-l TrUi. S^jp. Hirfiitg. T. II. 
 ••J57. •^^'-^ ' ^- 
 
 of
 
 i6o . The Hiftory of the Council of Cons ta n c e.' 
 
 1417. o^ Jrragony Cardinal de St. Stephen-^ thele were Cardinal Prlefts; 
 K^/'y^\^ 19- Lewis de Fiefque, a Genoefey Cardinal-Deacon 0^ St. Adrian:, 2c. 
 Amadeus o^ Saluces^ Cardinal-Deacon of new St. Mary; 21. Rainaud 
 de Braficas, Cardinal-Deacon of St. Fite and St. Modefius ^ 22. Otho de 
 Colonna, a Romany Cardinal- Deacon of St. George's in p'elabro\ 2:;. 
 Lucido de Conti^ a Roman^ Cardinal-Deacon of St. Mary in Copnedin. 
 Ciaconius adds Le-juis de Bar, a Spaniard, Cardinal Bifhopofi'/-^«/rfi 
 Bandello de Bamlcllis oi" Lucca, Cardinal Prieft ofSt.Sufanna; James 
 de rifle of Bologna, Cardinal Deacon of St. Enflachius ; Peter Morofini^ 
 Cardinal Deacon of St. Mary in the Broad Way. I am Hire this Au- 
 thor is miftakcn, and thefe are my Reafons for it. There appear'd 
 to be but twenty three Cardinals in the foregoing Seflion, in which we 
 don't perceive that any one ablented on account of Sicknels, or any 
 other Caufe, and, among thole twenty three, I don't 'hwdi P eter Mo- 
 Cmun ab. ^ofini. But what is particular is, that Ciaconius himfelf reckons Peter 
 Mart.Y. p. Morofini among the ablent Prelates. If lb illuftrious a Cardinal had 
 SS4. been of the Conclave, he would infallibly have been put down in the 
 
 Lift. He had been employed in very important Affairs under ieveral 
 Popes. Alexander V. had lent him into Hungary to aflift the Emperor 
 JD^S 16 Sigifmond with his Advice againft the Turks. After his Return 
 ■ ° ' from that EmbalTy, w^hich was unfuccefsful, he went to Conflance, 
 where, 'tis laid, he fignaliz'd himfelf very much by his Zeal for the 
 , Union of the Church. As he was of Gregory XII's Obedience, he 
 ^ ■ ' ' was united to the Council with the other Cardinals of the fame Obe- 
 3 J 8. dience. Martin V, when cholen, lent him to Naples to cwwn Joan 11. 
 
 He died in 1424. As for Lewis de Bar, I don't remember to have 
 leen his Name in any one Seflion, tho' he was not lb obfcure a Car- 
 'Kill Chron ^inal as to be pafs'd over. He was Son to Robert I. Duke of Bar, 
 d'Efp. p. 38 J. and oi' Alary Sifter to Jobn I, King oi France, Brother to Fiolanle {a), 
 (*) Toianda Qiiecn oi Arragon, and Coufm to the En^peror Sigifmond. He was 
 created by Benedict XIII, from whom he detach'd himfelf, and 
 . ^^ . join'd to the Council o{ Pifa. He recogniz'd Alexander V, and after- 
 s'fnedic^ll. wards Jobn XXIII, who made him Bilhop of Porto. If a Prelate of 
 p. 740. fuch Importance had been at the Council, furely the A£l:s would 
 have mention'd him. I lay the lame of Jaf/tes de Lifle ; to which I 
 add, that as he was Legate at Rome on the Part of the Holy See, and 
 Governor of that City, which was then expoled to the Invafions of 
 the Italian Princes, he could not quit that Poft to come to Conftance ; 
 >. ^ ,. and Ciaconius numbers him too among the ablent Prelates. As to 
 /«>. p 772. Bandello de Bandellis ; Onupbriuf, and the Jefuit Oldoin, tell us, that 
 onupbr.pcni. he died in 141 5. 
 
 ii<»jf ijj. We come now to the Lift of the Deputies of the Nations, which 
 
 is as follows. The Patriarch of Cotiftantimple, the Archbilhop of Riga, 
 
 .3 "^ the
 
 The Htjlory of the Council <?/ C d n s t a n c e . 1 6 1 
 
 the Archbiihop of 5(?«;'^^i', the Archbifhop of G«e/»«r, the Archbilhop I417. 
 of Milan, the Archbiihop of 7o«r^, the Bifhop of iL(/3^/tf», theBifliop 
 of Cuencay the Bifhop of Bath^ the Bifhop of Badajox^ the Bifhop of 
 Geneva, the Bilhop of Meauxy the Biihop of Feltriy the Billiop of 
 Dax, the Bifhop of Tr^w, the Bifhop oi Litchfieldy the Bifhop of AV- 
 'wich, the Bifhop of Penna, the Abbat de Cluny, the Abbat of Sr. 
 Mary's in York, the General of the Order oi Dominicans, the Dean 
 of York, the Archdeacon of Bologna, the Prior of Rhodes, and fix 
 Do£lors of divers Nations. Afterwards it was propofed to nominate 
 two or three Deputies, on the Part of the Cardinals, to determine 
 fuch Difficulties as might arile among the Keepers in relpe£l to the 
 Conclave. I don't find, in my Adb, who thofe Deputies were. 
 They then proceeded to the reading of three other Decrees of the 
 Council. The firfl forbad, by a perpetual Edict, the pillaging of the 
 Houfe of the Cardinal eled, as had been the Cuftom, in whatfoever 
 Town the Eleilion fhould be made, on Pain of Excommunication 
 ipfo faElo, and of Deprivation of the Eftates and Dignities of the 
 Authors of fuch Afts of Violence, and of an Interdi£t againfl the 
 City where they fhall be committed. The Pretext for thefe Afls 
 of Violence was not a very bad one. It was this, that as the 
 Perfbn elefted a Pope was, by that Means, arrived to Riches be- 
 yond Meafure, he could no longer ftand in need of any thing. We 
 find, by this Decree, that they not only pillai^ed the Houle of the 
 Perfbn elected, but alfb very often plunder'd the Houfes of feveral 
 Cardinals, upon current Reports, or made Stories that they were 
 elefted (1). And Ibmetimes too the Houfes of all the Electors, and 
 of all the Conclavifb, were expofed to thefe popular Infults: The 
 Council calls this Cuftom a ivicked Aiidacioufnefs and Prefumption. 
 The other Decree annull'd and made void all Proteflations, Engage- 
 ments, Oaths, i3c. enter'd into already, or hereafter, by any Perfon 
 whatfoever, againft the Freedom of the prefenc Eieftion. The third 
 fiilpended all Bufinels during the Election, except the Audiences of 
 the Apoflolical Chamber. All thele Decrees were approv'd by a 
 Placet, which the Prelident pronounced for the whole AJiembiy. The 
 flime Prefident declar'd afterward?, that the Decree which the Coun- 
 cil hadpafs'd concerning the Ereedom of the City of Co«/?rt«c(?, fliould 
 have the fame Force as if it had been novv read. Publick Prayers 
 were enjoin'd, and the City of Conflance was declar'd a Place of Secu- 
 rity and Freedom for the Election of a Pope. 
 
 (i) This was the Praftice at nowe at was chofen, went and plunder'd his Pa- 
 theElcftion of Vrhan VI. Tiic People lace, ni^kory of the Council of Pi/a. Part I. 
 blinking that tlic Cardinal de St. Vierre p. 12. 
 
 Vol. II. X LXXXIX. Tii£
 
 1(52 The Htjiory of the Council i>/ C o n s t a n c e." 
 
 141 7. LXXXIX, The Hime Day, about Four o'Clock in the Afternoonj 
 v_/<~V^^ ail the Eleftors entei'd the Conclave. The Emperor was gone before 
 TheEkaorsco the Epifcopal Palace, to which they were all to repair before they 
 enter d-12 ^^,j. thcmfelves up. At their Arrival, he alighted from his Horle, 
 -^ib aPo^pe ''"'^ received them at the Gate of the Palace with fo many Marks of 
 Relpeft and Devotion, that from many of them he drew Tear?. 
 U'hen they were entered the Palace before the Cathedral, they all fell 
 on their Knees \ and, while they were in that Pofture, the Patriarch 
 of Autiocb, accompany'd by the Clergy, with the Crofs, and a great 
 Number of Wax Tapers, born before them, went out of the Church, 
 in his Pontiiical Habit, and gave them his BlelTing; after which 
 . . ^ , they arole, and went to the Conclave. The Emperor was there firft, 
 ^P {\r"p ' taking each of the Eleftors by the Hand to lead them in, and ear- 
 i4.;9- neltly intreated them to chuie fuch a Man as they thought moft worthy 
 
 of the Triple Crown, without Partiality and Wrangling. They then 
 enter'd the Conclave by Torch-light, the Day-light being fhut out 
 on all fides. They each took but one Man to wait ©n them, though 
 they were allovv'd two a-piece ; fo that the whole Number of thole 
 that were ihut up in the Conclave amounted to one hundred and fix. 
 Being enter'd with the Emperor, he caufed them all to be fvvorn, 
 that they would chufe a Pope of Piety and good Alanners, capable of 
 reforming the Church, and one that would aftually reform it. After 
 the Oath was adminifter'd, the Emperor went out, and the Conclave 
 ■was lock'd up. All the Meafures pofl^ble were taken for the Security 
 of this Place. Two Princes, with the Grand Mafter of Rhodes^ 
 kept Watch at the Gate, Day and Night, with the Keys hung about 
 their Necks-, and upon the Steps there were fix Soldiers, who were 
 enjoin'd to lb profound a Silence, that they were not heard to fpeak. 
 Before the Houle where the Conclave v/as, a Table was placed, at 
 which lat the Bilhops and Doftors appointed to learch the Difhes car- 
 ry'd to the Conclave, for fear left fome Letter, or feal'd Billets, fliould 
 be convey'd in the Difhes or Cups. After this Search, the Grand 
 Jvlafter of Rhodes carry'd the Dilli or Bowl, in which was the Meat 
 or Drink, to the Window, and gave it to the Servant of him to whom 
 the Veffel belong'd, who, at the fame Time, returned back that in 
 which any Meat or Drink had been brought to him before. 
 '■stsi S Next Day the Eleflors began it with Exercifes of Devotion, 
 
 in which the Cardinals de Fiviers and St. Mark were the Minifters 
 that officiated, and by a Sermon, wherein the firft of thofe Cardinals 
 exhorted the Fathers to have no View to any thing but the Publick 
 Good. Devotion was as hot without the Conclave as within. A 
 Procefiion was made round it j the Relicks of the Saints were ex- 
 pctfed, and the Fcni Creator ^ wWcli is the Hymn of the Holy Ghofl-, 
 
 was
 
 The B'tftory of the Council ^/Constance, 1^5 
 
 •was fling upon the Knee, but fb low, that it was no Interruption to iai-t, 
 the Conclave. After thele Devotions were ended, they return'd to \.>'-~v~nj 
 the Cathedral, to pray to God for a happy Iffue. Mean time, let 
 us fee what pals'd in the Conclave, as we have the Accounts from 
 Dacber, a Writer of that Time, who was prelent at the Council, and 
 was well inform'd of it by the Prothonotary of the Archbilhop of 
 Gnefna, who was in the Conclave with his Mafter. 
 
 XC. It had been agreed by the Council, that he wlio Jiad two 9'*P"-^'^' »" 
 thirds of the CardinalsVotes, and ofthofe of the Deputies of each '''''^'*"'-'^''^- 
 Nation, fhould be own'd to be lawful Pope. They who enter'd the 
 Conclave to attend upon the Electors, and who were Notaries, took 
 the Votes feparately, and put them down in Writing. The two firll 
 Days they had much ado to agree, becaufe of the Divilion of the 
 Votes } for fome had twelve, others nine, fome fix, and others four. 
 According to the Report of Bzozius {a)-., the Cardinal de Fiviers^ a(«) Adam 
 Frenchman ^ the Cardinal Otho de Colonna, a Roman -^ thole o^ Saluces i4i7,numa7, 
 and Venice-^ John Bertrandi^ Billiop of Graciii? (i)^ and the Bifhop 
 o'i Chkhejier, an EngUJhman, had the greateft Number of Votes. A 
 PoliJJj ip) Hiftorian tells us, that Nicholas Archbifhop of G»f/»<? had (6) Dlugefs. 
 likewife the Suffrage of the Majority of Cardinals, but that he gave Lib. xi. 
 all his Votes to the Pcrfon on whom we ihall fee prefently thcEleftion P 5S4. 
 fell. This is a Sign, by the way, that it was not deem'd an effential 
 Point, whether the Pope was chofen out of the College of Cardinals, 
 'Tis true, that this Cuftom had prevail'd a long time ; but the Rule 
 was not fo general as not to be fometimes liable to Exceptions, 
 efpecially when the Cardinals could not agree among themfelves m spend, ad. am; 
 the Choice of one of their Collegues, as was the Cafe in 1505, after 15-^5, n. i\- 
 the Death of Beneditl XI, when Bcrtrand d'Jgout Archbiiliop of 
 Bourdcaux was elefted, by the Name o^ Clement W, the' he was not 
 a Cardinal. 'Tis alio very plain, that the Cardinals of the Council, 
 who had chofen the Anti-popes, and, by Ccnfequence, occafion'd the 
 Schifm, ought not to have had any Share in the Eledlion of another 
 Pope, nor much lefs to have afpir'd to that Dignity. This was the 
 Opinion of Gcrfon, and feveral others. 
 
 As every one was for having a Pope of his own Nation, the Af- 
 fiiir would have taken up a longer time, had it not been for the Ger- 
 mans, who, through the Suggeftion of Nicholas Archbiiliop of Gnefna, 
 and John de IVallenrodt Archbiiliop o\' Riga, did, for Peace fake, lay, 
 afide their Aim of having a German Pope, and rccall'd the Suffrage' 
 they had given in favour of a Prelate of that Nation. The Engllfj 
 
 (i) It docs not appear that he v.as a C-.irdiiul any more th.aii the Bifliop of 
 Chlcheper. 
 
 X 1 foUow'd
 
 iS4. 57;^ Hijiory of the Council 0/ Constance. 
 
 T417. followed their Example, to the great Satisfaction of the Italians, for 
 ^•"^•^^ whom the Gervians hail thus pav'd the Way. The French and the 
 Spaniards were the only Nations that ftood out. The Germans and 
 the Englip propoled to them to do as they had done \ but they did 
 not find them lb tra£lable. France and Spain ftrenuoufly maintain'd 
 their Pretcnfion to have a Pope of their own Country, and even fupported 
 it from leveral Realbns, which are not mention'd. But the Germans 
 and EngUfo, who had facrificed, and, as one may fay, lavilh'd their 
 Right for the lake of Peace, declar'd, tliat they would let all the 
 World know, both by Word of Mouth and Writing, that the Spa- 
 niards and the French were the Difturbers of the Peace and Union. 
 Gilo Atcohn- ^CI. This Difpute held on the icth till late at Night. At 
 tia is chofcn length the Prayers of the Germans were heard, between Ten and 
 Pope. Eleven oCiock in the Forenoon. The Emperor, the Princes, and 
 
 HisCharac- ^^ Clergy Were, as ufual, at the Door of the Conclave, finging the 
 '^i*t' II. ^^^^'' ^'''^^^''^ vi\t\\ great Devotion. The Electors, on the other hand, 
 were affembled in a Chapel, which had been prepared in the Conclave 
 for performing Divine Service; when, all on a fudden, thofe of the 
 G^r?«rtw Nation addrefs'd themfelves to all the reft in thefe Terms. 
 JVe are here all met together in the Name of the mojl Holy Tr inity ; and 
 behold the Holy Spirit is operating to unite us. Then, as if they had 
 been infpired from Heaven, they all agreed in Favour of O/Z'o, or 
 Elides de Colonna, Cardinal-Deacon of St. George, an voile d'Or, who, 
 in Memory of St. Martin de Tours, whofe Feftival was celebrated on 
 that Day, chofe to be call'd Martin. This was but the third Pope 
 njtytaU ad. who had taken that Name, though, according to a Note of Raynal- 
 ann. 1427. cius, and feveral others, Otho de Colonna is commonly calfd Martin V, 
 °- "• becaufe the Name of Martin had been given by Miftake to two Popes 
 
 of the Name oi Marin. This Pope was a Roman, of the nioft noble 
 and ancient Family of the Colonnas, which has produced a confidera- 
 ble Number of great Men and Heroes of every Charafter. There 
 have been of this Family Pope?, Kings, and, as fome fay,. Emperors, 
 which, however, I will not vouch. Cardinal John de Colonna m.ade 
 his Family very ilkiftrious in the Beginning of the thirteenth Cen- 
 turv, and, as 'tis faid, fignaliz'd himfelf not a little by a Voyage he 
 }^,hmitd ^ ^^^^ J.Q j.j^^ Y{o\y Land in Qiiality of Legate from Honorius IIL 
 ^ '^ 3f vve may depend upon Father Claude de Mclinet, in his Medallic 
 Ilijlory of the Popes, this Cardinal brought the Column to which our 
 Lord Jefus Chrift was bound and whipp'd, from Jerufalem to Rome j 
 and ever fince, fays he, the Colonnas have been permitted to bear a 
 Pillar in their Arms. But Father Bonanniy a jefuit, in another Me- 
 dallic Hijlory of the Popes, v;hich he cauled to be printed at Rome, in 
 i^of7, has plainly dilcover'd that Father Molinei v^as miilaken, by an 
 
 lulcripcion
 
 The Hijiory of the CouncH of Cons t a n c e~ i6$ 
 
 Inlcription at Rome in the Church of St. Praxede, which was the 1417. 
 Title affumed by the Cardinal John de Cohma (i). This Infcription 
 only proves, that John de Colonna had render'd his ancient Name 
 illuftrious, and immortal, by bringing over the pretended Pillar 
 of Jefus Chriji •■, and indeed the fame Jefint proves, by good Au- 
 thorities, and without having Recourfe to any Chimera, that there 
 had been a Pillar in the Arms of that Family leveral Ages before 
 John de Colonna. Here we muft not omit what is reported by 
 Bonanni^ viz, that in 1328 the Emperor Z-ftivV oi Bavaria added 
 to the Arms of this Family a Crown of Silver placed at the Top 
 of the Column, in acknowledgment to Sciarra de Colonna, who 
 crown'd the faid Emperor in ipite of John XXII. Though thele 
 Fa£ls are pretty well clear'd up in the Work that I have men- 
 tion'd, yet there is more Strefs to be laid upon what all Hifto- 
 rians tell us of the great Quarrels between the Colonnas and Boni- 
 face VIII. who excommunicated the whole Family in the Lump - 
 to the fourth Generation. But they were afterwards relealed by 
 Benedict XI. and Clement V, chietiy in regard to the King of France, 
 whofe Party they had elpouled againft Boniface. The Colonnas 
 fignalized themlelves in the following Ages by great Actions \ and 
 the Qiiarrels which they had fbmetimes with the Popes, and at 
 other times with the Emperors and Kings, were a very authen- 
 tick Demonftration of the Grandeur and Power of this Family. 
 
 To return to Martin V. He was the Son of Agtipetus de Colomta, 
 ftil'd a Roman Prince, whom Urban VI. made a Cardinal in i^-S. 
 As to Otho, the Son oi Agapetus ■. he pafs'd through various Eccle* 
 fiaftical Dignities, under ieveral Princes. He was Referendary in 
 the Reign of Urban VI, a Nuncio in Italy in that of Boniface IX, 
 and was, at length, created a Cardinal by Innocent VTI. in 140 t. 
 After this Pope's Death, he was aitach'd to Gregory's Party, till 
 the faid Pope was depofed by the Council of Pifa, which laid 
 him under a Necefllty to abandon him, for fear of incurring the 
 Pain of Excommunication. He alTilted in the Kleiltion of Alex- 
 ander V. at Pifa., and in that oi John XXIII, who appointed him 
 Legate in Umbria. He was as much attach'd to this Pope as he 
 had been to Gregory XII •, for he was one of the fuil: that fol- 
 
 (1) Joanni tH. SanO:. Praxcdis, Cardi- Traririjcui Columna, Carboniani & Rribi- 
 M.j/i Columns, <ju6d Apoftolus Lcgatus niani Princeps, ne gcntilis fui de Cha- 
 in Oriente Anno Salutis I^25. Colum- ftiana Republics deque Cohunnenli gen- 
 nam Chrifti Domini pccnis & fanguine te cui vctus cognomcntum lacratius, egte- 
 confccratam Hierofolyinis Romam afpor- gii fecit, meriti mcmoiia abolcretur ad ' 
 tavi:, patriamque Ipoliis O/icniis nobilem pofteros, monumentum pofuit an. 1645. 
 utjphxo Chrifti paticntise amplificavciit Bonanni Num. i'^nt, T. I. p. 71. 
 
 low'd-;
 
 ■■i66 The Hijiory of the Council of Co i-: s t ak ce. 
 
 141 ?. low'd him afcer his Efcape, and one of the lafl that return'cl to 
 ..Lrf^'VNJ Conftance. But it mufl: be fuppofed, chat of all the Cardinals of 
 fb wicked a Pope as John XXIII, Otbo dc Culonna was the b«ft, 
 becaule the Eleftion fell upon him. The generality of Authors, 
 indeed, agree in faying much Good of hiin. He was learned, efpe- 
 cially in the Canon Law, which he had taught while he was a 
 Youth at Perufa. Platina, who lay by the Way, is not very Javifti 
 of his Inccnft to Popes, has commended his Prudence, good Na- 
 ture, his Love for Juitice, moderated with Equity, and his Dex- 
 terity in the Management of Affairs and Tempers. He lays, th^c 
 when he was made a Cardinal, it was fo far from changing his 
 Manners, that it made him only the more affable, and the more 
 induftrious to render himfelf agreeable to all Mankind by his 
 Integrity and winning Behaviour. He even adds, that when the 
 Election of a Pope was in Difpute at Conjlance, he difcover'd 
 ib great a DifintercRednefs, an Attention fo entirely bent to the 
 Reconciliation of Animofities, and a Xeal fo impartial for the 
 Publick Good, that the Emperor and the whole Council looked 
 upon his Eleflion as the VVorkmanfhip of Heaven. Neverthelefs, 
 fome Authors living at that Time, who v/ere \^'itnei^es of his 
 Conduft, do not give a Charafter of him altogether lb advanta- 
 geous. Levnard Aret'in^ who had been a Secretary of the Popes for 
 many Years, and could not but thoroughly knovv the Characters 
 of the Cardinals, fays, that Martin V, before he was a Pope, did 
 not difcover much Penetration, and that he appear'd very debon- 
 jtiaire-^ but that he afterwards undeceived Mankind in the Opi- 
 nion they had entertain'd of him, by his extraordinary Sagacity, and 
 that he was not over and above good-natur'd. JVindeck^ one of Sigif- 
 (ji') A^uAr. y'!0}id\ Privy-Counfellors, lays, in his Hiftory of the laid Emperor, 
 d. Mar. T.IV. that the Cardinal Otho de Colonna was poor and modeft, but that 
 1423- Pope Martin V. was very covetous and extremely rich (^). 
 
 As Martin V. had his Faults, fo it mufl be own'd he had 
 
 many good Qi^ialities, efpecially as the Times then ftood. The 
 
 T/cal which he had difcover'd againft John Hus when he was a 
 
 Cardinal, was no fmall Recommendation of him to the Council. 
 
 But 'tis hardly to be doubted that the Credit of feveral German 
 
 Princes, that were of the Colonna Family, contributed very much 
 
 to favour the EleSion of this Cardinal. 'Tis faid, that the Eleftor 
 
 of Brandenboicrg was of this Family^ and indeed Martin Y. values 
 
 himlelf upon it, in a Letter which he wrote in 1424 to Ladijlaus 
 
 -Dlugof. H'ifi. J^gcllon King of Poland, upon the Marriage Treaty betwixt Hed- 
 
 Pol. Lib. XI. wiga, this King's Daughter, and Prince Frederick of BranderJourg, 
 
 p. 480. who fucceeded his Father in the Electorate in 1430. DIugos has 
 
 inferted the Letter at large in his Hiftory of Poland. I ihall 
 
 here
 
 The Hiftory of the Council ^Constance.' 
 
 i6y 
 
 1417. 
 
 here only give fo much of it as relates to the Faft in Que- 
 ition (1). By this Marriage, fays Martin V, you have made an 
 yiffinity "juith Us and the Family of Colonna from which ivc arc de- 
 fcended. For we have been informed, by a very old tradition, that 
 our Family of Colonna, and that of the Burgraves of Brandenboiirg, 
 which is alfo [aid to be Roman, are defcended from one and the 
 fame Stock. 'Tis computed that Othe de Colonna was about Mty spond. ad. an. 
 Years of Age when he was cholen Pope. 141 ?• n-viii. 
 
 (1) Nos quoquc cum noftra Profiipia 
 de Columna ex qua carnalircr nati fumus, 
 obftiinxifti adfinitatis vinculo. Nam fic- 
 ut ab antiquii acccpinius, qui prilcam 
 Originem noftrara per manus traditam ab 
 antiquioribus letulerunt, noftra de Co- 
 lumna Romaiia, & prasfcntium Burgra- 
 biomm Norimbergenfium Domus, qiix 
 etiam Romana fuiffe dicitur, ab eodem 
 ftipite derivatK funt. Ex quo ciim efle- 
 inus antea Serenitati tux- atFefli propter 
 
 merita & officia tua in populum Chri- 
 ftianum, eife nunc debemus & erimus, 
 accedentc vinculo adfinitatis, cum Excel- 
 lentia tua magis conjunfti, & ad bono- 
 rem Celfitudini tus exhibendum inclina- 
 ti, qui fimul cum Brandeburgcnli no- 
 ftram quoque Profapiam Illullribus & 
 
 Regalibus nuptiis honoraftf. Datum 
 
 Rome apud SanBos Apojiolos quinio Ca- 
 lendiis yunii tontifcatui nofiri anno fepii-r - 
 mo. 
 
 The End of the Fifth Book- 
 
 THE
 
 THE 
 
 HISTORY 
 
 O F T H E 
 
 Council of CONSTANCE. 
 
 B O O K VI. 
 
 The Co N T E N T s. 
 
 [. The Emperor profirates himfelf at the Pope's Feefi II. 7'he Pope is 
 inthron'd. III. His Ordination. "V^'., His Cenfecration. V, His 
 Coronation. Y\. The Je-ws call upon the Pope for Prote^ioti, VII. 
 Privileges granted to Abbats. . VIII. TIjc Pope notifies his Election 
 over all Chriflendom. IX. The EkSlor Palatine congratulates the 
 Pope. X. Letter from Martin V. to the Univerfity of Cologne. 
 XI. I'he Pope caiifes Rules of Chancery to he draivn up. XII. 
 AffemUy of the Nations to defire the Pope to reform the Church. 
 XIII- Ambajfadors from the King and ^uecn 0/ Naples. XIV. Fu- 
 neral Obfequies of Gregory XII. XV. The Pope's firjl Conftjlory. 
 XVI. A Tournament. XVII. An AJfaJJination committed at Con- 
 ftance. XVIII. Indulgences granted by the Pope. XIX. Maurice 
 
 - of Prague'j Treaty againft the Communion in both kinds. XX. The 
 
 Forty Second SESSION. XXI. 27:'^ Emperor creates a 
 
 Knight. XXII. The Pope recognifes Sigifmond for King of the Ro- 
 
 VoL. II. Y mans.
 
 The CONTENTS. 
 
 mans. XXIII. Memorial of the Germans for the Reformation. 
 XXIV. The Frenclii apply to the Emperor to defire him to engage 
 the Pope to reform the Church. XXV. The Spaniards prefs for the 
 Reformation. XXVI. Satyr of the Spaniards againjl the Pope.. 
 XXVII. The Pope lays a Plan for the Reformation before the Na- 
 tions. XXVUL. The Aff^r of tin Refervations. XXIX- Of the 
 ^•^^aites. XXX- Of: the Caufes which' are to be trfd at the Court 
 of ttpi'ne. XXXl. 0/ the Exemptions and Unions m^de during the 
 Schftn. XXXII. Of eo'mmendams. XXXIII. Of the interme- 
 diate Revenues, or thofe of 'vacant Churches, &c. XXXIV. In what 
 Cafes the Pope may he correBed or depofed. XXXV. Againjl Simony^ 
 XXXVI. Of DifpenfatiofiS. ■ XXXyit^ Of incompatible Benefices.. 
 XXXV III. Of the Maintenance of the Pope and Cardinals. XXXIX. 
 Of Indulgences. XL. Of the Tenths. XLI. Two of BenediclV 
 Cardinals fend to Conftance. XLII. T'he Emperor fends Ambaffadar.s 
 to fujidry Place's. 'XL III. TTk "Cnuncil fends a folevm EmbafJ'y to- 
 Benedia:. ' X'LIV. 'An Btnlaffy from the Greek Church to the 
 Coumil. XLV. Privileges granted by the Pope to the King of Po- 
 land. XL VI. Conquefls of the King of Portugal. XLV II. The 
 Pvpes contratls with' the Germans anct Engliih, XLVIII. John de 
 Falkenberg. XLIX. Twent;j four. Articles of the Council againji the 
 Hiiflites. L. JacobeJ'j Sentiment concerning: the Euchariji. LI. 
 Martin VV Bull againjl the HufHtes. LII. Remarks on that Bull. 
 LIII. The PQp£s,LeJta: ta. the. g^xat- A/«* of Bohemia. LIV. Tlie- 
 Pope' fends a Legate to Bohemia. LV. The Emperor returns fro?fi 
 Bafil. I>VI. The Pope prefenls the Golden Rofe to Sigilmond. 
 LVII. Martin V. declares that Uis not legal to appeal from the Pope's 
 Judgment. LVIII. Gerlbn confutes the Pope's Conflitution. LIX. 
 The Fo&TY- Third SESSION. LX. Remarks upon that 
 Seffion. LXI. The Pope celebrates Holy Thurfday. LXII. Arrival 
 of divers 'Ambaffadors. LXHI. The Pope fends a^ay. Lega(es to 
 France. LXIV. The Condemnation and Recantation of Frier Gra- 
 bon. LXV. Cardinal of Cambray's Opinion upon GrabonV Propo- 
 fitions. "X-XVI. Gziibvi's Sentiment upon the fame Subject. LXV II. 
 Frederick of AuftriaV Reconciliation with the Emperor. LXVIII. 
 Abjuration of certain Huflltes. LXIX. The FoRTY Fourth 
 SES.S.ION. LXX.' Sundry Confiilulions 0/ Martin V. LXXL 
 'the Pom permits the Bifiop of Liege to marry. LXXII. The 
 Forty Fifth S E S S I ON. LXXIIL T'he Bull for difmijjing 
 the Council. LXXIV. The Emperor takes leave of the Council. 
 LXXV. Remarks npon this Sejjlon. LXXVI. The King of Fo- 
 JandV Letter to Martin V. LXXVII, TheEinperor. returns to Ta\- 
 lich. LXX VIII. Martin Ws Agreement with the French. 
 
 LXXIX. The
 
 The CONTENTS. 
 
 LXXIX. The Pope grants to the Emperor one learns tenths i^poi 
 the Clergy of Germany. LXXX. The Pope makes Prochmation of 
 his Departure. LXXXI. The Pope quits Conflance. LXXXIL 
 Departure of the Emperor and feveral Ambajfadors. LXXXIIL 
 Apology for the Emperor. LXXXIV. The Conclufion of the Council. 
 LXXXV. Situation of the Affairs of Europe, and the State of the 
 Church. 
 
 Y 7. 
 
 THE
 
 J^/.a^ Oud /-^r^- >C<c^c'/i 77.
 
 rj'iii.- . •./!>/' 
 
 The HISTORY of the 
 
 Council of Constance. 
 BOOK VI. 
 
 ART IN N. was no fooner eleflied, but one of the 14 17, 
 Officers of the Conclave made a Hole in the Wall, iy\r\j 
 and cry'd out aloud, We have a Pope^ ^nd Otho de TheEmpc- 
 Colonna ii he. At this good News, which was re-'^/^jg l^^l 
 ceiv'd with great Acclamations,all the People crowded the Popc. 
 about the Theatre ( i ), crying out, God blefs Otho de 
 Colonna. The Emperor himlelf, without Lois of plat, na and 
 
 Time, and without any Regard to his Dignity (as the Writers of-^"'"^'"'^ 
 that Age exprefs'd it) entering into the Conclave, fell proftrate, in f"f^"' 
 an humble Manner, before the Pope, to kifs his Feet, and thankU the „ti f„l 
 
 (1) Dacltf lays, there were no lefs than eighty thoufand of both Sexcs; r. d. 
 mritt, T. IV. 
 
 Elcflors
 
 n 74 Tbi* Hiflory of the Council ^/ C <5 N s t a n c t." 
 
 i^iy. EktVors for having made lb gcfod a Choice. The Pope, on his Part, 
 L/'V~^J cmbrac'd him like a Brother, and thank'd him for the Zeal which he 
 had lb elTedually employ'd for reftoring Peace to the Church. It 
 may naturally be luppoled, that the Pope was tranfported at this 
 Step of the Emperor, which the Hiftorians of that Time thought too 
 precipitant. "1 lie Emperor had nothing more to do than to improve 
 a Conjunftiire lb favourable for reftoring himlelf to the Poffedion of the 
 RigJit which his PredecelTors had, though it had by fbme been neg- 
 lefted, of confirming the Popes before their Conlecration and Corona- 
 tion : But undoubtedly Sigifmond chofe to make this Sacrifice to the 
 Peace of the Church, and it muft be luppoled that he did not do it. 
 lb much from PufiUanimity as from Greatnefs of Soul. 
 The Pope is II. As foonas ever theNew'S of the Election had been proclaim'd, 
 ica;cdon the all the Company were diirniis'd ; and Notice was given that in the Af- 
 Throiie. temoon they might repair to the Cathedral to lee the Pope intbron'd. 
 They all came at the appointed Hour. The Council never appear'd 
 with fo much Splendor as on that Day. 1 he Emperor, the Princes, 
 the Nobility, the dignify'd and inferior Clergy, the Magiftrates, the 
 Canons, the leveral Colleges of the City of Conjlance, and its prin- 
 cipal Inhabitants, repair'd thither;, not to mention the Populace, of 
 which the Multitude was fo incredible that the AfTembly could not 
 be form'd till Night. Then the whole Council walk'd in Ceremony 
 to take up the Pope, and carry him to the Cathedral : A white Horle 
 was provided for him with red Trappings, which walk'd in the 
 fame Rank as if the Pope had been upon his Back,, that is to fay, 
 immediately after the Clergy, and before the Emperor, who was at 
 the Head of the Laity. The Emperor and the Eleftor oi Branden-. 
 bourg went to take up the Pope at the Conclave, from whence he 
 came out, accompany'd by his Electors, who were fo pale and lb 
 disfigured, that they were not eafily to be known. The Pope mount- 
 ed his Horfe, while the Emperor (i) on the Right, and the Eleclor 
 Palatine on the Left, held the Reins of his Horfe's Bridle (i). The 
 Pope, on his Part, gave them his Hand, with his Bleflfing, which he 
 pronounced at the lame Time upon all the Prelates, Princes, and all 
 his Eleftors, as far as he was able to extend his Hand. The whole 
 Company was on Foot in long Cloaks, except the Pope, whom at laft, 
 after a very tedious March, they conduvlcd to the Cathedral. Lenxis 
 
 (0 Tlie Popes had, for a long time, the Popet, T. IT. p. I4(5r, the Emperof 
 
 ac<:ullom'd thenxfclvcs to receive this eK- Charles IV, Father to Sig?fmen;l^ did th'e 
 
 traordinary Honour from the EmpCrois fafiic Honour to Urban V. 
 and Princes. Flatina informs us, that the (z) This feems to be a Miftake, by 
 
 Emperor Levih II. paid it to Nicholas I, confounding the Eleftor Palatine with the 
 
 in the IXth Century; and, according to Rleiiot of Braptknbtufg, as ive'fliall lee 
 
 tJie Report of Du Chefne, in his Hijfcry of by and by. 
 
 3 of
 
 The Hijiory of the Council ('/Constance. 17 j- 
 
 0^ Biivaria oi' In^lji ad took this Opportunity to tall on his Knees, 1417. 
 and implore the Pope's Prodeilion and Jnftice againit Henry de Land- 
 /j///, who had made an Attempt to alfaffinatc him (i). Lewis repeated 
 the iarae Reproaches before the Pope, and the Jitme Charges which 
 had provok'd Henrfs Indignation againft him in the Affembly of the 
 States. But the Pope only gave him his Blelling, and the Emperor 
 order'd him to retire, and not to moleft tire Publick Joy by ill-tim'd 
 CompUiints. When the Pope was enter'd in the Church, the Cardi- 
 nals placed him upon the high Altar, where he was ador'd in the 
 midft of the publiclc Acclamations, which were accompany'd with the 
 Sound of Mufical Initruments. Alter the ilnging of Te Deum, the 
 Pope gave his Beneditlion- to the People, and went from the Church 
 to take Poflelflon of 7''''-''« XXIlTs Apartment in the Epilcopal Pa- 
 lace. At the lame Time, all the Officers of tlie Court, and of the 
 Roman Chancery, that had ferv'd under Jolm XXIII, met there 
 again to acknowledge Martin^ and to receive his Orders. 
 
 III. Next Day, which was Friday, he was ordain'd Deacon, at The Pope's 
 leaft, according to an old Chronicle, and, according to the Relation Oirluwtion. 
 of Dacher and Reichenthal, who were prefent at the Ceremony, and ^^"^saUrnin 
 who are more to be depended on than oth-er Authors who do not ap. r. d. nar[. 
 mention the laid Ordination. On Saturday, which was the 13th, he T. IV. 
 r-eceiv'd Prieft's Orders, and next Day, being Smda-y, he was conft- P- .i4&'<5' 
 crated Bilhopj all which was done by the Cardinal (/^ /^/wVri, Bi--^^'^^^*°';^5* 
 lliop of Ofiiay D«an of the Cardinals, and Vice-chancellor of the J^y_ J^' 
 Raman Church. We have already made Mention of this Right an- 
 
 nex'd to the Bilhops of OJtiay but did not account for the Origin^ 
 of itj vihich. yfnaflafius, the Librarian, traces as far backwards as the 
 IVth Century^ when he lays, this Privilege was confer'd on the Bonanni m^ 
 Biftipps of OJlia by Pope Mark. As foon as Marlin V. had been ^^^- '"^'■^• 
 ordain'd Biftiop, he celebrated his lirfl Pontifical Mafs, at which were • P'^'- 
 prefent one hundred and forty mitred Prelates. On the 15 th, all the xo'o. 15. 
 Clergy paid their Homage to him, as did the Emperor and the Nov. 16.- 
 lecular Princes on the Day following^ and on the 17th he received tire ^*'- •/• 
 lame Homage from the beneficed Monks and Mendicants. 
 
 IV. Ai'TER the Pope had been thus recogniied by every body,'!''''^ '-^"■'j'^" 
 nothing remain'd but to conlecrate and crown him, which was per- "^jj^^'p" '^ 
 form\l upon Sunday the iifb. This Confecration was not always a ^w* 2.1.. 
 mere Ceremony, as it was then. Formerly ic was the Aft of Confe- 
 cration that conftituted the Popes, and not merely the Election ;, and 
 therefore if a Pope eleil died before he wiis conlecrated, as happen'd 
 
 to Stephenll. in 752, he was not reckon'd in the Number of tlie 
 
 Popes. 13ut 'tis pretended, that, in the Xlth Century, Nicholas II. '>^-''>P'"^'' °^' . 
 
 the Origin ofi 
 
 (1) As was obfeiv^d in the LXXXIft Aitick of the preceding Book. „' §, g . *" 
 
 declar'd '^■''" *
 
 ijS The H'tjlory of the Council of C o n s "t a n c e. 
 
 •141-7. declar'd, that if he who had been chofen Pope could not be crown'd 
 L/'^^'^ by realbn of Wars, or from any Impediment railed by his Enemies, 
 he Ihould neverthelels govern the Church o^ Rome, and dilpoleof his 
 Revenues, as a true and lavsrful Pope. The Author, from whom I have 
 ■had this Particular, adds, that neverthclefs there are Ibme Marks of 
 the old .Cuftom ftill remaining. * For, fays he, if it happens that the 
 
 * Pope elecr makes a Bull before his Coronation, he does not date it 
 ' in the firft Year of his Pontificate j but the Form is to put down 
 ' the N. Day fince We were advanced to the Apoftolical Miniftry. 
 
 * There arc alio, continues he, ibme ancient Authors, who are of 
 
 * Opinion that the Pope, before his Coronation, cannot alTume the 
 ' Qi_ialicy of Bifliop, and that he cannot make any Bull. And when 
 
 * Clement V. attempted it, he met with great Oppofition: Which 
 
 * oblig'd him to forbid the difcuffing of any more fuch Qtieftions for 
 ■* the future, on Pain of Excommunication, by an exprefs Bull, dated 
 
 * in the Year 150.-=.' M. Marfolier does not fay who thofe ancient 
 Authors are, but their Prctenfion feems groundlels. Clement IV. was 
 elefted the 5th o'i February, 1 265, and conlecratcd on the iid j yet on 
 the i:th he dilpatch'd a Bull, dated at Perula, the 2d of the Ides of 
 February, in the fir fi Tear of our Pontificate, which was ten Days before 
 his Confecration. John XXII. was elefted on the exho'i Juguft, 13 15, 
 and confecrated on the 5 th o'i September ; yet, on the 13 th oi Auguft, 
 he difpatch'd a Bull, dated at Avignon, the Ides of Auguft, in the 
 firft 7 ear of our Pontificate. M. des Fignoles, a Member of the Royal 
 Society of Berlin, has allured me, that in the Records of the Chap- 
 ter of Brandenbourg he law a Bull of Boniface IX, dated at Rome, the 
 •ith of the Ides of November, in the fir fl T'ear of the Pontificate, that 
 is to fay, on the 9th oi November, 13S9, and two Days before his 
 Coronation, which was not till the nth, though he had been choJen 
 upon the id of that Month. Pope Martin himfelf, the very next 
 Day after his Eledion, that is to fay, eight or ten Days before his 
 Confecration, fent a Legate (i) to Jrragon, there to notify his Elec- 
 tion, and- to give the finifliing Stroke to the reducing o^ Peter de Luna. 
 'Tistrue, the Hiftorian lays, it was by the Council's Approbation. 
 
 To return to the Ceremony of the Confecration : Two Chairs 
 were provided in the Cathedral for the Pope; the one in the Middle 
 of the Church, near which there was a Table let with twelve Wax 
 Tapers upon it, with the Sacrament of the Euchariit, Oil, and fe- 
 veral Bundles of Tow: The other Chair was placed near the high 
 Altar, where was alfo a Table with four Wax Tapers on it, two 
 Loaves made of the fined Flower, and two little Bottles full of Wine. 
 
 (i") The Name of this Legate was Bernard o^ Bourdeaux. Surit. ap. BZov. aad T d 
 Hardt, T. IV. p. 148^. 
 
 All
 
 The Hiflory of the Council <?/ C o n s t a n c e. 177 
 
 All Things being thus prepar'd, at Midnight all the People were 14 ly. 
 call'd to the Church by the tolling of the Bells. The Emperor, the 
 Elcilors, the Princes, and all the Nobility, repaired thither, as well 
 as the Cardinals, Patriarchs, Archbilhops, Bifhops, and all the Cler- 
 gy. When the Affembly was complcated, the Church was ihut, and 
 Martin V. went up to tiie Choir, where the Cardinal of Oflia cele- 
 brated the Mafs^ after which, Philip Malla, an Arragonefe Doftor, 
 preach'd a Sermon upon thefe Words, Him that o'uercometb, will I 
 make a Pillar in the Temple of God ^ and thefe that follow, Jnd there 
 appear'' d a great IVonder in Heaven^ a H^oman cloathed with the Sun, 
 and the Moon under her Feet, and upon her Plead a Crown of twelve 
 Stars, alluding to the Name oi' Colonna, which was that of the Pope 
 ele£t ; and to Peter de Luna, tliat was depofed ^ and to the twelve Ca- 
 tholick Kings, who were either at the Council, or elle had their Am- 
 baffadors there to reprelent them, viz. the King of the Ro-mans, who 
 was alfo King of Hungary ; the Kings of France, Arragon, Caflille, 
 Navarre, Portugal, Poland, Bohemia, England, Denmark, Sweden and 
 Naples. Bzovius, who mentions this Circumftance, obferves, that the 
 Preacher did not include the Kings of Trehifond and Cyprus among the 
 Scars of the Council, tho' they had Ambaifadors there ^ becaufe the 
 firft was of the Greek Church, and, by confequence, a Schilmatick j and 
 becaufe no Proteftion could be expected from the other, who had the 
 Turks upon his Back one way, and the Genoefe another. After the 
 Sermon, the Pope was placed in the Chair before the Table upon 
 which the Bread and Wine was fet the Night before. There he 
 was anointed with Oil, and a Tiara of white Ribband was placed on 
 his Head. Upon the Altar, which was illuminated with feveral Wax 
 Tapers, a great many Relicks were expofed, the triple crown'd Mitre, 
 with a Crofs on the Top of it, and another white Crown not fb 
 coftly. After fome Litanies were fung, both in Greek and Latin, 
 the Pope was conducted from the Choir to the Middle of the Church, 
 under a white Canopy, fupported by the Cardinals, the Pope having 
 lb large a Volume upon his Back and Neck (i), that he waik'd quite 
 double. When he was in the Middle of the Church, a certain Bi- 
 fliop, who is not nam'd, came to him with the lighted Tow burning 
 at the End of a Stick, which being confiim'd in an Inftanc, the Bi- 
 fhop laid to the Pope : Thus, Holy Father, vantfJieth the Glory of the 
 World. To which he made Anfwer, God be praifed. Then the Pope 
 having fiiid Mafs, and read Ibme Texts of Scripture in Greek and 
 Latin, received the Communion from the Hands of the Cardinal de 
 Viviers, and return'd to the Epifcopal Palace, where he was to be 
 
 XO What this Volume was the Afts do not (ay. t. d. ua'dt^ T. IV. p, 
 1488. 
 
 Vol. II. Z .crown'd.
 
 178 The H'lpry of the Council <?/ Co n s T an c 1. 
 
 141 7. crown'd. An EngJifi Hiftorian (a) fays, that before this Ceremony 
 v.,^~N^-"v_. a folemn Pioccffion was made at Day-break. 
 
 (a) Walking- If my Accounts arc exa£l:, this Ceremony was perform'd at Con- 
 i>j»n. Jlance fomewhat diflerently from what it had been at Rome for many 
 
 Ages. For Example, in the Relations of Dacher and Reichental^ 
 Mention is only made of two Chairs, one before the Altar, and the 
 other in the very Body or Nave of the Church ^ whereas other Ac- 
 counts of the Confecration of the Popes fpeak of four Chairs in which 
 the Pope fit during the At\ of his Confcration. Perhaps the Reader 
 will not be difplealed to find here the Defcription of the Confecration 
 of a Pope by the Cardinal Rafponi^ in his Book of the Lateran 
 Church, as Father Borianni has quoted it in his Aledallic Hijlory of the 
 (t) Tom. I. Popes Q>). ' Before the Ufe of the Conclave was introduced by Gre- 
 p. II, 12 < gory X, fays C^;t//>;«/ Rafponi, the Cardinals, three Days after the 
 
 * Funeral Obfequies of the deceafed Pope, repaired to the Laterttn 
 'Church, where, afer the Invocation of the Holy Ghoft, and the 
 
 * Celebration of IVIals, they proceeded to the Choice of a Pope. 
 
 * When the Elefticn was ended, the firft Cardinal- Deacon invefted 
 
 * the Pope elett in liis PontlficaUbus (i), and declar'd the Name 
 
 * that he had a mind to take. Then two of the Cardinals moft 
 
 * eminent in Dignity, the one on the Right, and the other on the 
 ' Left, led him to the Altar, where he proftrated himfelf in Adora- 
 
 * tion of God during the finging of ^e Denm. After the Te Denm, 
 *■ the Cardinals conduced the Pope to a Chair of Marble (2), which 
 
 * was behind the Altar under a fort of Dome or Arch ^ where the 
 ' Pope being leated, admitted the Cardinals, Bifhops, andlbme others, 
 
 * to kifs his Feet, and to filute the Pax. Then the Pope rifing out 
 
 * of the Chair, the Cardinals conducted him through the Piazza to 
 
 * another Chair, which was call'd Stercoraria (-), which was former- 
 
 * ly placed before the Piazza of the Patriarchal Church, but is now 
 
 * in the Cloyfter of it. He was placed in this Chair, and thele 
 
 * Words of Scripture were fung to him by the Choir of Mufck (_,); 
 
 * He raifeth up the Poor out of the Dufi^ and lifteth the Needy cut of 
 
 * the Dunghil^ that he may fit him ivitb Princes, cz-en the Princes of 
 
 * his People y in order toinfpire the Pope with the Virtue of HumiHty, 
 t which ought to be the firft Seep of his Grandeur. After having fit a 
 
 {^x") Vefie complumata auro difiinHa. {i\) Sufcitut de fiuJvere egenum, & de 
 
 (2) Ad fe dent rnarmoream fab apjide fi- fiercore erigit pi!4pi-,-em, ut f de.it cum Prirt- 
 tam. As to thefe Chairs, lee Malilhn cipibui, & folium i^hrii teneat. Pi' cxii. 6, 
 Xfer. /M/. Parti, p. 5S. according to the Vulgate. The hft Latin 
 
 (3) Stercerariam, or the Groping Chair, Words, which fignify, that he may fit 
 fo call d iiom its being bored like a en the Throne of Ckry, are not in the 
 Oofe-flool. The Ufe ,of thefc Chairs Pfalm. 
 
 was abolilh'd by Lea X. 
 
 while
 
 The Hi/lory of the Council <?/ C o n s t a n c e. 17^ 
 
 while in this Chair, the Pope receiv'd from the Hands of the 1417. 
 Chamberlain three Demers, wliich he threw among the People uc- L/''V'*\J 
 tering thele Words, Siher and Gold have I none for my Pkafure (i), 
 bat Jiuh as I have, give I thee. Then the Prior of the Lateran 
 Church, and one of the Cardinals, or one of the Canons of that 
 Church, took the Pope between them, and, while they walk'd in 
 the Piazza, Acclamations were made near the Church, and the 
 Ele£lion was declar'd, with the Name which the Pope had cholen. 
 Thus tiie Pope was led to the Church of St. Sjlvejler, where, be- 
 ing leated in a Chair of Porphyry (:) before that Church, the 
 Prior thereof put ^. Ferula into his Hands, as an Emblem of Cor- 
 reition and Government, and the Keys to denote the Power which 
 God gave to St. Peter, Prince of the Apoftles, to open and fhut, to 
 bind and loofe, and which was to deicend by Succeffion to all the 
 Roman Pontiils. From thence the Pope, having the Ferula and the 
 Keys in his Hands, went and fat in another Chair like ^^Q^ox- Priori Rml-. 
 mer, and, after having ftay'd there fome time, he reftor'd the Fe- hm. 
 rula and Keys to the Prior, who put a Girdle about him of red 
 Silk, and gave him a Purfe of the liime Colour and Stuff, in which 
 were twelve precious Stones, and a little Piece of Musk. Onuphrhis, 
 in his Treatile of the Lateran Church, fays, thefe Things were gi- 
 ven to the Pope by the Prior of that Church. The being feated in 
 the two Chairs denoted the Primacy which St. Peter conferr'd upon 
 him, and the Power of preaching the Gofpel granted him by St. 
 Paul; the Girdle denoted Continence and Charity^ the Purfe was 
 an Emblem of the Treafure out of which the Poor were to be fed ; 
 the twelve precious Stones fignify'd the Power oi" the twelve Apo- 
 flles, which relides entirely in the Pope; and laflly, the Musk re- 
 prefented the Fragrancy of good Works, according to that Saying, 
 fre are a fweet Savour of Chrijl. In this fiime Chair, the Pope 
 eleft admitted the Minifters of the Palace to kils his Feet, and 
 falute the Pax-, and there alfo he took from the Chamberlain's 
 Hands Pieces of Money, to the Value of ten Pence, and threw 
 them among the People three times, uttering thele Words, He vf. cxi. v. 9. 
 hath difperfed^ he hath given to the Poor ; his Rightcoufnefs endureth according to 
 for ever. All this done, on the Sunday following the Pope eled went '^^ ^i%«<-'- 
 with all the Ocders of the facrcd Palace and the chief Men of the 
 City, to the Vatican Church, and there, before Sc. Peter's Con- 
 feflion (..), he was fblemnly confecrated by the BiJhop oi Ojlia, 
 to whom that Office fpecia'.ly appcrtaineth. After this Funrtion, 
 
 (^\) Ad deleBiitiotKm. Thefe were not (z) In Sede Parphyreiha. 
 
 St. Peter's Words. (3) Ante Confe^ionem Sancli Peivi. 
 
 ■Z 2 'the
 
 t-Bo 
 
 141: 
 
 (a) Renuvtia 
 
 3«//«a7, 
 
 (J) Latera- 
 
 nenfem por- 
 
 ia/!i. 
 
 (c) &im Cru- 
 
 ci( laboro. 
 
 The Hijiory of the Council <?/ Constance. 
 
 the Archdeacon and the fecond Deacon gave the Pall (1) to the 
 Pope, the Archdeacon pronouncing thefe Words, Recerce the Pall^ 
 ivhicb is the Fulhefs of the Pontifical Office, to the Honour of Abnighty 
 God, the mojl happy Virgin his Mother, the blejfed Jpojlles St. Peter 
 and St. Paul, and of the holy Roman Church^ 
 After this Delcription, the Cardinal Rafponi adds thele Words: 
 So much for what was tranfacled when the Pope was declar'd or 
 proclaim'd (a) in the Lateran Church ; but when the Elettion was 
 made in the Vatican, the Pope was immediately after conduded to 
 the Altar by two Cardinals, where, after having made his Adora- 
 tion, and put up a fecret Prayer on his Knees, he was placed in 
 a Chair behind the Altar, where he admitted the Cardinal Bifhops, 
 and the others, during the finging of the 'fe Deum, to kifs his Feet, 
 and to falute the Pax. On the Sunday following, they repalr'd to 
 the iame Church, and the Pope, being then crown'd after the Man- 
 ner of his PredecelUbrs, went to the Lateran Palace. But before he 
 enter'd it, he placed himfelf in the Stercorary Chair, and, fitting 
 down in it three times, according to Cuftom, he was, by the Car- 
 dinals, introduced into the Church, diftributing Money by the Way 
 among the Populace. There he alcended a Throne behind the Altar 
 where ho admitted the Canons of the Church to Iviis his Feet, and to 
 falute the Pax ; v^hich being done, he went and ftated himfelf in 
 the Chairs, which were before the Oratory of St. Sylvcfler, where 
 every thing was done that I mention'd above. But if the Pope 
 happen'd to be created out o^ Rome, when he made his Entrance 
 into that City, and before he pafs'd thro' the Gate of the Late- 
 ran (p), all the Clergy went to meet him without the Gate in their 
 Pontificalibus, with the Standard of the Crofs (c) and Cenfersj 
 and then, at their Entrance into the Lateran Church, all the fame 
 Ceremonies I have mention'd were oblerv'd, though in an Order 
 fomewhat different. And if the Pope, upon his coming to Rome^ 
 had been already confecrated, the lame Ceremonies were obferv'd 
 in his going to St. Peter's Church, as in his going to the Lateran 
 Church, except that he only admitted the Canons of St. Peter to kifs 
 his Feet in the Piazza, and that he did not fit down in the Stercoraria^ 
 becaule that Chair is not there. For this Reafon, the very next 
 Day, after the Mafs, he went without his Tiara to the Palace of 
 thz Lateran, and, before he enter'd the Church, he placed himfelf 
 in the Stercoraria with the ullial Ceremonies.' I have tranflated 
 my Author verbatim ;, fo that if any Confuiicn appears in the Defcrip- 
 tion, it ought not to be charg'd to my Score. I now refumc the Thread 
 of the Hiftory. 
 
 Ci> Tiferc is na Mention of the Pali in the EleSion of Martin V. 
 
 V. About
 
 The Hijiory of the Council <?/ Constance. i8i 
 
 V. About Eight o'CIock in the Morning of the fame Day, the 1417. 
 Pope was crown'd in the Epifcopal Palace. The Curious, who would K.,^'\r\j 
 know the Origin of this Cuftom of crowning the Popes, may readCoionation 
 what has been carefully collefted upon that Subjeft by Father Bonanni^^^^^ ^°P^- 
 in his MedaUic Hijiory of the Popes. According to the Account ^^MartialmV. 
 gives of it, the C)rigin of this Ceremony cannot be traced h.\^\\ti&= AUxan- ' 
 than tlie Xlllth Century > and as to the Triple Crown, it does nof/ww VI. 
 appear that the Popes wore it before BenediB XII. in the XlVth 
 Century. The Realbns urg'd by the Canon Lawyers for this Triple 
 Crown are fo various and whimfical, that 'tis not worth while to in- 
 fift on them. 
 
 In order to proceed to the Ceremony of the Coronation oi MartinVf 
 a great Stage was erefted in the Court of the Palace, large enough 
 to contain about one hundred Perfons ; and, dole to tlie Wall, they 
 fet up a very high Throne with a Canopy of Gold for the Pope-. 
 On the Right and Left, a little lower, were leveral other Rows of 
 Seats, very magnificent ones, for the Princes and Prelates. About 
 Eight o'clock in the Morning, the two Patriarchs, the twenty two 
 Cardinals (i), the Archbifliops, Bifhops, and the Mitre Abbats, , 
 enter'd the Court of the Palace on Horfeback in their Pontificalibiis. 
 The Emperor and the other Princes follovv'd on foot. When they 
 were all met, the Pope alcended the Stage, preceded by the Clergy, 
 bearing the Crofu and the Wax Tapers. Before the Theatre, there 
 was a fine Choir of Mufick, which lang and play'd upon all manner 
 of Inftruraents. The Pope had a ftately Tiara upon his Head, leeded 
 with Crowns of Gold, and a Croft of Gold upon the Top. A little 
 behind him, on his Right, were the Cardinal de Viviers and a Pa- 
 triarch ■-, and on his Lelt, the Cardinal de Braiicas and another Pa- - 
 triarch. After thele, march'd the other Cardinals and the Grand . 
 Mafler of Rhodes., who were all received by the Emperors the Elec- 
 tors and the Princes. The Pope being placed on the higheftSeat, the 
 Patriarch oH Antioch took off the Tiara, or Crown, from his Head, 
 and fell on his Knees before him, holding that Crown in his Hand. 
 Round him kneel'd other Cardinals, one of whom alfo carryM Flax 
 at the End of a Stick, another the Crols, and the others VVax 'l"a- 
 pers. On the Pope's Right Hand fat the Cardinal de Brancas, with 
 -eight other Cardinals-, and on his Left, the Grand Mafter of AVWi?;, 
 with as many. Farther, on the Right fate the Emperor, and on • 
 the Left the Elcftor oi Brandenbcurg, both with Archbifliops and lb • 
 on, as many Kleftors, Princes, Biihops, and other Prelates, as the • 
 Place could contain. The reft fat upon the Stairs, which were made - 
 
 ( I ) Dacher is the Perfon who gives this farther Proof that there •Here but twenty 
 Account of the Ceremony; -which is a three Cardinals at the Eleftion, 
 
 very. ,
 
 1 82 The Hijiory of the Council <?/ Constance. 
 
 1417- very wide for the Purpole. Befides, in the Court there was a great 
 v^<'~v~>-' Number of Archbilhops, Biihops, and other great Spiritual and Tem- 
 poral Noblemen, who lat on Horieback round the Stagey not to 
 xnention the Multitude of People that could not get into the Court. 
 When the Mulick had done, one of the Cardinals that was on his 
 Knees before the Pope, and who carry 'd the Flax, kindled it, and 
 laid aloud twice, addrefling himfelf to ]\\m. Holy Father, fo pajj'eth 
 the Glory of this TVorU. Then three Cardinals, who were appointed 
 to place the Crown upon the Pope's Head, riling up with the Grand 
 Matter of Rhodes, and taking the Crown from the Pope's Hands, 
 they all four kneel'd down before him upon the higheft Step of the 
 Chair or Throne. After having made a Prayer, they rofe and let 
 the Crown upon the Pope's Head, and then every one took his Place 
 again to hear the T'c Deum and the Mulick. Thus ended the Cere- 
 mony. 
 The Jews VI. When they left the Place, the Pope mounted his white 
 implore the Horfe, which was preceded by three other led Horfes, which were 
 Pope's Pro- ^]j-^ white, and had red Caparifons. The inferior Clergy walk'd be- 
 E.uion. ^^^^ ^^ Foot, follow'd by the Abbats, Biihops, Archbilhops, and 
 Cardinals, all on Horfeback. The Emperor alio held the Reins of 
 the Pope s Bridle on the Right, walking on Foot in the Dirt, which 
 is particularly oblerv'd by my Author, while the Eleftor of Branden- 
 bourg did the lame on the Left. All the reft of the Nobility fol- 
 low'd on Foot. Thus the Pope was carry'd in ProcelTion from the 
 Cathedral to the jingnllin rv[onaftery,and thence he was reconducted to 
 the Epifcopal Palace. During this Proceflion, the Jews of Conftance 
 alTcmbled in the Middle of the Square to do Homage to the 
 Pope (1), with Torches in their Hands, and finging or rehearfing 
 after their Manner. One of them carry'd the Decalogue, and the 
 five Books of Mofes, which he prelented to the Pope, who ftopp'd, 
 and, taking the Volume into his Hands, faid tothemashereturn'd it. 
 Ye have a Law, but underftand it not ^ old Things are pafs'd azvay, be- 
 hold all Things are become new. The Ails of Vienna relate the Fa£l: 
 thusj but Dacher tells it quite otherwiie. He lays, that the Jews 
 indeed prefented the Volume of their Law to Martin V, praying him 
 to confirm their Privileges^ but that the Pope having refufed to re- 
 ceive the Volume, the Emperor took it, and caft this Reproach upon 
 the Jews, 7'our Laws are juft and good, none of us rejects them j but you 
 dont obferve them as you ought. After this, the Emperor returning 
 their Book to them, the Pope turn'd to them, pronouncing thele 
 Words : May it pleafe God to remove the Fell from their Eyes, that 
 
 ( I ) JEneas Syhiuf Tays, tliat the Jews was ele&ed there, .^n. Syh, Ctvc. Baf. 
 did the fame thing at Bajil, when felix V, 117. 
 
 they
 
 The Hiftory of the Council tf/ C o N s t a n c e. 183 
 
 they may he able to perceive the Light of eternal Life:, and he gave them 141 7. 
 his Blcffing in thele Words, In the Name of the Father ^ the Son^ and v.^-v'--v-» 
 the Holy Ghojl^ Amen («). {a-)/pudvd. 
 
 VII. The AiXs di Vienna fliy, that in Memory of the Day on ""'''''. T. IV. 
 which Martin V. was crown'd, he gave to Rich Abbats as were not E '1^9' 
 mitred, the Privilege of wearing the Mitre upon that Day in their granrcTto 
 Convents ; but this Privilege only extended to the Abbats then li- the Abbats- ■ 
 ving, and not to their Succelfors. Wu thought it proper to relate the 
 Ceremonial of the Election, Confecration, and Coronation o^ Martin V. 
 
 all at once, rather than to interrupt the Thread of the Hiftory by 
 Things, which, tho' not very elfential indeed, are luch however that 
 a Man would not care to be ignorant of. We come now to wliac the 
 Pope did the next Day after his Ele'lion. 
 
 VIII. We have oblerv'd, that, by Confent of the Council, he The Pope 
 fent Bernard de Bonrdeaax (1) to acquaint the King o{ Arragon with "°''fi« his 
 his Eleilion to the Pontilicate, and the Depofition o'i Peter de Lnna.^^'^^^'^'^'^^^' 
 The Prelate had a favourable Audience o^ Jlphonfo, who immediate- j^ov. 
 
 Z2. 
 
 ly deputed fome of his Prelates to Peter de Luna^ to let him VviOVitzov.ad.ann. 
 what had pds'd at Conftance, and to try to mollify the old Man, i4i7>"um.x. 
 who had, till then, been inflexible. But BenediB, rather than re- 
 nounce his pretended Right, demanded fix Prelates of the King, that 
 he might conllilt with them about the Union of the Church \ and 
 the King aftually permitted two Arclibifliops and two Bifliops to go 
 within a League oi Penifcola, or, if neccftary, to Penifcoli icfcU" to ' 
 confer with this Anti-pope. We fliall hereafter perceive that all thefe 
 Parleys were but mere Evafions, efpecially on the Part oi BenediB. It 
 may naturally be imagin'd, that Martin loft no Time in Spreading the 
 News over all Chriftendom. He lent Leii:is de Fiefque, Cardinal with the 
 Title of St. Adrian J into France with the fame View •, but this limbaffy 
 prov'd, at firft, as unfticcelsful as that to Arragon. Dupui tells ns, Cupu'h Hi- 
 
 * That as foon as the Pope's Legate arriv'd at Paris, the King and '^o^y °f t'^e 
 
 * the Dauphin fummon'd a great AfTembly of the Prelates, of his ^'^'^'^'"' P- 
 
 * Grand Council, of the Court of Parliament, feveral Abbats, Dofl:ors^^^^-',„|'|£;_ 
 ' and Mailers of Arts of the Univerfity, to confider of a proper An-ftory of the 
 
 Schifm, Part 
 
 (I") I know not who tliis Betnard de Pifa. It was in this Quality that he af-^^- ?■ -75> 
 
 Boiirdeaux VIZ!.. Perhaps it was the A bbat filted at the Council. yo^M XXIII. fent^'^- 
 
 who wrote a Life of MartinY, and whom him Legate into Fravce^ and made him a 
 
 Spoiide often auotes !iy the Name ofBour- Cardinal Prieft, by the Title of St. £»/<;- 
 
 degalerfts. However 'tis certain, both lius. He fent him afterwards to Spa!7> to 
 
 from the Afts i.nd from the whole Hiftory, promote the Union of the Cliurch, and 
 
 that Alaman Adtmar was the Man whom the Coiiverfion of the Sarazens. But, at 
 
 Mart'v'^'. iumxoArragon. Hewaseleft- his Return, he died of die Plac^ne, or, 
 
 cd Bifhop of F/ ler.cc, his Birth-place, in as fbmc fay, of Poilbn, iu 142a. tgr 
 
 1400, ArchbilT\op of Trent in the follow- Turp. DcH. Lib. Ill, . 
 ingYear, and foon after Archbifliop of 
 
 ' fA'er
 
 ■ 1^4 ^-^^ Hipry of the Council of G o n s t a n c t. 
 
 141 7. * I'wer to be retarn'd to Lewis de Fiefque^ and of Ways and Means 
 y.,.-^'-V'-N_i ' for reftoring the Church of France to its ancient Imraunitfes and 
 ' Privileges \ as to which Article, it was relblv'd that the Decree of 
 * 140(5 Ihould be maintain'd, (^c^ It has been already obferv'd, 
 that in 1413 it had been refolv'd in the Council of the King of 
 France, and in the Parliament of PariSy that the Churches of France 
 ihould be maintain'd in their Frp.nchiies, according to the Decree of 
 140(5 •, that is to fay, that in the Cathedral, Collegiate and Conventual 
 Churches, and the other elective Benefices, Perfons iliould be collated 
 to them by the Eledlon or Poftulation of the Chapters, Colleges and 
 Monarteries, both Regular and Secular^ and that as to the other 
 Benefices which were not eledivc, Perfons fhould be induced to them 
 by the Pi-e(entations, Collations and Inllitutions of thofe to whom it 
 appertains by common Right, or by Cuftom or Privilege, notwith- 
 ftanding and without Regard to the general or ipecial Refervations of 
 any whatfoevcr. The King had given Orders to his Ambaffadors to 
 get this Regulation confirm'd by the Council oi Confiance; but they 
 were thwarted in this Defign by the Cardinals, and even by the Em- 
 peror, who, as Father Maimbourg lays, was no Friend to France. 
 As this Jeluit declares, that he law the original Anfwer which vvas 
 recurn'd to Le'wii cle Fiefyne after feveral Meetings, I will here give 
 the Subftance of it, as related by him, viz. * That the K-'ng, who 
 
 * had done extraordinary Things with an indefatigable Zeal and very 
 ' great Fxpence, in order to fupprefs the Schifnij was not willing that 
 ' Things ihould relapfe into the lame State as they were in after the 
 
 (4-) This was' pretended EkcHon oi Barthohmeiu de Barri (a'), when all the Car- 
 VrbauVl. * dinals, as foon as they got out of Rome, and were at full Liberty, 
 
 * protefted that it was null and void, as having been carry'd on and 
 
 * ratify'd by Force. That Sigifmond, King of the Romans, being ab- 
 
 * folute Matter of Confiance, leem'd to be as much Matter of the 
 
 * Council, where he had not uled the French well, but, after ha- 
 
 * viqg receiv'd all poffible Honour and Satisfaction at Paris, had 
 ' bafely enter'd into an Alliance againft them with the Engliflo, inftead 
 ' of procuring a Peace between the two Crowns, as he pretended was 
 
 * his Defign, the better to cover his Treachery. That therefore as 
 
 * there was Caufe to apprehend that fo perfidious a Prince would force 
 
 * the Conclave to ele£t a Pope after his own Heart, the King had 
 
 * already made an authentick Proteft in Prefence of Notaries, that he 
 ' would not render Obedience to any Perfon whatfoever who ihould 
 
 * be chofen Pope at Confiance, till his Ambaffadors were returned, and 
 
 * at full Liberty to inform him whether the Election was made freely 
 ' and canonically. That then he would a£t as became the moft Chri- 
 ' ftian King, and in a Manner that fhould be fatisfiiftory to aU Man- 
 
 * kind : And that, in the mean time, he intreatcd the Cardinal de 
 
 ' Colonna. 
 
 w 9
 
 77)6 Hijiory of the Council <5/ C o n s t a n c e. 185 
 
 * Cohmaj who ftiles himfelf Pope eleft, and for whole Perfon he had 1417. 
 
 * a very great Efteem, to take lb equitable an Anfwer in good Part.' n^-V~s>^ 
 The King's AmbalTadors being return'd from France^ and reporting 
 
 that Martin had been elected cancnically, he was own'd as Pope in 
 France^ and his Legates were well receiv'd in that Kingdom. 
 
 IX. I find that one of the Continuators oi Baronius's Annals has The Eleftoi' 
 a (<?) Letter from the Ele^Jor Palatine, wherein that Prince congra- ^"I'tine con- 
 tiilates the Pope on his Lkaion to the Pontificate. 'Tis dated the^^'^''''^"'''^ 
 17th o'i December, 141 7, and, among other Things, the Elector P'r^-{a)\aynalii. 
 latine lays, that he heard of this Election on the 15th o^ November mn. 14.17. 
 from common Fame. This Letter plainly Ihews, that D^f/^er was mif- 
 taken, when he laid, that on the iith.0^ November the Eleftor Pa- 
 Jatine held the Reins of the Pope's Horfe along witli the Emperor, 
 and that on the 21ft of the lame Month he alTifted at his Coronation. 
 Undoubtedly he miftook the Eleftor Pnlatine for the Eleftor oi'Bran- 
 denbourg, who, according to the MSS. oC Fiema and Leipfuk, held 
 the Reins of the Pope's Horle along with the Emperor on the 2 ift of 
 November, when he went in Procedlon to the Church after his Coro- 
 nation. Moreover, the Elector Palatine was not one of the Princes 
 who Iwore, on the Sth of November, to caule the Laws of the Con- 
 clave to be oblerv\i ; and we don't lee for what Reafon he could be 
 dilpenfed with from taking that Oath, when it was put upon the 
 Elector of Brandenbotirg and the Emperor himlelf But that which 
 clears up the Matter, is the Qiiarrel betwixt the Emperor and the 
 Eleftor Palatine, who, according to the Report of Witideck, were at 
 iiich Variance that Year, that the latter was obliged to return to his 
 Dominions, and ailually made a League againfl: Sigifmond with the 
 Elector of Mentz, and fbme other Princes. I only enter"d into this 
 Dilcuffion to fhew, that we ought not too implicitly to believe 
 even the Authors of that Time, and much lels others : In or- 
 -der to be fure of any Fafl:, 'tis abfolutely neceilliry to compare the 
 Teftimony of an Hiftorian with the Circumftances of Times and 
 Places. In the fame Annalift, whom I have juft now quoted, I alio 
 find a Letter of Reynold Duke of JiiUers and Gnclderland, and Count 
 of Zutphen, wherein he alio congratulates the Pope upon his Elec- 
 tion, and thanks his Stars for being of the ilkiftrious Family of Co- 
 lonna. 
 
 It ought not to be thought ftrange,' that MartinN . was fo in- 
 duftrious to notify his Election to all Chriftcndom ; for herein he did 
 no more than what was agreeable to the Council, which had cholcn 
 him, and what is common to the Popes. We find, among the Anecdotes 
 of Martene, the Letter which this Pope wrote to the Univerfity of 
 Cologn, notifying his Election. As 'twas a circular Letter, we will 
 here give it entire, in order to form a Judgment of t,he others, in 
 
 Vol. XL A a which
 
 1 85 The Hijlory of the Council of C o n s ta n c e." 
 
 14 1 7. which there were no Alterations but what the Places and Perfons 
 L./'S/'^VJ made necellarv, 
 
 ,i;<r(;B Vs^ X. ' MAR TIN Bifhop, Servant of the Servants of God, to our 
 Letter to thee j^qj^ jg^j. ggj^j f|^g Reftor, and the Univerfity o^ Colcgn, Greeting, 
 geh'gn. ' ' ^"^ ApoftoHcal Bcnedidion. 
 
 ' Jesus Chrift, our merciful Lord, the only Son of God, who, 
 
 * by his iVJajefty Omnipotent, governs Heaven and Earth, at the 
 
 * lame time, having ca(t a tender Eye from above upon the Holy Ro- 
 ' man CathoHck Church our Spoufe, which he founded, not only 
 ' with his Hands, but by the Etfufion of his precious Blood, was not 
 ' willing to iliffer it to remain longer in a forrovvful State of Widow- 
 ' hood, after the Refignation of Gregory XII, and the depofing of 
 ' John XXIII. and Benedi& XIII, canonically perform'd in this general 
 ' Council, as all the World cannot but know. So that after tedious and 
 ' various Negociations between the College of our venerable Bre- 
 ' thren the Cardinals of the Holy Roman Church, of which Number 
 
 * we then made one, and fome venerable Prelates of the Nations of 
 
 * this Council, concerning the Elc£lion of a Roman Pontiff^ and, af- 
 ' ter Confukations repeated for leveral Days, it was unanimoufly a- 
 
 * greed, as it ivere by a Miracle, and by an Illumination of the Di- 
 
 * vine Grace, that, in order to attain profitably to the Union of the 
 
 * Church, and to the Extirpation of this pernicious Schilm, there 
 
 * fhould be added to the College of Cardinals fix other Eleftors, 
 
 * cholen out of each of the five Nations prefent in Council by their 
 ' Deputies^ and that he who fliould have iivo tbir^ls (i) of the 
 
 * Voices of the Cardinals and two thirds of the Votes of the 
 ' Deputies of the Nations, fhould be acknowledged, by all the Eaith- 
 
 * ful, for the only and undoubted Pope of Rome. Conlequently, by 
 
 * the Permifllon of the moft High, thofe thirty Joint Eleilors, with 
 
 * the Cardinals, who were in Number twenty three, enter'd, with 
 
 * the Content of the Council, on Monday the 8th of this Inftant, about 
 
 * Four oXlock in the Afternoon, into the Conclave, which was well 
 
 * guarded, to the end that they might there enjoy entire Liberty and 
 
 * inviolable Security, every Man being animated with an ardent Defire 
 ' for Peace. \Vhen the Divine Office was celebrated, after mature 
 
 * Deliberation, as the Importance of the Affair requir'd, on Thnrfday 
 
 * the loth, v.hich was St. Martins Day, at Four o'Clock, or there- 
 
 * abouts, that lam.e Spirit which quickens, enlightens and direfts the 
 
 * Hearts of Believers to that which is good, reconcil'd ours in one 
 
 * Opinion, for the Glory of the moft High, for the Peace of the 
 
 * Church, and for the total Supprefllon of the Schiim ^ lb that they 
 
 * all agreed unanimoufly (nemine difirepante) to make the Election fall 
 
 (i) Duas ^artei. 
 
 '■ ■ * upon
 
 The H'tjlory of the Council of C 6 n s' t a n c e.' 187 
 
 nponUj the Cardinal-Deacon of St. George an voile cCOr^ notwich- I417. 
 ' ftunding our Incapacity, by the Frailty of human Nature, to fup- ^.•'"V"*^ 
 
 * port fo heavy a Weight as the Government of the Catholick Church. 
 
 * ^e Deum was immediately fung, and they proceeded to the Inchro- 
 ' niiation and Adoration, according to Cuitom. After having ob- 
 ' lerv'd the Holy Solemnities requifite on theic Odcafions, we re- 
 
 * ceiv'd that very Day, with a |oy temper'd with Humility, and to 
 ' the Praife of the moli High, the Pontilical Crown, in the Cathedral 
 
 * Church of Conjiance, in Prefence of the King, the Cardinals, the 
 
 * great Lords, the Prelates, and a vaft Multitude of Perlbns of Note. 
 
 * This we were willing to notify to your Univcrfity, whole "Increafe we 
 ' wilh with a paternal Affection, hoping, from your ulual Zeal for 
 
 * Holy Mother Church, that you will receive the Tidings of it with 
 
 * Joy.' The Letter concludes with Vows, Exhortations and Pro- 
 ftations of good Will, and is dated November 20. 
 
 In the lame Collection of Anecdotes, there is a Letter from the 
 Cardinals to the fame Univerfity, dated the very Day after that of 
 the Pope, which only contains the fame Things, and almoft in the 
 fame Words. I will only add a Remark or two by the way, viz. that 
 the Cardinals, as well as all the Ads, call the Pope newly elected, 
 Martin V^ which Ihews, that Henry de Sponde (a), Andretv de Cbefne,i'*)-^>"'M^\ 
 and others, who ftile him Martin III, are miRaken. What gave "'"""■ '*'"' 
 Occafion to the Error, is, that Martin II. and Martin III. had pro- 
 bably, through a Miftake, been ftil'd Marin I. and Marin II. 
 Therc'fore it mufi: be acknowledg'd for a certain Truth, that there 
 had been already four Popes who had born the Name ol Martin, 
 The firft elefted in 649 •, tiie fecond, commonly call'd Martin I, in 
 882 J the third, call'd MarinW^ in 9.12^ the fourth in i:Si ; and 
 the fifth, by confequence, in 1417. 'Tis thus they are rang'd by 
 Father Pagi^ in his Abridgment of the Lives of the Popes (/.').(i) Tom. I, 
 And indeed 'tis better to depend upon the Afl;s, upon the PopeI^> ^l^' 
 himfelf, who declares, that he was call'd Martin V, and upon the 
 Cardinals, by whom he was elefted, who declare the lame thing, than 
 on fome particular Hiilorians, who could ib eafly turn Martin into 
 Marin. My fecond Remark is, that it appears, from the Letters as 
 well as the Ads o'lGermany^ that there were twenty three Cardinals 
 at this Eledion, neither more nor leis, including Colonna the Perlon 
 then eleded. Some have computed them to be thirty, which is falle. 
 Sponde {c) declares, that the Ads of the Rome Edition only niakeC"^) vhifupf. 
 them twenty, which is a Fault. The Letters of the Pope and the 5 
 
 Cardinals are decifive in this Point: And that which is altogether as 
 dccifivc is, that Ebhard Dacher^ who knew it from the Prothonotary 
 of the Archbiflrop of Gnefna^ who was in the Conclave with his 
 Matter, declares, as well as the Ads, that there were fifty three 
 
 A a 1 Eledors :
 
 (a) Mart A- 
 
 189 ^''■'^ Hijiory of the Council of Co n s t a n c e.' 
 
 14 f7. F.Ie£lors: Therefore, fince there were thirty Joint Eleflors, there muft' 
 Iiave been, twenty three Cardinals. Some Days after, the fame Elec- 
 tion was notify 'd to the Univerfity oi Heidelberg (1), as appears by 
 an Aft in the iame Anecdotes {a). Martin V. had lent a Florentine 
 W. p. i(>52.Doftor thither for that Purpofe (2), with a particular Letter from 
 titbifupr. the Pope to the laid Univerfity, and a Bull in due Form (3). There 
 is a Letter alio from the Cardinals to the laid Univerfity, w-hich con- 
 tained what was tranlafted at the Election and Coronation of the 
 Pope, in the lame Terms as the Letter written to Cologn. As loon 
 as the Pope's Nuncio was arriv'd at Heidelberg, the Reftor of the 
 Univerfity ( i) caufed the Members to be alTerabled in a Body in the 
 Church of the Holy Ghoft, which is the Cathedral, to receive the 
 Pope's Orders. The Re£lor having receiv'd the Brief and the Bull 
 from the Hands of the Pope's Nuncio, together with the Letter from 
 the Cardinals, gave it to the Secretary to read it aloud. When it was 
 read, a Profefibr of Divinity (5) made a Dilcourfe upon this Text, 
 1'bis is the happy Day, &c. wherein, after hav-ing blelied the Lord for 
 the Union of the Church, and the happy Choice which tlie Council 
 had made, he promifcd Obedience to the Pope, in the Name of the 
 whole Univerfity. After which, 7'e Deum was fung, and the Virgin's 
 ^•inthem. We find the fame Notification to the Kings of England and 
 Scotland m \h. Rymers Fcedera. In that to the King of England^ 
 there are very advantageous Tefiimonies to the Diligence and Fider 
 lity of the AmbafTadors of that Kingdom at the Council. It has 
 been ellewhere obfcrv'd that Scotland had till then held out for Be- 
 ■nedicl XIII. The Pope iwcifies his Eleftion to James King of 6'cff/r 
 land, together with the depofing of Benedi^ XIII ^ and exhorts him 
 to join with the Council, as the Duke o'i Albany his Uncle, Viceroy 
 o^ Scotland, had already given him Ground to hope. Here it mull be 
 oblerv'd, that in the Year preceding the Council had lent the Abbat 
 de PoHtignac into Scotland to draw that Kingdom from Peter de Luna, 
 who, on hi* Part, had lent an EngUJlj Monk thither to plead his 
 Caule. Though the Governor ftill held out for the Anti-pope, the 
 (A) wBer. Clergy of Scotland prevail'd, and the Monk was forc'd to retire, ha-. 
 ateth- an. .^j^^ j^^^j^ ^ happy as to efcape the Faggot for Ibme heretical Pro- 
 'ui ' pofitions, which, it was pretended, he had advanced (^). 
 
 The Pope XL It Was natural to imagine, that there was not much to be 
 cauies Rules expeftcd from Martin V. for the Reformation of the Church, by 
 
 ofhisClwn- 
 
 cery to be 
 
 gtr^wH up- (i) Thi-i was founded by Aoifr/Eleilor (2) Ludovicus de Mntliana. 
 
 Palatine, furnam'd le Ronx, cr Rett h.iir'd, {5) Vera Bulla in condula canapis mo- 
 
 I'ltncien, or the- old, in 154S, according to re Romans Curi^ impendente bullata. 
 
 fom;, and in I3?6, according to (/tlicis, (4) His Name was ^oiw No^f. 
 
 tinder the Poiitihcate of UrjMii VI. ( 5) His Name was Sicholas de fanviert. 
 
 the
 
 The H'tjlory of the Council <7/Constancf. 1^9 
 
 the Hafte which he made the very Day after his Eleclion (i), to have 14 17, 
 the Rules of the Roman Chancery drawn up. \t would nevcrthelcis 
 have been of very great Importance to have oppoied it at firft, be- 
 caulc thole Rules contain'd the Pretenfions of the Popes to the licclc- 
 fiaftical Benefices and Revenues of all Chriflendora (i). However, 
 they were publiiVd the 26th o^ February following. 7'''^'^ XXIII. 
 had done the very fame thing the Day after his rleftion, according 
 to the Cuftom of his PredccelTors, as he declares in his laid Rules, 
 which may be leen in the firft Tome oi Fon der Hardt's Colleition,. 
 who took them from a MS. 2xHelmftad. Theie fame Rules of th» 
 ^ow/^» Chancery were one of the greateft Grievances which the Princes, 
 Prelates, Clergy and Laity had to complain of from the Popes. 
 They were the Source of the Simony and Ulurpations of the Court of 
 Rome \ in a word, of the Ruin of all Cin"iftendom. It was loudly com- 
 plain'd, that what with the Pope's Relervations, Reverfions, Vacan- 
 cies, Confirmations, Dilpenlations, Exemptions, Unions or Incorpo- 
 rations, Commendams, Annates, Tenths, Indulgences, and other 
 Burdens of the like Nature, authoriied by thele Rules, all the Mo- 
 ney went to Rome-^ that the Churches were depriv'd of their Right 
 to chufe their own Paftors j and that the Court of Rome^ whenever it 
 plcas'd, fent them ignorant and wicked Wretches, who fcandalifed and 
 opprefs'd the Church. Thele general Complaints were partly the 
 Realbn of affembling tlie Council of Conflance^ which every body 
 hop'd would provide elTetlual Remedies. Indeed, the Deputies of each . 
 Nation, who had been nominated by tlie Council to labour for the 
 Reformation, had chiefly in View the Abolition of thele Rules of 
 the Roman Chancery. John Gerfon^ Peter d'Ailli, Zaba-rellay and ma- 
 ny other Doelors, had explain'd therafelves frankly againft this Abule ■ 
 in- fome publick Writings which werecompofedat Conftance. And the 
 Council itlelf had refolv'd to reform (everal Articles of thole Rules of 
 the Chancery, as plainly appear'd from the Decrees of the XXXIXth 
 and XLth Seflions. Yet behold Martin V, but the very Day after 
 his EleLlion, orders the Rules of the Chancery to be drawn up on 
 the fame Footing as thofe of John XXIII, or with fo little Varia- 
 tion, that it was very evident he already contemn'd the Relblutions 
 which had been in the foregoing Seflions ^ and that the whole Schem.e of 
 the Reformation, drawn up with lb much Care and Pains, was vanilh'd 
 into Smoak. Dr. Von der Hardt has inlerted thele Rules of the 
 Chancery di Martin V, as he extrailed tliem from the MSS. of 
 Vienna ^nA Leipfick^ and has placed them next to thole of 7^^«XXIU, 
 
 (i) Die xii Novembris, in cvaftinum (i) The Rcder ma/ fee them at tic 
 
 faae AiTumtionis ad fummi Apoltolatus a- End of this HlHory. 
 picem, & ante luas Coionationis foicniiia 
 tilfta; & cditas, 
 
 wliich :•
 
 t^co The Hi [lory of the Council of Co mr'An ce. 
 
 , j_. which he cop'.ed from a MS. at Hdmflad (a), in order to fhevv 
 \_IXJ^ wherein they '^differ and wherein they agree. I'hey were piibhlh'd, 
 (rt)r,<?. H-jr.as has been already faid, on the 21: th o^ February in tlie following 
 T.I. p. 954, iTear, and arc inlerced at the End of this Hiftory, for the fake of fnch 
 991- as have a Curiofity to fee the Afts of this Kind, which are not common, 
 
 Afferoblvof ^^^- '"^^^ "°"' ^^^'^ certain, whether the Emperor was privy to 
 tFic'^Nations this Proceeding of the Pope, or whether he knew it, and all the while 
 to^'demand diffcmbled his Refentraent according to his Motto, ^u nefcit cUffmu- 
 of the Pop; j^yg j.,^ji-j( yegnare. However it be, he luffer'dthe Pope to be crown'd, 
 to reform the ^1^^^ eVeo gavc, during all thofe Ceremonies, more external Demon- 
 i^m^'zz. ftrations of Joy and Satisfadion than any other Perlon whatfoever. 
 Next Day after the Coronation, the five Nations came to a Relb- 
 hition to demand of the Pope the Reformation which he had promised 
 to make after his Eletlion, according to the Plan of the Reforming 
 College. \ Martin V, perceiving that he had no Way to ward off the 
 Blow, pWifed the Prcfidents of the Nations to do what they de- 
 fir'd, and ordered them to appoint Deputies to aO: in the Affair of 
 the keforraation, together with fix Cardinals of his own Nomination. 
 But this Affair went on very Ibwly, as well by reafon the Nations 
 could not agree among themfelves, as becaufe of the affeded Delays 
 of the Cardinals. Mean time, the German Nation gave in a Memo- 
 rial to the new Conimiflionerjs for the Reformation, demanding, a- 
 mongft other Tilings, ' That the Apoflolical See fhould content it- 
 ' felf with the Relervations contained in the Body of the Law, and 
 ' that as for the reft, they fhould leave the Metropolitans, the Bi- 
 ' Ihops, the Prelates, the Chapters, the Colleges, and the other Ec- 
 ' cleliallical Patrons or Collators, in their Right of Election, Confir- 
 ' raation. Collation, Prelentation, and every other Right of Difpofition 
 '^ with regard to Archbifhopricks, Biihopricks, Prelacies, and other 
 ' Ecclefiaitical Dignities and Benefices, according to the Settlement 
 ' oTfome former general Councils, and according to the Intention of 
 ' the Founders, laving the Right of the Apoflolical See to the 
 
 * Churches and Monafteries which are fubjefl: to it immediately, or 
 ' by Privilege of Exemption. That when a Collator Ihall have more 
 ' than five Benefices in his Collation, the Pope may grant a Reverfion 
 
 * for one or two. That the exorbitant Refervations prelcribed by 
 ' the Rules of the Chancery ftiall be abolifli'd, except thofe which are 
 
 * included in the Body of the Law, in which Clafs fuch Benefices fhal! 
 
 * not be reckon'd as exceed the Value of five Marks of Silver (i). 
 
 (l) I will infert f his Article in Latin, & aliam in forma fatiperis dxntaXKt^ fra~ 
 
 for fear of being mifrakcn: AVc vtn quod tiai^ cum claufula, ft fro alio in tali farmtt 
 
 Papa, quemlibet Collatorem tcclejiafiicum, non fcrifferit, fojftt ontrare. V. d. Hardr, 
 
 ' adcuJKs Collationem ultra quirqae Benefcia T. IV. p. l<)94. 
 
 Hcclejiafiica J^e^aDt pir tmam in fpcctali, 
 
 XIII. While
 
 The Hijlory of the Council <?/ C o n s t a N C t. \c^i 
 
 XIII. While Things were preparing to fettle the Reformation, 1417. 
 Martin V. was biified in other Affairs which alio related to the v»^-v-\> 
 Council. It was probably at this Time that he received Anibafladors Ambafl'adors 
 from JoanQnttno^ Naples (i). They came to do Homage to the ^'■""^ '^^^'"S 
 new Pope, to offer him Afliltance to recover ^t. Peter's Patrimony, ^j- j^.h/^""^ 
 which had been a long time left at Rack and Manger, and to reftore 
 tJie Caftle of St. Angdo to him, together with the Towns oiOflia and 
 Civita Vecchia^ which 'Joan had retaken from Braccio, by the JBravery 
 oi Sfurza her General, of which 'tis proper to give a more particular 
 Account. As foon as the ambitious Braccio (;), whom John XXI 11, 
 at his Departure for Conftame^ left Legate oi Bologna ^ had heard of 
 that Pope's being depofed, he refolv'd to take Folfeffion of Rc-me^ 
 under Pretence of keeping it for him, but in reality to make him- 
 lelf Matter of it. He was invited thither, not only by the deplora- 
 ble State of Rome^ which was at that Time dillraeicd by various 
 Factions, and almoft entirely exhaullcd of Men and Provifions, but 
 alio by the Friends he had there ^ among whom was Peter Ann'ibal^ 
 Cardinal o'l^t. Angela^ whom the Council had fent thither to govern 
 that Capital, in the Ablence of the Pope, jointly with James cle Vlfle, 
 Cardinal of St. EtiftachiuSj as has been already faid, Braccio being , 
 already Mafter of Umbria, it was no difficult Matter for liim to go 
 and encamp near Rome with all his Troops. The Cardinal of St. Eu- 
 flachius, who was not fb falle as the Cardinal of St. Angela^ went to 
 pay him a Vifit in his Camp under Pretence of Friendlliip, and with- 
 out difcovering any Alarm at this Armament. Braccio receiv'd him 
 very well, and aiTur'd him, that he was not come to feize Rome^ but 
 to prelerve it for the Sovereign Pontiff in his Ablence. The Cardinal 
 made as if hebeliev'd him, and return'd fully refolv'd to take proper 
 Mcafiires againft him. 
 
 When he was return'd to Rome, he affembled all the Citizens, ., 
 and made a very pathetick Speech to them to encourage them to de- 
 fend their Religion and Liberty, and they aituaily form'd a Refolu- 
 tion accordingly. Mean time, Braccio, who did not dare to under- 
 take the Siege o^ Rome, ravaged the Country, and continually made 
 his Approaches, taking one Poft after another, and a great Number of 
 Prifoners. The Romans, alarm'd at thele Approaches, lent Deputies 
 to him, with Orders to offer him icveral Conditions 5 but he would 
 not hear of any other than furrendering at Lifcretion. In this Ex- 
 tremity, the Citizens, being alfembled together, relblv'd, in Ipite of 
 the Cardinals of St. Eujiachi us y to receive Braccio for Protector and 
 
 (i) The<e were Bellefvrt Spinel de y«- Tricarico in that Kingdom. Bzov. an. 14:7, 
 venacio, Blfliop of Caffano in the King- num. xii. 
 
 dom oi i^aplei, and L««'re«fe Bifliop of (2) See his Charafter. hifiory of ths • 
 
 OHucilof pi/a, T.ll. p.^o. 
 
 Govancr ..
 
 (a) Bzov. 
 ani. 141 7, 
 .num. xiv. 
 
 • 192 The H'tjhry of the Council <?/ C o n s t a n c e. 
 
 1 41 7. Governor of the City. He made his Entry into the City with the 
 lyV^^sJ Acclamations of the fickle Multitude, who cry'd out, God fave Brac- 
 cio. As for the Legate, he did not go out to meet him, but retir'd 
 to the Caftle of St. yfngelo, whe):e Braccio befieged him ^ but the 
 Plague happening in his Army, and hearing moreover that Succours 
 were coming from Naples to oblige him to raile the Siege, he refolv'd 
 to make his Retreat from Rome. In fhort, the General Sforza (i) 
 cnter'd this Capital foon after in Triumph, being rccciv'd by the 
 Populace with the fame Acclamations as Braccio. The Gratitude and 
 Joy of the Cardinal de St. Eujlachius was more fincere, becaule he was de- 
 Jiver'd from a Tyrant, who would not have Ipar'd his Life, and becaule 
 he relcued /?ootp, and the Pope himfelf, from the Slavery with which 
 .they were threaten'd. This General, to reward the Fidelity of ^^^wi^i 
 dc fljle^ paid him all polTible Honours, taking him with him into the 
 fame Chamber where the Pope ufed to lyej and, to punifh the 
 Treachery oi Peter Jnnibal, he caufed him to be imprifon'd in the 
 Caftle of St. Angela., where, not long after, he died {a). 
 
 My A-'ls do not lay what was the Succefs of the EmbafTy from 
 the Queen of Naples : But Raynaldus fays, that the Pope then pro- 
 mifed the Ambaffadors of that Princefs to grant her the Inveftiture ot 
 the Kingdom o^ Naples, though it appears from other Authors that 
 he had promifed it alio to Lezvis oi'^njou. However it be, while 
 Martin was at Florence, he confirm'd the Promife which he had made 
 to Joan, and fent the Cardinal o'i Fenice to crown her in his Name, 
 on condition that Ihe would procure the Liberty of James de Bourbon 
 her Husband, whom flie had committed to Prilbn, as we Ihall lee in 
 its Place. It was much about the fame Time that Martin, with the 
 Emperor's Conlent, difpatch'd an Auditor of the Rota to I'irol, to 
 propofe an Accommodation to Frederick o'i Juflria with his Imperial 
 Majefty. We fhall lee hereafter what was his Succefs. 
 
 Some Days after this, the Pope iznt Henry Fleckel, Auditor of the 
 facred Palace toFrederick o'iAitJfria then in Tirol, to endeavour to reconcile 
 him with Sigifmond, who had given hisConfent to the faid Negotiation. 
 XIV. The Council receiv'd News of the Death oi' j^ngelo Corario, 
 (who had been Gregory XII.) which happcn'd the I'i'th. oi' OBober this 
 Gregory XII. year at Recanati, in the Marquifate of Ancona. As he had at length 
 made a voluntary Refignation of the Pontificate, Martin V. thought 
 fie to have magnificent Obfequics perform'd for him at Confiance, 
 which were celebrated on the 26th of November. His Epitaph will 
 not be difagreeable perhaps to our Reader. 
 
 Sov. 25. 
 
 Funeral OH- 
 
 cquii 
 
 :^jv. 16. 
 
 ^0 See his Charafter. liifiery of the Cnincil of Ufa, T. II. p. $5. 
 
 Maximns
 
 The H'tjlory of the Council <?/ C 6 n s t a n c e. 195 
 
 141 7. 
 Maximus Ecclefiis Princeps, fummufque Monarchal L/'v~VJ 
 
 Ordine Gregoritis biffenuSy clauditur Area. 
 Hie pro pace datus ecclejli Munere, femper 
 Ferbuit athereos fuperis unire decentcr. 
 
 Arehifehifma, {a) malum^ fa£la hac dementia Pifis, (") I" <omc 
 
 Ipfepius'relevat, faila. efi Conflantia teftisy 'bh^s%fma^ 
 
 Cardiiie bis facro Pafioris eonjeia fede ' '■'""'' 
 
 Marehia fufcepit Reeaneti Flavius (J?) ade. (*) Some 
 
 Obik Anno Dom. 141 7 (A wntcitf/^/- 
 
 But there is a grofs Falihood in this Epitaph, where it fays, that i4i9*^''num!' 
 Heaven had granted Gregory for the Peace of the Church, becaufe he xvi. 
 was as great an Abettor of the Schilm as Peter de Luna his Compe- 
 titor, which may be kta in the Hiflory of the Council of Pifa^ and 
 that of Platinci Qd), who liiys, that he died for Vexation that he had (rf) Life 
 refign'd the Pontificate, becaufe he did not expe£l that his Abdica- i'l'^- XXIII. 
 tion would have been fb foon determin'd in the Council. I queftion, 
 however, whether this Report ought not to be deem'd as a Calumny, 
 or, at leaft, as a rafh Conjefture. Being ninety two Years of Age 
 when he died, 'tis not necefTary to feek for any other Caufe of his 
 Death. 
 
 XV. The 29th o/iNovembir the Pope held a Confiftory, for the firft The Pope's 
 time, in the Epiicopal Palace. The firft Affair that was brought upon firft Conli- 
 the Carpet was that of the Dukes of Bavaria. The Advocate of Lewis ^°'y- 
 
 of Ingoljiat demanded Juftice againfl Henry de Landfuut^ as a perfidious -**' ^^^ 
 Affaflin, a feditious treafonable Perlbn, i3c. who ought, as fuch, to 
 be put under the Ban of the Empire. The Pope anfwer'd, that he 
 would take it into fpecial Confideration, and promifed to do all that 
 Juftice demanded in the Affair. The Bifhop of Sirasbour^s Contro- 
 verly with his Chapter, was an Affair of which the Pope was a bet- 
 ter Judge. It was pleaded for two Hours with very great Animofity 
 on both Sides, till, at lengtli, the Pope appointed the Cardinal de 
 Piacenza and the Cardinal de St. Mark to examine it, and make their 
 Report to him. Nevefthelefs, this Affair was not decided till 1450, 
 nor then, as iVindeck if) lays, hvx by the Mediation of Sigifntond. At («) r. d. Hav. 
 the Conclufion of the Confift:ory, the Pope gave Exhortations to the "*'/«?• "• 
 Advocates to be moderate in their Pleadings, to obferve the Rules of '^^^J' '49'^- 
 Civility towards one another, and always to appear in a decent Habit. 
 
 XVI. Nothing of very great Moment happened the following a Touma- 
 Days. Upon the Creation of two new Confuls at Conftance, the ment. 
 Princes had a mind to divert themfelves at a Tournament. Every ^"^' ^^ 
 thing: was prepar'd for it in the Court of the Epifcopal Palace •^ but 
 
 t^ie Pope, unwilling perhaps that the fame Place where he had juft been 
 Vol. 11. B b . crowned
 
 194 
 
 7he Htfiory of the Council <?/ Constance. 
 
 ted at Con 
 Dec. 7 
 
 Dec. S. 
 
 I.VI7. crown'd fliould be prophaned with publick Sports and Diverfions, re- 
 L/'W/ ("ufing to Ice them have that Place, they were fain to chii(e another 
 
 for the Entertainment. 
 AnAffjflina- XVJI. SoME Days after this, a tragical Accident happened at 
 tion commit- Cofijlance, by the Aflaffination of the Prior of the Beuediains oi'Lu- 
 ccrny who was raurder'd, at Seven o'Clock in the Morning, upon a 
 Bridge at Conjiance, by a Ruffian, hir'd for the Piirpole by the 
 Burghers of Lucern, bccauie they had been caft by the Beneditiins in 
 a Law-fuit. The AfTadin being immediately apprehended, made a 
 voluntary Confeffioni but Dacher lays, that he jultify'd what he had 
 done to the very laft. Three Days after, the Murderer was dragg'd 
 at: the Tail of a Horfe, through the Streets of the City, to the Place 
 of Execution, where he was broke upon the Wheel. Dacher lays, 
 that as the Murderer pals'd through the Dominicans Street, where he 
 had committed the Ead, the Carcafs, which was kept above Ground 
 in that Monaftery, was leen to fweat, and that, juft as the Sentence 
 was pronounc'd, the Blood flow'd from it in fuch a Qiiantity, and fb 
 frelli, as if the Murder had been but that very Moment committed. 
 I have often heard Stories of this kind, of which I leave every one at 
 Liberty to make his own Judgment, provided that I be allowed hear- 
 tily to disbeUeve it. 
 Indulo;encies XVIII. On the 17th o'i December., the Pope caufed Proclamation 
 to be made by Sound of Trumpet, for all Perfons, of what Rank Ib- 
 cver, of either Sex, that had any Favours or Benefits to defire of 
 him, to repair, by a certain Hour, to his Palace. The Pope and 
 Cardinals, the Emperor, the Eleftors and Princes, came, on the Day 
 appointed, probably to the very fame Theatre that had been erefted 
 for the Coronation of the Pope, who there folemnly gave his Bene- 
 diftion to the People. After this Ceremony, he ipent fome Days in 
 giving Audience to the Dem.ands of private Perfons, and in the dis- 
 patching of Bulls. Nor did the Cardinals want Employment, every 
 one of thera being furrounded by hundreds of People, as often as 
 they went to the Pope's Court. Next Day, the Pope held a private 
 Confiftory, wherein he fwore to the ProfefTion made by Boniface VIII, 
 in Prefence of the Deputies of the Nations who had elefl:ed him. It 
 had been agreed, in the Reforming College, that, for the future, all 
 the Popes eleO: fhould make the fame ProfefTion, with the Additions 
 which tlie Reformers had thought fit to make to it, and which have 
 (a-) Ssftion been already mention d {a). This was very near the lame ProfefTion 
 LXXVIII. which they had refolv'd to prefent to the future Pope in the XXXIXth 
 ^■''- ^'- SefIlon,,only that 0^ Boniface ^W\. is larger. For inftancej the 
 Pope therein promifes not to alienate the Revenues of the Church in 
 any Manner, or under any Colour or Pretext whatfoever j to maintain 
 the Ecclefiaftical Difciplinc, and to caufe it to be re-eftabliih'd, by 
 
 the 
 
 granted by 
 she Pope. 
 Dec. I-]. 
 
 Die. iS. 
 r. d liardt, 
 T.IV. p. 
 1497-
 
 The Hifiory of the Council <?/ C o n s t a n c s.' 1515 
 
 the Advice of the Cardinals, when the fame is in any Article violated. 1417. 
 As the Profeffionof ^ow/<?(re VIII. is loofe, I am not fnrpriz'd that 
 it was made by Martin V^ but as he had already caufed the Rules 
 of his Chancery to be drawn up, I know not how he could, with a 
 iafe Confcience, fwallow the Oath he now took to oblerve the Addi- 
 tions which were made to that Bull by the Reformers, becaule they 
 were direttly contrary to the Rules of the RomiJ]} Chancery, which 
 he had already caufed to be drawn up. I leave the Reader to judge 
 of this Matter, and proceed to other Affairs. 
 
 XIX. It v^as much about this Time that they fay Maurice 0^ Maurice o? 
 Prague compofed a Treatife, by Order of the Council^ againft the P^tg''-^'^ 
 Communion in both Kinds; and particularly againft the Treatile 3''^'^"!^''? '''" 
 yN\\\zh. James de Mif.i., alias Jacobel, had writ in 141 5 in Defence of^ommun^oa 
 this Praclice. Thefe are the chief Arguments which M,;?«r/« makes in bothKinds. 
 ule of againft Jacobel. After having laid it down for a Principle that ^'- <>■ J-'^'^ii', 
 the Infallibility of the Church is a Truth of Faith, as elfential, and*^'^^^ P"''- 
 as certain as the Incarnation of Jeliis Chrift, he draws this Confe- 
 quence from it, viz. that if the Communion in both Kinds was ne- 
 ceffary to Salvation, as Jacobel affirms, it would follow, that, contra- 
 rary to what Jeltis Chrift has promifed, the Church, which has, for 
 many Ages, kept to the Practice of giving the Communion to the 
 Laity only in the Species of Bread, muft have been all that while in 
 a damnable Herefy. I queftion whether Jacohel would have been 
 much ftartled at this Conlequence. Afterwards Maurice makes ufe of " 
 another Argument, almoft of the fame Kind, viz. That Jefus Chrift 
 having promifed his Difciples, that when the Holy Ghoft fliould 
 come, he would teach them all Truths ; if the Communion in both 
 Kinds was necelTary to Salvation, it would follow from thence, that 
 the Holy Spirit has not fulfiU'd the Promile made by Jefus Chrift, 
 becaufe it has no where Ihew'd this Neceflity. Any Difputant that 
 ihould undertake to anfwer this Argument, would, in my Opinion, 
 find it no hard Task to fet it afide. He might oblerve, for inftance, 
 that the Neceflity of the Communion in both Kinds is not in the 
 Number of thole Truths which jefus Chrift did not teach to his 
 Dilciples, becaule they could not yet bear themj for he himfclf infti- 
 tuted the Communion in both Kinds, and exprefsly commanded it to 
 be put in Praftice. And if, after the Inftitution of Jefus Chrift, the 
 Communion in the Species of Bread only was become necelTary, this 
 is what the Holy Spirit could not but have taught. Therefore Mau- 
 rice'% Argument makes manifeftly againft him. In the fourth Chapter, 
 he has Recourfe to an Argument of another Nature. He pretends, 
 that, in the Apoftles Time, the Primitive Church changed the Form 
 of Baptifm, which was prefcrib'd by Jefus Chrift in "thefe Terms ^ 
 Baplife^e in the Name of the Father^ of the Son, and of the Holy Chofi \ 
 
 Bb 2 and
 
 1-56 The Hijlory of the Council o/ C b n s t a n c e. 
 
 1417. and he infers from it, that with much more Reafon the Church might: 
 L/'^^^J afterwards cliange the Praftice of the Communion in both Kinds into 
 that of the Communion in the Species of Bread alone, becaule the 
 Form of Baptifm is more effential to that Sacrament, than the Com- 
 munion in both Kinds is tothe Sacrament of the Eucharift. Several 
 ReHeftions might be made upon this ; but I ihall content myfelf 
 with fome hiitorical (3bfervations. i. He ought to have been fully 
 alfur'd of this Faft, 'viz. that the Primitive Church chang'd the 
 Form of Baptifm prelcrib'd by Jeilis Chrift. 'Tis true, that in ths 
 fecond and eighth Chapters of the Book of the Ads of the Apoftles, 
 quoted by Maurice^ mention is only made of baptifing in the Name 
 of Jefus Chriii;, but 'tis not laid that the Apoftles did not alio baptife 
 in the Name of the Father and the Holy Ghoft, much lefs that they 
 chang'd the Form prelcrib'd by Jefus Chrift. The Bufinels in Hand, 
 upon this Occafion, was to oblige the Jews to own Jefus for the 
 Meffiah \ and therefore St. Luke only fpeaks of baptifing in the Name 
 of Jefus Chrift in his Hillory, without making mention either of the 
 Father or the Holy Ghoft. 2. The Form prelcrib'd by Jefus Chrift 
 had a particular Regard to the Nations •, that is to fay, to the Gen- 
 tiles, who knew neither the Father nor the Holy Ghoft ; whereas 
 the Jews owning the Father, and being Witnefies of the Operations 
 of the Holy Spirit, it was not lb necelTary to make exprefs mention 
 of both. 5. Suppofe alfo, what does not appear, that the Apoftles 
 did alter the Form prefcrib'd by Jefus Chrift j I imagine we ought to 
 make a great Difference between the Authority of the Apoftles, and 
 that of the Dodors who afterwards introduc'd the Cuftora of comr 
 municating in the Species of Bread alone. I leave it to thole skill'd 
 in controverfial Arguments to examine which is the moft effential, 
 the Form of Baptilrn in this Sacrament, or the Species of Wine in 
 that of the Eucharift. 
 
 In the fixth Chapter, Maurice eftabliHies the Authority and Infal- 
 llbity of general Councils, and confequently the Right which they 
 had to alter the Praftice of the Communion in both Kinds. To fay 
 nothing of the Principle which will be dilputed with Maurice, I can 
 hardly pafs over a Fad which he advances in this Chapter, namely, 
 that the fixth Council of Confiantimpky and the fixth of Toledo, pro- 
 nounced in favour of the Communion in the Species of Bread alone. 
 For this Point was not controverted in thole Councils ^ and the very 
 Paffages which the Author quotes from them, would be fair Argu- 
 ments to prove, at leail, conlequentially, the contrary of what he 
 pretends. 
 
 In the feventh Chapter, I find a very particular Argument for 
 with-holding the Cup, 1-72;. that as it was heretofore only granted to 
 SdieverSj as & Symbol of the, Blood they were always ready to 
 
 ihed
 
 The Bifiory of the Council ofCo n s t a n "c i] igj 
 
 shed for the Name of Jcfiis Chrift, there was Reafon for with-holding 141 7. 
 the Cup from them, when the Zeal of the Church for Martyrdom L/^^^T'SJ 
 was abated. In the following Chapter, the Author endeavours to 
 juftify this with-holding of the Cup, by an Argument whicJi would 
 be more piaufible if the Principle of it was well prov'd, -jtz. that the 
 Body and Blood of Jefus Chrift are both entire in each Species of the 
 Sacrament, and particularly in the Species of Bread, Jefus Chrilt ha- 
 ving faid of Bread alone*, / am the Uvhig Bread, ivhich came down 
 from Heaven ; if any Man eats of this Brtady he flmll live for ever. 
 It was, lays he, to confirm the Laity in this Faith, that the Church 
 took away the Chalice from them, for fear they fhould imagine 
 that Jel'us Chrift is more fully under both Kinds than under one a- 
 lone. For, according to this Doftor, both Kinds are not neceiiary in 
 the Sacrament of the Eucharift with refpcft to its Eflence and Efficacy •, 
 and Jelus Chrift only inftituted them for a clearer and more ample 
 Signification of fevcral Myfteries which Maurice explains in tiie 
 eleventh Chapter. But, continues he, as the Lairy are too ignorant 
 and ftupid to perceive the Relation which there is betwixt the Sign 
 and the Thing lignify'd, the Church was in the right to referve the 
 Chalice, as a Privilege peculiar to the Clergy, who are more intelli- 
 gent. As to this Paiiage in St. John, Except ye eat the TlefJo of the 
 Son of Man, and except ye drink his Bloody &c. Maurice explains it, 
 as St. Auflin did, of the Spirital Manducation which is by Faith in 
 the Paffion oF our Lord Jellis Chrift. This was the very PalTage that 
 determined Peter of Drefden in favour of the Communion in both 
 Kinds, and which engag'd him to reveal his Sentiments upon it to 
 Jacobel. It was afterwards made ule of to fiipport the real Prefence and 
 Tranfubftantiation, but neither of them to any good PLirpofe,becaufe the 
 Eucharift is not at all intended in this Paflage. And if Jacobel had 
 not had Recourfe to other Arguments, and other Scripture-Pailages, 
 to fupport the Communion in both Kinds, he would have afted very 
 wrong to make lb great a Flourilh upon io flight a Foundation. From 
 all thefe Principle?, M-aar/Vf concludes his firft Book, by affirming that 
 the Laity are obliged to Submit to general Councils, as well with regard 
 to this Alteration, as with regard to others which the Church has made, 
 not only in the Sacrament of the Holy Supper, but alio in that of Baptifm. 
 Baptifm, fays he, for inftance, accordmg to the Inftitution of Jcflis Chrift-, 
 was only to be adminifterM by the Clergy, but afterwards the Churcli 
 thought proper to caulc it to be adminiftet'd, in Cale of Neceffity, 
 by Women, and even by Jews and Pagans, provided they obferve the 
 Ceremonies of the Church, and are difpoled to perform what the 
 Church does. He mentions other Alterations which the Church has 
 made, and which, he pretends, ihe has legally made, nocwiL:hftan.ding 
 the Pradice of theApoftles; fuch as the receiving the Communion .. 
 
 fafting, -^
 
 198 The Hijiory of the Council <?/ Co n stance. 
 
 1417. fafting, and not after having eaten j to communicate with leaven 'd 
 V^«''VN.^ Bread, indead of communicating with unleaven'd Bread j and the 
 forbidding of Priefts to marry, tliough the Apoftles and Primitive 
 Bifliops were marry 'd. In his fecond Book, Maurice anfwers the 
 Avithorities which Jacobel quoted from the Scripture, the Fathers and 
 Schooolmen, in favour of the Communion in both Kinds, and reports 
 the Reafons or Inconvencies which obliged the Church to with-Jiold 
 the Cup from the Laity. But as theft Anfwers contain nothing more 
 than what is before mentioned in the firft Book, and as the Inconve- 
 niencies which Maurice takes Notice of in the Communion in both 
 -Kinds, are the lame that we mention'd when \\t gave an Extrafl: from 
 Gerfon upon this Subject, we fhall no longer infill on it, but redime 
 the Thread of the Hiftory, by proceeding to the XLIId Sefllon. 
 SESSION XX. This is the firft Seffion in which Martin V. prefided. The 
 Fort y Emperor was prefcnt, with all the Princes, Prelates and Ambaffadors. 
 r)«°2s'' After the ufual Ceremonies, the Cardinal of St. Mark read a Bull 
 r. d. Hardt^ from the Pope, in which, by the Council's Approbation, he order'd, 
 T. iv. p. that Bdihafar Cojfa, the late Pope John XXII I, who had been a 
 J497- Priibner at Heidelberg and Manheim for two Years and a half, ihould 
 
 be dilcharg'd out of the Cuilody of the Emperor, and the Ele£l:or 
 Palatine^ and delivered up to the Pope. The Bull is dire£ted to the 
 -Emperor in thele Terms. Martin Bijhop, Servant of the Servants of God, 
 to bis v:ojl dear Son in Jefus Chriji, Sigifmond, the illuflnous King of 
 the Romans, Health and ApofioUcal BenedeElion. In this Bull, the Pope 
 declares that the Depofal of John XXIII. was canonical ; that Bal- 
 ihafar Coffd is, by the Council's Approbation, deliver'd over to the 
 Pope's Cuftody j and that the Emperor and the Elector Palatine are 
 dilcharg'd from that Care, as they had earneftly defir'd. It was ap- 
 prov'd by a Placet^ which the BiHiop of Oftia pronounced in the 
 Name of the Council (i). That was all that pafs'd in this Seffion. 
 ^ ^v"'"''''' For it does not appear, by the Afts, that this was the Day on which 
 i-io" ^ Plenry de Beaufort, Son to the Duke of Lancafler and Bilhop of JVin- 
 chejier, was declar'd Cardinal by Martin V. and his Legate in 
 Wales and Ireland. Mean time, the Hiftory oi' England fays exprefs- 
 ly, that this Bull of the Pope was read in the Council, and that the 
 Pope gave no Title to the new Cardinal, but only promifed to publiili 
 this Creation, and to fend him the Enfgns of his Dignity in due 
 Time and Place. 'Tis certain, that this Legatefhip was contefled in 
 
 (O In the Publick A£i;s of England, faid ASs, that Balthafar Coffa had alfb 
 
 there's Sigifmond's Letter to the Elcftor been committed to the Cuftody of" Henry 
 
 PaIati»e,to dehvet Baltb.ifarCoffa into the Beaufort Bifhop o( fVincheJler ; for there is 
 
 Hands of Martin V. Rymer's Fcedera, the Difcharge which was granted him 
 
 Vol. IX, p. 538. It is plain, from the from that Care by >f4r/;> V. 
 
 Englami
 
 The Hifiory of the Council (J/^ C o n s t a k c e. 199 
 
 England. Henry Chicheley (i) Archbifhop of C(7«/^ri5«>7, wrote to the 1417. 
 ICingto tell him, that this Undertaking ofche Pope to lend a Legate WVVi/ 
 to England, was contrary to the Laws of the Kingdom, as well as 
 contrary to the Privileges of the Primate of England., and advifed him 
 to forbid the Bilhop of IVinchefter to alTume the Title of Cardinal 
 Legate. Neverthelefs, he was conlirm'd in this Dignity in 1426, 
 after the Death of King Henry V, though not without Ibme Oppo- 
 fition. This was all that pafs'd this Year worthy of Remark. I ihall 
 only take Notice here en pajfant of the Death of the^^mperor's Great ^^'- ;o- 
 Chancellor, who died at Conjlance the jcth o^ December. His Obfe-~ ''• ^'"■*. 
 quies were ^^zrioxrcid. January ^, x.\\%\ and George de Hohenlohe Biiho^ j-q^ ' ^' 
 oi'Pa.ffju iucceeded him in that Dignity. ^'' 
 
 The preceding Years were remarkable for confiderable Events, 14 iP. 
 which were worthy of the Publick Attention. They were Years of ^-i^V^SJ 
 continual Adlion and hurry. Tiie tmperor, Princes and Prelates 
 effectually beftirr'd themlelves for the Union of the Church, and three 
 Rival Popes were oblige i to rel^gn the Chair to a Pope elefted ca- 
 nonically. This Year too no leis dcferves the Attention of the Pub- 
 lick, but 'tis for a very contrary Reafon. Little or nothing was done 
 in it} and we fhall Hnd as great a Buftle was made, in order to do 
 nothing at all, and to fhift off the Reformation of the Church, as 
 was made for the Deftruftion of John JIus and Jerome of Prague, 
 whofeonly Crime was, perhaps, their having talk'd too freely of the 
 Corruption of the Church, and their having demanded its Reformation 
 with too much Boldnefs and PaiTion. 
 
 XXL The Pope began the Year with the Celebration of Divine The Empe- 
 Service, and gave a folemn Benediftion to all the People. On New-year's ror creates a 
 Day alio the Emperor confcr'd the Honour of Knighthood on //^^'jr)' ^"'s'""^- 
 de Ulm Conful of Conftance, in Acknowledgment for the great Services """' '' 
 which he had done to the Council. The Solemnity was perform'd 
 in the Cathedral, where the Emperor placed himfelf before the Altar, 
 the Pope and Cardinals all fitting round him. Ihc Conful kneeling 
 before the Emperor, he took his Sword, and, after having ftruck him 
 with it three times upon his Shoulders, lie bad him rife up, and gave 
 him a Belt embroider'd with Gold. The Ceremony concluded with a 
 Regale which the Pope gave to the Emperor, the Princes, and all 
 the Court, as well as to the Cardinals an'd Prelates. The new Knight 
 was alfo one of the Guefl:?. Backer lays, that on the 6th oi' January 
 Lewis de Deck, Patriarch of yI(ii!iUJa, arriv'd with his Brother UlricJ^ 
 
 (1) He was chofen Archhiiliop ni Can- laft PLice, Geer^e-yofiph Tggs, have con- 
 
 lerbury by the Monks in 14'. 3, and con- founded Henry de Chicheley widi the Car- 
 
 firm'd in theYear following by ^'''^wXXIir. dinal Henry de Beat:fort -ahova iv.caxxon'd 
 
 The generality ofHiftorians, and, in \]\- See Ar>r;l. Sacr. T. I. p jzi,
 
 TOO The Hijlory of the Council of Constance. 
 
 1418. ' de Deck, and that leveral Cardinals, with the other Patriarchs, Arch- 
 v..^-V-vj bifhops, Biihops, all the Clergy, the Princes and great Lords, went 
 
 to meet them, except Sigifmond, who was indifpoled. 
 The Pope XXII. Some time after this, the Pope affembled a general 
 acknow- Co gregatioD of the Cardinals, Patriarchs, Archbllhops, and all 
 ledges 5/^?/- jVjg Prelates, as well as of the Princes and Nobility, for the foiemn 
 K^"^^of he ^^'^*^S"''^'°" of %i/ko«(/ King of the Romans. After the Pope had 
 Rom°ni. celebrated the Mafs, and the Bilhop of Coire had made a Speech to 
 ^4«. 24. the AlTembly on the Part of the Emperor, the latter fell on his 
 , Knees before the Pope, who own'd him for lawful King of the Ro- 
 nm.ns, and- declar'd, that, by his Apoftolical Authority, he fupply'd 
 . all Deficiencies that spaiglit have happen'd in his Eledlion. After this, 
 Martin put a Crown of Gold into the Hands of the Cardinals d''Ofiia 
 and lies Urfms, who, at the fame time, placed it upon the Head of 
 Sigifmond. This Ceremony being ended, an Afl: was read, whereby 
 Sigifmond promifed to be true to the Apoftolical See, and fwore it 
 upon the Crofs. After which, the Pope, on his Part, gave Sigif- 
 mond his Hand, and promifed to have all the JvefpeO: and Regard 
 for him that were due to an Emperor. Here it muft be obierv'd, 
 that the Coronation of Sigifmond at Conjlance was only a Confirmation 
 of his Coronation at Jix la Chappelle. For, in thole Days, the Em- 
 perors only bore the Title of the King of the Romans til! they were 
 crowned Emperors at Rome^ where Sigifmond v;as actually crown'd by 
 'Eugene IV. in 14^8. 
 
 We will take this Oportunity to give the Opinion of an Author of 
 fbme Weight, concerning the Imperial Crowns, which, perhaps, the 
 Reader will not be lorry to lee. The Writer I mean is JEneas Sylvius, 
 celebrated for his Learning, his Works, his Negociations, his Em- 
 ployments, and for the Inconftancy he dilcover'd after he had been 
 elected a Pope by the Name of Pius II. (i). In his Hiftory of the 
 Emperor FrederickYH. (?), at whofe Coronation he attended, he de- 
 clares as follows. ' I will here, in a few Words, fay fomething about 
 ' the CroivKs^ left it ihould be imagin'd that I am filly enough to 
 ' give into the Opinion of thole who think that the Emperor ought 
 <^ to receive three Crowns, viz.. the 'feutonick, that of Milan, :ind 
 
 * that of Rome, the firft of Silver, the lecond of Iron, and the third 
 '■ of Gold; which has given Rife to a world of DifTertations upon 
 
 * thole Metals. The Canon Lawyers themfelves are guilty of very 
 
 * whimfical Notions in their Explanation of what each of thole Me- 
 ' tals fignifies. They fay, for inftance, that as Gold is the moft pre- 
 
 (1) Witnefs the Saying, ^od JEtiens (2) JEn. Syh. Hifi. Fred. Ill p. lyr,' 
 frcbavit, Pius d/imnatiit, z. e. What -SwM-' 152, 15; This Work was compofed 
 approv'd, Pius condcmn'd. when JEneas Sylvius was bu: a Biihop. 
 
 cious
 
 The Htjlory of the Council (?/ C o n s t a k c e. 201 
 
 cious of all Metals, fo the Roman Empire (i) has the Advantage 1418, 
 
 * of all the other Empires. But vvhatlbever Matter the Crown may s^-Vx^ 
 ' be made of, there will always b& Room for Allegory. For ray own 
 
 * Part, I am affur'd that there is no certain determinate Number of 
 
 * Crowns ; and we don't find that the ancient Emperors, from the 
 
 * Reign of Augtifius to AurellaH^ were crown'd. For, according to 
 ' Eutropius, Aiirelian (z) is the firfl: that incircied his Head with a 
 ' Diadem, or that wore a Habit fparkling with Jewels, and embroider'd 
 ' all over with Gold. We know that the Diadem was in Ufe before 
 
 * the Crown, and that the one is ibmewhat different from the other.' 
 But after the Popes crowned the Emperors &t Rome (3) . . . there is 
 to be no other Crown for the Empire but that oi Rome. Mean time, as 
 the Kingdom o^Gerniany appertains fully and wholly to the Empire, 
 it has been thought tit to crown the Emperor at Jix la Chapellc 
 (Aquifgranum)y which is the Capital City of this Kingdom, in Quali- 
 ty of King of Germany, for fear it fliould leem that the German Na- 
 tion had been depriv'd of an Honour which belongs to it (4). The 
 fame Obfervation is made with Regard to the Kingdom of Lombardy^ 
 which, after the Reduction of the Low^^/rrt'i-, was erected into a Kingdom 
 inftead of a Province, and united to the Empire. Ancient Writers have 
 made the lame Oblervation with Regard to the Kingdom of Burgundy^ 
 which, we are told, Bofon (i) deliver'd up to the Roman Emperors, 
 the Kings whereof were crown'd at Arks. I fancy that it would be 
 the very fame thing if any other Crown devolv'd to the Emperor. 
 Now I know very well that all thefe Crowns are of Gold j though in 
 the Middle of the Milan Crown there's a little Plate of Iron, in Form 
 of a Circle, which has given Occafion for ■&. fooliJJ} Interpretation (jiult^ 
 Interpret at ioni). For the Prophet Daniel, in delcribing the four largeft 
 Kingdoms, compar'd the laft of them, which our Wifeacres pretend to 
 be the Roman, to Iron ; becaule as Iron breaks all Metals, lo the Ro- 
 man Empire has broke all other Kingdoms to Pieces. But at thi^ 
 Time of Day (pr oh Dolor!) (a) the leaft Power upon Earth hurts it, 
 fo that its Feet feem to be of Earth or Clay. So much for Crowns. 
 
 XXIII. The Pope had now been chofen almoft two Months, and Memorial of 
 the Reformation was as far off as ever. The Nations be^an to be .^'^ f'""""* 
 
 ^ lor the Kc- 
 
 formadon. 
 
 (1) By this you arc to undcrftand the Text of JEneas Sylvius^ uhere 'tis faid 
 See oi B.ome. rernm poflquam Roman! Vovtificii Remit. 
 
 (2) I/ie primus afud Rtmanti Diadema (4) Cxfares coronare. 
 
 capiti inaexult f^emmifque & aurat.i omni ( 5 ) Bofon was King «f Aries in the IXth 
 
 vefie, cjuod adhuc fere irict^nititm Romanis Century. See Theodoric de Sum concerning 
 
 ntcribiis videbatur, ufus efi. This is ;i tlie Emperor's Right to Burgundy. De I'ita 
 
 Quotation from Aurelius riBor Epitom. & Fatis Baltb. Lib. III. c. 53. ap. F. d. 
 
 p. y3, and not from E«»co^/«;. Ilardt^ T. II. p. 447. 
 (5) There is (bmething -waating in the i6) Pariia qutvu fotcpiia ti graiis efi. 
 
 Vol II. C c vety
 
 202 The Htjiory cf the Council of C o ><i s t a n c i.' 
 
 1418. very impatient at a Belay which they coiiki not but fee was ftndy'd, , 
 \J'^>r\J becaule Martin^ fince his Elcclion, had taken due Care of other Af- 
 fairs, wherein his own Intereft was concern'd. 'Hie Germans, in par- 
 ticular, had made fo great a Sacrifice in the Conclave in favour of a ■ 
 Union, that they might well e\pe£t Jbme Regard to be paid to their 
 Demands touching the Reformation. Therefore they gave in a Me- 
 morial upon it to the Pope, v.'hich was found in MS. in the Library 
 of Gotha, It confifled of eighteen Articles, that chiefly related to 
 the Reformation of the Pope, and of the Court of /?e»?c, which was 
 the only right Way of beginning the Work \ for if once they had re- 
 form'd the Head, the Reformation of the Members would have been 
 much more eafy. Moreover, Time was prefling ; the Council had 
 now been afTembled above three Years •, every Member of it long'd 
 for Retirement;, there was a NecefTity therefore of doing what was 
 moft in Hai^c, and leaving the reft to another Time. Thefe were 
 the eighteen Articles of the Memorial. 
 
 The tirft relates to the Number, Quahty and Nation of the Car- 
 dinals. The Gennans think that the Cardinals ought to be reduced 
 to the Number of eighteen, though they will not oppofe the Number 
 twenty four if the other Nations think fit. As to their Qtiahfications, 
 they require that they fhould be Men of Learning, good Behaviour 
 and Experience in Affair?. That four of them, at leaft, be Doctors 
 of Divinity, and the others Doftors of the Canon and Civil Law, 
 except a very few, who may be of Royal Blood, or the Sons of 
 Ibme Prince. Befides, the Cardinals ought not to be too nearly re- 
 lated, or ally'd to any Cardinal living} nor ought there to be 
 more at a time than one of any one religious Order. They all 
 ought to be born in lawful Wedlock, without any remarkable Defor- 
 mity in their Bodies, and without Blemifli in their Lives. Finally, 
 the Germans would have the Cardinals chofen out of every Nation, 
 as far as polTible, without Partiality^ and that the Eleftion be not 
 made privately, but in full College, and by the Concurrence of the 
 Cardinals. 
 
 The fecond, third, fourth and fifth Articles relate to the Re- 
 ftrvations of the Court of Rome, the Collation of Benefices, the Con- 
 firmation of Ele£lions, and the Annates. As to thefe Articles, 
 the German Nation refers to the Alemorial which they had de- 
 liver'd to the Cardinals appointed by the Pope for the Reformation 
 of the Church. In this Memorial, they had demanded that the Pope, 
 or the Apoftolical Sec, only referve thofe Benefices to themfelves 
 which they have a Right of referving by the Settlement of the Canon 
 Law : That, according to the Decree of the ancient Councils, and the 
 Intention of thofe who had founded and endowed Churches, the Right 
 of Elections, Confirmations, Cdlations, Ftoyifions, Prefentations, i^c. 
 
 in
 
 The Hijiory of the Council of C d N s T A i^ c e.' 203 
 
 in Archbiihoprlcks, Bifhoprlcks, Abbeys, and other Dignitie? or Pre- 1418. 
 lacies, vvhich are not reierv'd to the See o^ Rome by the Canon Law, 
 be le't in the Metropolitans, Bifhops, Prchues, Chapters, Colleges, 
 and other Patrons or Collators, faving the Right of the laid See, 
 with Regard to the Churches and Monafleries which hold of it im- 
 meaiacely, or by Privilege of Exemption : That the exorbitant Re- 
 fcrvations fet down in the Rules of the Chancery Ihall be abolifh'd : 
 That neverthclefs, when a Collator has more tlian five Benefices in 
 his Gift, the See o'i Rome may grant a Gratia ExpeBati-va, or Rever- 
 fionary Grant ^ for one or two of thole Benefices, with this Claufe, If 
 ive have not already wrote down for another. As to the ylnnates., as 
 far as I can underftand the Memorial, which is very obfcure in this 
 Place, it feems to me that the Germans grant them abfblutely, with 
 regard to fiich Benefices as hold immediately of the See of ^o»?f} 
 and that as to the other Benefice?, they conlent to the Payment of 
 the Annates.^ as they are rated by the Court of Rome., till the Patri- 
 mony of the Church is recover'd, on condition, however, that the 
 Tax be moderated when it becomes exorbitant. As to the lejfer 
 Services, which confill: in the Fees of the Officers of the Court, or 
 of the Chancery, for Difpatches, they are reftor'd to the Footing 
 they were on before the Schifm. And if it happens that a Benefice 
 becomes vacant twice, the Annate for it fhall only be paid once ; nor 
 ihall it be paid for the Vacancies of irnall Benefices, which, according 
 to the Tax, do not exceed thirty Florins. 'Tis alio the Intention of 
 the Memorial, that all Debts incurr'd on Account oi tht Annates, be 
 releafed or remitted. 
 
 The fixth and (eventh Articles related to Caufes which may be 
 try'd by the Court o'iRome, and Appeals to the laid Court. As to 
 the former, 'tis demanded, that hereafter no more Caufts be admitted 
 at the Court of Rome with this Claufe, 7'hough this Affair be not of 
 fiicb a Nature as is cognizable at the Court of Rome. That the Apo- 
 ftolical See fliall no longer judge of any Affair th^t is purely civil be- 
 tween Laymen who are not Subjects of the Chwxch. o^ Rome, as to 
 Temporals, under any Pretence whatlbever, except in thele Cales. 
 If, for inftance, 'tis a Caufe between Members of the Croifado, who 
 pals through Rome, or Ibjourn there, as they are going to the Relief 
 of the Holy Land ; if it appears, from Evidence, that the Secular 
 Judge has neglefted the Affair^ or if it be rcferr'd to the Decifion of 
 the Court of Rome by Confent of the Parties : That Pecuniary Caufes, 
 even fuch as appertain to the Pxclefiaftical Tribunal, fliall not be 
 brought before the Court o'( Rome, when the Money in Difpute docs 
 not exceed above a hundred Crowns of Gold ^ nor Beneficiary Cauies, 
 when the Sum in Difpute docs not exceed fifteen Marks of Silver, 
 though it Ihould be pretended that the Benefice was conferr'd by 
 
 C c 2 Apoftolical
 
 204. The Hijlory of the Council <?/ C o m s t a n c e^ 
 
 141 S. Apollolical Authority : That matrimonial Caufes fhall not be broughcr- 
 L/'V'SJ before the Court, unlefs it be between Perlbns of the firfl: Rank, but 
 in cafe ot'the Negleil of the l,ay Judge, or with the Confent of the 
 Parties. As to Appeals to the Court of Rome, they ought never ta 
 be admitted, without very great CircumfpeQion. The Pope fhall in- 
 quire into the Realbns of it, and make the Appellant Iwear that he 
 has not appeal'd, either to protract the Affair, or to oblige his Ad- 
 verfary to compound the Matter or to drop the Procef^;, nor for any 
 other Motive of Intereft, but from pure Necefllty. And if it appears 
 that the Appellant has not made a proper Appeal, the Caule fhall be 
 referr'd to the ordinary Judge, and the Appellant condemnd to pay 
 Cofts, or to Hiffer Ibme Puniihment of another Nature. 
 
 The eighth treats of the Officers of the Chancery and Penitentiary, 
 They demand that the Proceedings, efpecially thole which I'elate to 
 Suits in Beneficiary Caufes, may be fhorten'd, to the end that tha 
 Treafure of the Church may not be Ipent in Law, contrary to tlie 
 Purpofes for which it was left: That while theProcels is depending, 
 particular Coramitlions be not appointed to the Prejudice of either of 
 the Parties, unkJs it be after they have been heard in a publick Con- 
 liftory : That the Salary of the Officers of the Chancery be re-efta- 
 blifh'd on the old Booting, according to the Opinion of the Reform- 
 ing College : That the Officers of the Chancery and Penitentiary be 
 chofen out of Icveral Nations: That ConfcfTion Chairs be not multi- 
 ply'd, and that none be Confeffors but thole who have the Cure of 
 Souls: That the Archbilliops, Bifliops, the Abbats and Prelates of 
 thofe Places which hold immediately of the Apoftolical See, may, 
 take Cognilance of Cafes referv'dto the faidSee, how grievous ibever 
 they may be. 
 
 The ninth Article treats of the Exemptions and Unions of tho 
 Churches, or Benefices, that were made during the Schifm. As to 
 the Exemptions from the Jurifdi£tion of the Ordinaries, 'tis demand- 
 ed, in this Memoral, that all thofe which were made during the 
 Schifm, without the Confent of the Ordinaries, or without having 
 heard the Parties and examined, the Caule, be entirely made void, 
 but" efpecially the Privileges which derogate from the Conftitutions of 
 Innocent IV. and Clement V ^ and that all thofe which are made foe 
 the future without mature Deliberation, fhall be of no Validity. 
 The lame thing is demanded with regard to the Unions, or Incor- 
 porations of Churches. 
 
 The tenth Article .relates to the Commendams. In order to un-r 
 
 derfland this Article, it muft be obferv'd, that heretofore Commen- 
 
 ,ivf4'/o/i>r's dams were only Livings veiled in Truft. Let us hear M. Marfolier 
 
 Ciri^inof thei,pQn this Subjeft, in his excellent Treat ife of the Origin of the Tenths. 
 
 ■ .TGn:lis, p. t vVhsn ?in derive Benefice, llich as a Billioprick, Abbey, or ever» 
 
 *57>- ' 'any
 
 Tlie HiJIory of the Council of Con s t a n c e. 205^ 
 
 any other Benefice which depended on a Patron, liappen'd to be 14 18. 
 ■ vacant i and when, for good Reaibns, they could not prelcntly fill' 
 ' it up, he who had the Right of Prelentation recommended it to 
 feme Perfon of Merit to hold it till he had dilpofed of it to the 
 next Incumbent. Befides, that this Perfon had no Right to pocket 
 the Revenues which were recommended to him, as he had gene- 
 rally the Care of another Church of which he was Incumbent, the 
 Commendam could not but be a Charge to him: Therefore upon 
 this Occafion his Revenue was in fbme Meafurc augmented. It 
 would have been very improper to have fald, that the Perfon who 
 held the Benefice by Commendam was Proprietor of the Benefice 
 which was thus recommended to him, only for a time. Nevcrtheleft, 
 the Canon Lawyers took Occafion from thence to aflert, that one and 
 the fame Perfon might enjoy two Benefices ^ the one as an Incumbent, 
 the other in Commendam. At fiift, the Commendam lafted no longer 
 than the Difficulties were remov'd, and the vacant Benefice fill'd 
 up. They were afterwards extended, which gave Occafion to the 
 ' Popes to order that the Bifhops fliould not enlarge tlie Time of 
 the Commendam beyond fix Months. Ncverthelefs, this was not 
 a Ivaw for them -, for it was pretended, that when the Pope had a 
 mind to give a Benefice to any Perfon who had not the neceffary • 
 Qiialifications, either in relpeft • of Age, or becaule the Benefice 
 was Regular, and the Perfon to be prefer'd to it a Layman, or for 
 any other Realbn whatlbever, the Commendam granted by the 
 Pope might continue as long as he pleafed ^ and till fuch Time as 
 the Perfon he had a mind to gratify had acquir'd all the Qiialifi-' 
 cations requifite for the Benefice in Qiieftion.' The Gernjanick Na- 
 ion is of Opinion therefore in this Memorial, that unlels there be a 
 manifeft Necefljcy, no Cathedral, Conventual or Parochial Church, 
 nor any Benefice with Cure of Souls, nor any Hofpital, or other 
 Place fet apart for Exerciles of Hofpitality, fliould be given in Com- 
 mendam but for a very fhort time. That if, however, the Pope 
 thinks fit to do it of his plenary Power, the Perlbn prefer'd to it 
 fliall not only be inducted to it verbally, and by Letters, but really 
 and aftually -, to the end that the Cure of Souls, and the Divine Ser- 
 vice, may not be neglefted ^ that the Fxclefiaflical Edifices and Ellatcs 
 may not run to ruin ^ and that the Poor may be maintained. 
 
 The eleventh and twelfth Articles relate to the Intermediats-^ 
 that is to fay, the Revenues during the Vacancy of the Benefices, 
 and the Alienations of the F.flates of the Church of Rome. As to 
 the firft Article, they are of Opinion, that the Revenues of the 
 great and fmall Benefices ought 10 be rclerv'd for the Churches, and 
 for the Succcifors to the Benefice, for the Supply of fthe Ne- 
 ccflities, and for thcEafe of the Burdens of thofefame Churches, and 
 
 that
 
 2o6 The Hifiory of the Council tf/ C o n s t a n c e. 
 
 1418. tJi^t neither the Pope, nor any Ecclefiaftick, ought to ufurp them, or 
 to challenge them, without evident Necefficy. As to the lecond Ar- 
 ticle, they are ol' Opinion, that the Popes ought to piumile not to 
 alienate either the iiitaces of the Church of Rome^ or thole of other 
 Churches-, and that the Archbifliops, Biihops and Abbats, who hold 
 immediately of the Holy See, fliould depole ail fuch as are conviited 
 of any fuch Alienations, and piinilli the Chapters and Perfons thereunto 
 giving their Content. 
 
 The thirteenth and fourteenth Articles relate to the Cafes wherein 
 the Pope may be cenfur'd and dcpos'd. 'Tis the Opinion of the Gev- 
 man isation, that a general Council may puniih and depofe a Pope, 
 not only for the Caule of Herefy, but alio for notorious Simony, 
 and for any other grievous Crime which has given Scandal to the 
 Churcli, and which the Pope has refuled to amend, after having been 
 thereto admonifh'd canonically. They are alio of Opinion, that the 
 Pope, with Advice of tlie Council, ihould publilh a Conftitution, de- 
 claring, that every Pecuniary Contracl, not only with regard to the 
 Sacraments, but alio with regard to Ecclefiaftical Benefices, fhall be 
 reckoned Simony. From thence they proceed to the Article of Si- 
 mony \ and upon that Head they demand, that it be remedied for 
 the fiiture, by enjoining very levere Penalties upon thofe who ihalt 
 thereof render themlelves guilty, either at the Court of Rome, or 
 elfewhcre. And as to fuch Simony as may have been committed for 
 the Time paft, forafmuch as it was general, and as too many would 
 be found guilty, they think it may be pardon'd, or, at leafi:, treated 
 with lels Severity before the Tribunal of Confcicnce. 
 
 The fifteenth, fixteenth, leventeenth and eighteenth Articles treat 
 of Difpenfations, Indulgencies and Tenths. As to the firft Article, 
 they abolifh all Dilpenfations granted for Benefices that are incompa- 
 tible, upon Account of Age or Birth, and Marriages within the pro- 
 hibited Degrees ; and all this according to the Opinion of the Reform' 
 ing College. As to plenary Indulgencies, they make void all thole 
 which have been granted illegally during the Schiirn j and they de- 
 mand that no more be granted but lor important Reafons, and with 
 the Qualifications of the Perfons, and the"Circumftance of the Fact 
 exprefs'd. As to the Tenths, they do not think that they ought to 
 be impoled but by the Confent of a Council, and for very urgent 
 Necefhty. This Memorial of the German Nation was, without 
 doubt, very moderate, and left Scope enough ftill for the Popes and 
 the Court oi Rome to have gratify'd their Avarice and Ambition, if 
 thefe had not been boundlels. Moreover, 'tis drawn up with lb much 
 • Caution, that there was not a fingle Article wherein the Pope could 
 .find any Pretext for Ihifting off the Reformation. 
 
 XXIV. The
 
 The Hijiory of the Council <?/ C o n s t a n c e. 207 
 
 XXIV. The French were every whit as nneafy as the Germans -sX 141 S. 
 thele Delays, though tliey were more obliged to bear with them, >.-''~v-no( 
 becaufe they had been partly the Caule thereof, by joining, in fpite of^''^^ Vrenc}> 
 the Emperor, witli the Italians^ the Spaniards and the Cardinals, for ^P^ '^' '° '''* 
 putting off the Reformation till after the Eleftion. Neverthelels, they enoT'^e°he° 
 \vaited on the Emperor, and importun'd him to prefs the Pope to Pope% re- 
 give the finifliing Stroke to this great \\'ork. They richly deferv'd f°''ni ^^-^ 
 the Anfwer he made to them. H'ben I ur£d yoti that the Church ^'■^''^'^ ^ 
 772ight be rcforrrid before the Pope "was ele^edy you 'would never come into Gohvcrfma 
 it. You ivould needs ha-ie a Pope before the Reformation. You haveXl p 315 
 one noiv as ivell as ive. Go to him your [elves. As for rne^ I have not ^''•'- ^'^'bom. 
 now the fame Interefi in the Affair as I had while the See was vacant. '^^""- ^"S^'fi- 
 
 XXV. The Spaniards were equally zealous for piifhing on the^ij*^'^^ 
 Affair of the Reforn^ation, from the fame Principle of Intereft al- „i^rdi piefi 
 moft as the Germans and the French-^ and Martin V. had a particular for the Re- 
 Reafon not to contemn the Remonftrances of the Spaniards on thisf°™^t'°"' 
 Head. Though they had abandoned Benediftin XIII, yet they Hill 
 favoiir"d him under-hand, with a View to return to his Obedience, 
 
 in cafe they could not get Satisfaction from the new Popcj therefore 
 they talk'd with more liberty than the others. Not content with 
 grave Remonftrances, they publifh'd very fliarp Writings againft Si- 
 mony, wiierein they even publickly menaced the Pope, if he v.-ould 
 not corrcfl: this Abufe. Among the Aits of the Council o\' Conjiance^ 
 which are in the Library o'i Le'-pfick^ there's a MS. of one of thofe 
 Satyrs, which deferves to be printed at flill Length, becaufe of its 
 Wit and Humour. 
 
 XXVI. MASS againfi Simony. 
 
 * A certain Man fiincy'd he was going in Pilgrimage to the Church Satyr of the 
 *= of the Holy Crofs at Rome. When lie was almolt there, he law ^P'j"'""^' a- 
 
 * theHoufe of a Pcaflmt, nam'd Simon, which was higher thtn that^^'"*^ ''^^ 
 ' Church, tho' the Houfe liad yet no Roof While he was wondering °^^' 
 
 ' ac the Height of it, a Perlbn came to him and laid, Be m longer 
 
 * furpriz'd; do but fit down here, and write a new Mafs, or a new Of- 
 
 * fice touching Simony : For the H^jufe which you fee reprefents the Si Me of 
 « ^\m(yn the Magician, who is always for fcttinghimfelf above the Church. 
 ' He fat down, and fell to writine;. 
 
 The beginning (i ). '' Let us all bewail in the Lord the 
 iad Times we live in •, let us figh at the horrid Simony which prevails - 
 at this Day. Poor wretched human Beings mourn at it, and openly 
 complain of it, according to this Saying, My Heart is ir^diling a good 
 Matter-., that is, Simony, a Word which is harih in the Pronunciatio;* 
 Gloria Patri. 
 
 ( I ) ;Thc Inmitj or Beginning, is the firft integral Part of Mafs. 
 
 O GOD C.\
 
 icB The Hijioty of the Council of C o k s t a n c eJ 
 
 1418. O GOD (1), vvlio, by realbn of the Sins of the People, and by 
 the little Cure tli;it is taken to diftinguifh the good from the bad, 
 haft fulTer'd Simony to make gieatProgrefs, and to bear Sway, where 
 Godlinels ought to be on the Throne, to permit the Churches to be 
 tax'd, IJenefices to be referv'd, EieiHons abolifli'd, and the Sacra- 
 ments bought and Ibld^ we intreat thee to purge the Church from 
 this Filth, and to grant to thole who arc guilty o'l Simony the Grace 
 ofConvcrlion, or, if they re fufe to be converted, to ilrike them with 
 .the lame Sword with which the blelTed St.P^/^r fmote Simon the Sor- 
 cerccr, and EliJJ.hi fmote Gehafi. T'brougb the Lord. 
 
 The LtSSON (2). ' And there came one of the feven Kn- 
 ' gels, which had the leven Horns, and talk'd with me, laying, 
 ' Come hither^ I 'will JJje'iX) unto thee the Judgment of the great TVhore, 
 ' that fitteth upon tnany IVatcrs, ivith 'xhoni the Kings of the Earth 
 
 * biive cotumitted Fornication, and the Inhabitants of the Earth have 
 ' been -made drunk luith the IFine of her Projiittition. So he carry'd 
 ' me away in the Spirit into the Wildernels : And I law a Woman 
 ' fit upon a Scarlet-colour'd Bcaft, full of Names of Blalphemy, ha- 
 
 * vlng leven Heads and ten Horns. And the Woman v/as array 'd in 
 
 * Purple and Scarlet Colour, and deck'd with Gold, and precious 
 
 * Stones and Pearls, having a golden Cup in her Hand full of Abomi- 
 
 * nations, and the Fikhinefs of her Fornication.' 
 The gradual (;). Lord, who fliall abide in thy Taber- 
 nacle ? who Ihall dwell in thy Holy Hill ? 
 
 V^ E R S E. He that ivalketh without the Blot of Simony, and ivorketh 
 Righteoufnefs after God''s oivn Heart. Hallelujah. 
 
 He hath waxed fat ■■, he hath grown thick j he hath lifted up his 
 Heel againft God. He hath forfaken the Lord which made him 5 
 he hath given up his Heart to the Iniquity of Simony. 
 
 The SEQJUENCE (0- St. Matthe^juh Gofpel, cap. x. Jefus 
 fiiid to his Dilciples, Go preach the Gofpel, faying the Kingdom of Hea- 
 'ven is at hand. Heal the Sick, raife the Dead, cleanfe the Lepers, cafl 
 out Devils, freely give lahat ye have freely receivd, carry neither Gold 
 nor Silver in your Purfe. 
 
 The offertory. They all feek their own Intcreft, and 
 not the Intereft of Jefus -Chrift. 
 
 TheSEC RET PRAYER. O God, who, accordmg to thy 
 abundant Goodnefs, haft commanded tlie Sacraments and Ecclefiafti- 
 cal Benefices to be given freely, grant the Grace of Converfion to fuch 
 as fell and buy them ; and, if they will not be converted, deal with 
 
 (i) This Prayer is call'd a CoIIcQ-. AI»<s (b call'd, becaufc it muft be fiing 
 
 (2) Revelation xvii. I make ufe of the upon the Pulpit Stairs. 
 Port Royal Veriion. (4) This is anotlicr LelTon. 
 
 (3) This i» one of the Parts of the 
 
 them
 
 The HtJIory of the Council «?/ C o n s T a n c b. 209 
 
 them according to their Iniquity, that their Betters may take their 1418. 
 Biflioprick. Through our Lord. L/^W\J 
 
 Th E C O M M U N I O N. If my Nephews do not lord it over 
 Ecclefiaftical Benefices that arc III gotten, I lliall be without Spot, and 
 Ihall be clear from the great Stain of Simony. 
 
 The Completes (i). O Lord, who haft imparted thy Gifts to us 
 freely, we pray thee, that fuch as fell and buy the faid Gifts, may 
 immediately have the Fate of JiidaSj who fold thee, O Lord, who 
 doft live and reign with God the Father, in the Unity of the Holy 
 Spirit. 
 
 At the End of this Mafs are thefe Words : This Mafs ought to be 
 fling immediately after the Fejiival of St. PeterV Chair (2). 
 
 When it was written, he who di£tated it faid to the Sciribe: 
 
 * I command you, in the Name of the true Spoufe of Jefus Chrift, 
 
 * Ipeedily to impart the above written to King AlphonfuSy that~E^ - 
 ' may prefent it boldly, and without Delay, to the Pope, and that 
 
 * he may beleech him, in the Name of God, that, in Qiiality of Pa- 
 ' ilor and Head of the Church, he may himielf pray, and caule 
 
 * others to pray, that this curfed Rufl: of Simony may be taken off 
 
 * from the Church. For I am fure, that the Smoke of Simony is 
 
 * afcended to Heaven, and that the Divine Juftice is lb iacens'd at it, 
 
 * that if this Pope does not remedy it, let him know, that he lliall 
 
 * be forely wounded ^ that he fliall quickly fall to the Ground ^ that 
 ' his Power fhall be trampled under Foot, and reduced to nothing: 
 ' Whereas, if he corre£ls this Abule, he fhall reign upon the Throne 
 ' of the Church, and triumph over his Enemies. Aleantime, let him 
 ' knov/, that he was not advanc'd to St. Peter's Chair by his own Vir- 
 
 * tue, but by the Permillion of God, to reform the Church with 
 
 * Humility and Severity by exercifing his Power againfl: fuch as 
 
 * fhall difobey his Orders («). {1) ^. d. not. 
 
 XXVII. The Pope feeing therefore that there was no Way left*^-^^- P- 
 to fhift off the Reformation, deliver'd in a Plan of it about the End xii^J "p(, 
 of this Month, to be examined by the Deputies of the Nations. It by's before 
 turn'd upon the eighteen Articles, which had been prefented to him the- Nations 
 Jome Days before by the GifrA?;^^ Nation^ and, upon all theie Articles, ^^ja" '^^. 
 he keeps pretty dole to the Memorial of the Cm;7^ff^. As to the ^^^°™^'j^*'"' 
 Cardinals, he fixes the Number of them to twenty fourj five that, x I. p. 1021. 
 for this time only, in order to gratify the Nations who had no Car- s,Mft,ate 
 dinal, it fhould be thought fit to add one or two, with the Advice ^•If'''t •^«'«-'- 
 and Conlent of the Cardinals. The Pope is willing that they fliCuldP "^• 
 be wife and learned Peribns, and Doctors of Divinity or Law, except 
 
 (0 This is faid after the Sacrament, (2) This Fcftival is celebrated in the 
 and is call'd the Pofi-Communion. Church of Rome on the 18th of famiary. 
 
 VOLL. -II. D d lome
 
 2 T o The Hijhry of the Council of Co n s t a n; c z. 
 
 1418. fbme who may happen to be of Royal or Ducal Race, and of noble 
 ^y"^^"^ Blood •, but that, however, the latter llioiild have fome Learning j 
 that they be not the Brothers or Nephews of any Cardinal living;, 
 that they have no bodily Defects (corpore i-itiati) ; that they be not 
 elefted clandeftinely, but that the Eleillon be made in full College, 
 as in the Promotion of the Biihops ^ that finally the fame Method 
 may be oblerv'd when any Cardinal is made a Bifliop. As to the 
 Collation to Benefices, the Pope only propoles to relerve it to him- 
 lelfin Cafes tliat are exprefs'd by the Law, and by the Conftitiicions 
 oTJohn XXIL (1) in 13 17, and 5?Kfi^/<?Z XIL in 133 _^, by obferving 
 the neceffary Limitations. 
 OfRcferva- XXVIIL That the Officers be reduced to the ufual Number ^ 
 tions. that the Benefices of Chaplains of Honour be not referv'd, unlefs they 
 
 are Matters of Arts, Do£l:ors, Licentiates of Divinity, the Canon or 
 Civil Law, the Difpofition vyhereof Ipecially appertains to the Pope ^ 
 that Eleftions be made canonically in Churches and Monafteries > 
 that as to Monafleries which are not exempt, the Revenues of which 
 do not exceed one hundred and fifty Livres I'oumois out of Spain 
 and Italy, or which in Spain and Italy do not exceed fixty Livres, the 
 Collations to and Corfirmations of the fame be made by the Ordina- 
 ries, according to the Canons \ that as to the Monafteries, which ex- 
 ceed the faid Sums, and as to Cathedral Churches, the Elections 
 thereto be left to the Apoflolical See, and that the Pope ftay before 
 he gives his Content to them till the Term prefcrib'd by Nicho- 
 (<j) stxt. tie-las III. (a) -^ that at the Expiration of the faid Term, if the Elections 
 tret. Lib. I. are not prelented, or if, after luch Prelentation, they are not found 
 y.vi^ *^^P to be canonical, the Pope fliall fill up fuch Vacancy ^ but if they are 
 ■ ■ canonical, he fliall confirm them, unlefs that, for valid Reafons, and 
 
 by the Advice of his Brethren, he think fit to choole a better Sub- 
 jefl:-, that, in the mean time, fuch as ihall be confirm'd and collated 
 by the Pope, fhall neverthelels take the Oath, and do Homage to the 
 Metropolitans and Superiors ; that the Pope (hall not dilpole of the 
 Monafteries of the Nuns, unlets they are exempt ; that none fhall be 
 advanced to the Order of Epifcopacy but Doitors or Licentiates, af- 
 ter having pafs'd a fl:ri£l Exam.ination in Divinity, and the Canon or 
 Civil Law, nor to other inferior Dignities in Cathedral and Collegiate 
 Churches (2), unlefs that, by reafon of the Smallnefs of their Re- 
 venues, no body ihould be willing to accept them after a Month's Va- 
 cancy ^ that as to the Dignities, Offices and Benefices, Secular and 
 
 (0 This is what the Canon Law calls (*) The(e are Churches where there is 
 'Extravapantes, becaufe they are not in the no Epifcopal See, and which are ferv'd by 
 
 Body of that Law. See the Uxtravit^ante the Caiions. 
 oiBenediayLll. K d. Hardt, T. f p. io;S. 
 
 Regular,
 
 The Htjlory of the Council «?/ C o n s t a n c e. sir 
 
 Regular, half {hall be at the Dllpofition of the Pope, and a rj.iS. 
 third Part at the Difpofition of the Ordinaries (i)^ that the Pops ^w'^\r\^ 
 fhall lay no Claim to the Benefices vacant by mere Retignation or 
 Exchange \ that he lliall not grant Reverfions but for a fjngle Bene- 
 fice, unlets it be in Italy^ in Spain, and other Places, where they are 
 fmall, nor for the Dignities below Epifcopacy, in the Cathedral, Colle- 
 giate and Conventual Priories (i); that certain Prerogatives ihall be 
 granted to the learned Clergy, according to the Date of the Chi>ncery, 
 and that the Graduate ihall be preferr d to the Under-Graduate, and 
 the Diocelan to him who is not fbj that for the future, with the 
 Council's Approbation, the Churches, Monafterics and i^ignities, fhall 
 be fill'd up in twenty Days time, notwithlianding the Abfence of thole 
 who have the Right of Election. 
 
 XXIX. As to the Annates^ the Pope orders^ that, for the Maintenance Of the An- 
 of the Sovereign Pontilf and his Brethren, the Cardinals, the Churches "'''*'• 
 and Monafterics of Men, that are or fhall be vacant, ihall pay for the 
 
 firft Year's Fruits, after the Vacancy, the Sums that are tax'd in the 
 Books of the Apoftolical Chamber, which are cali'd the Common Services^ 
 and that if any thing is wrong tax'd, the Tax Hiall be reformed •, and, 
 for that Purpole, Commiflioners fliall be nominated, who ihall adjuft 
 Matters according to Times and Places, efpecially in Countries which 
 are over-charg'd ^ that one Moiety of thofe Taxes iliall be paid in the 
 firft Year of the Polfeffion, and the other Moiety in the Year follow- 
 ing •, that if a Benefice happen to be vacant twice in one Year, the 
 fame Ihall be paid but once, and that this Debt fhall not delcend to 
 the Succeiror in the Church or Monaftery. As I don't well under- 
 ftand the laft Article, which relates to the JnnateSy I v/ill put it in 
 the Margent in Latin (3). 
 
 XXX. Such Caufes as do not belong to an Ecclefiaftical Tribunal, OftheCaufcs 
 by Law or Cuftom, ought not to be admitted at the Court of Rome,^^^'^^ are to 
 unlels the Parties give their Confent. Thofe which do belong to the '^j°'"p before 
 Ecclefiaftical Tribunal, and which have come before the Court of^],'^^*'"" 
 Rome by Appeal or otherwiie, ihall be try'd at this Court. Matri- 
 monial Caules ihall not be try'd at the Court of i?owif, except by way 
 
 of Appeal. In order to avoid the making of frivolous Appeals be- 
 fore the definitive Sentence, wc order, that fuch as ihall appeal 
 
 (i) Du£ partes /?»,' in difpcfttlem Pap^, & regularibus qulbufcunque, qas auSo- 
 
 & tertia pars remanent in dijpcjitiene Ordi- ritate Sedis Apoftolicse confcrentur, vel 
 
 narioriim. providebitur de iiUkm, prajteiquam vi- 
 
 (2) The Priories of G)nvcnts are fo gore gratiamm cxpeftativarum aut caufa 
 
 cali'd to diftinguifli them from limplc permutationis, folvarur valor friictuum 
 
 Priories. primi anni pro media parte infra fex menfcs 
 
 (5) De casteris autem Dignitatibus, Per- a die habitse poffcflionis : Et infia alios fex 
 
 Ibnatibus, Officiis & Beneficiis fccularibus menfes pro aha parte. 
 
 D 2 unjuftlyj
 
 212- The Htjlory of the Council <?/ C o n s t a n c e. 
 
 141 8. iinjnftly, ihall be condemn'd to pay a Fine of ten Florins, befides 
 \^/'-\/-^^ Cofts, Damages and Intereft ( > ). 
 
 Of the Ex- XXXI. Considering that, fince the Death o^Gregory XI, fome 
 cmptioiisand Hoitmn Pontifl's, or Perfons, calling themfelves fuch, and, in effeft, lb 
 ^^^^'""^'^^^^efteem'd in their Obediences, have exempted from the Jurifdiftion of 
 Schifm ^^1" Ordinaries certain Churches, Monafteries, Chapters, Priories, &c. 
 
 which were not therefrom exempt in the Time of Gregory XI. To 
 obviate fuch Inconveniencies, we order, that every thing be reftor'd 
 to the ancient Footing, as it itood before that Pope's Death. In like 
 manner, we revoke all Unions and Incorporations made fince the 
 Death of Gregory XL 
 OfCommen- XXXII. The Pope alio forbids the granting in Commendam of 
 dams. Monafteries, Conventual Priories where there are above ten Friers, 
 
 the Monaftick Offices, and the great Dignities in Cathedral or Paro- 
 chial Churches, and that equitable Provifion be made for the Perfon 
 who holds by Commendam. A Metropolitan Church, however, may 
 be granted in Commendam to a Cardinal or Patriarch who has not fuf- 
 ficient to maintain him elfewhere. 
 Of tbe inter- XXXIII. The Pope leaves the Fruits and Revenues which fhall 
 mediate happen to become vacant, to the Churches, Monafteries and Bene- 
 
 Ch"rches ^''^^J ^"^ ^°^^ "°'' ^"'^^"'^ ^° ^pply them to himlelf. He alio re- 
 gOf""^ ' vokes all the Alienations of the Eftates of the Church oi Rome, and 
 
 other Churches, made fince the Death of Gregory XI. 
 InwhatCafcs XXXIV. The Article of the Cafes wherein the Pope may be 
 the Pope may corrected or depofed, and of the Manner how it may be done, is 
 ""^ 5^°'^^^^^'* Ihorter than all the others. Thz Vienna MS. %s, that 'the Pope 
 *^ ^P° ^ makes no Anfwer upon that Head. Father Labbe met with none in 
 the A£ls o'i Rome, extracted by Cardinal Capranka, or elfe has omit- 
 ted it. This is the Aniwer, as it appears in the Afts oi Germany. It 
 does not feem good, nor has it feen^d good to feveraL Nations to make 
 any Statute or Decree thereupon (1). 
 Againfi Si-- XXXV. The Article againft Simony appears very fevere. Though, 
 ««)^^- lays the Pope, many Conftitutions have been granted, for a long time, 
 
 againft the Sin of Simony, without being able to extirpate it, we de- 
 clare, by the Council's Approbation, in order to remedy this Evil as 
 far as pofflble, that all llich as have been ordain'd by Simony, fhall 
 
 (^1) Ad rrfrenandum appeUatknes frHfirit- Parti appellate cerdemneiur. Et quod lli- 
 
 toriat^ qus ante dcfinitivas Sententias in- per eadem locutoria vel gravamine /?c«»rfe 
 
 terponuntar, ordinamus, quod injupe feu appellare^ non liccat nifi haberent vim dc- 
 
 frivcU apptllantes, ab interlocutoria, vel finitivse. 
 
 gravamine, ultra condemnationemexpenfa- (2) Non viderur, prout nea vifum fuit 
 
 rum, damnorum & intereffe, in decern inpluribus Nationibus, circa hoc aliquid 
 
 ■fonnoi, fi appellatio interponatur in Cu- noYUra ftatui vel dccciDi. 
 ria, & '» vigintiy fi -de partibus ad Curiam 
 
 be
 
 The Hijlory of the Council <?/ C d n s t a n c e. 215 
 
 be fulpended from the Execution of their Orders (i), that allElec- I418. 
 tions. Populations (;), Confirmations, Grants of Churches, of Mo- v^^v^s^ 
 nafteries, of Dignities, oi Perfonates (?), of Offices, and of Bene- 
 fices, be null and void \ and that fuch as have received the Fruits 
 thereof, be obliged to reftore them. That they who give them, or 
 they who receive them, fhall ipfo faBo incur the Sentence of Excom- 
 munication, be they Popes or Cardinals (4). According to the an- 
 cient Canons, we moft feverely prohibit thole who confer Ordination, 
 and the Clerical Tonfure, to take any thing for lb doing, becaule 
 there are Ecclefiaftical Revenues appropriated to itj and the Notaries 
 are forbid to receive for their Letters of Collation to the four inie- 
 rior Orders, and to each Order more than one Grolfe, ten of which 
 make a Floren of the Chamber (5)^ and they who do otherwife, ihall 
 be liable to canonical Puniihmenc. 
 
 XXXVI. As Benefices are only granted for the Office, we makeof Difpenfa- 
 void, with the Council's Approbation, all Difpenfations granted by tions. 
 the late pretended Popes, except (lich as are conformable to the Con- 
 ftitution of^OK/frtff VIII, Cum ex eo (a), i^c. which orders, that fuchC") ^f'^- 
 as have obtain'd, or ihall obtain them, be obliged to caule them-^'''^'i'"-^I- 
 felves to be confecrated, or bleffed, fix Months after the Publication*^*^' ^*' 
 of the prefent Conftitution, otherwife they fhall be depriv'd of their 
 Benefices, Moreover, the Pope enjoins Refidence to the Archbifhops, 
 Bilhops and Abbats, on Pain of forfeiting one Year's Revenues if 
 they are abfent fix Months, and two Years Revenues if they are ab- 
 sent a whole Year, to the Ufe of the Cathedrals and Monafteries > 
 and if they are abfent two Years, they fhall wholly forfeit their Be- 
 fices. 
 
 As to Difpenfations upon account of Age, the Pope is not willing Difpenfationt 
 that they fhould be extended beyond three Years in Cathedral or on account of 
 Parochial Churches, and in Monafleries or Conventual Priories, ex-'^S'^- 
 cept that, for very good Reafbns, it be thought necefiiiry to do other- 
 wile, by Advice of the Cardinals, or the major Part of them, 
 without which Advice the Pope does not propofe to grant Eilpenla- 
 tions in weighty and important Cafes.. 
 
 (i) Ab executionc fuorum ordinum eo (4) Etiam fi Pontificali, aut Cardiuala- 
 
 ipfo fint fufpcnfi. tus, prsfijigeant dignitate. 
 
 (c) This is the Nomination of Ibme (5) Quodque Notarii pro liiteris fiiper 
 
 Pcifon to an Ecclefiaftical Dignity, who Ordinum picediftoium collatione, 010 
 
 could not be clcftcd according to the prima Clericali Tonfura, non ultra unum, 
 
 Canons. pro quaiuor minoribus Oidiuibus unum, 
 
 (5) Benefices which give fbme Prero- pro quolibet facro Oaiinc unum grofTum 
 
 gativcs, or Pre-eminence, in a Church or de camera, quorum decern faciunt flore- 
 
 iu a Chapter, but without JurifdiSion. nam de camera, rccipiant, 
 
 XXXVII. Ths .
 
 a 14 The Htjiory of the Council ^/Constance. 
 
 141?. XXXVII. The Pope reftrains incompatible Benefices, according 
 ^'-'''>'^^~ to the Conftitiiticn o( John XXII. Execrabilis {ci)^ with a certain Li- 
 Of Benefices niltation. Martin V. however permits the having of two Cures, 
 wmpauWc P''o^''^2d it be not in Parochial Churches ^ but thofe Benefices are 
 (<j) Extrav^e. call'd incompatible which oblige to the Cure of Souls, or to Reii- 
 fohati. XXII. dence. 
 
 TirJllcapi. XXXVIII. The Pope thinks that, in the prefent State of the 
 OaneMam- _^fY3J,-s gf j-j^g Church of Rome, there is no way of providing for the 
 the Poie and Maintenance of the Pope and the Cardinals, but as they did here- 
 Cardin'als. tofore j that is to lay, by Benefices and Common ServiceSy call'd Fa- 
 cancies^ or the Revenues of vacant Benefices. That no Title or Ad- 
 miniftration of any iMonaftery or Conventual Priory, where there are 
 above ten Friers, ih.iU be conferr'd upon any Cardinal } that the Car- 
 dinals fnall enjoy no great Dignity, under that of a Bifliop, in the 
 Cathedral and Parochial Churches •, that they fliall have no Clauftral 
 Offices, no Holpicals, no Laxarettos (Leprofaria) at their Dilpofiil, 
 and that fuch as have, fliall quit them forthwith, faving the Pope the 
 Liberty of providing them with an Equivalent j that no Cardinal 
 fliall take above fix thouHind Florins out of the Ecclefiaftical Re- 
 venues (1). 
 Of Indul- XXXIX. The Pope fliall take Care not to be lavifli in granting 
 gcncies. Indulgencics, for fear it fliould render them vile and cheap, and fliall 
 make thole void which have been granted fince the Death of Gre- 
 gory XI. (:>). 
 Of Tenths. XL. As to the Tenths, which is the eighteenth and laft Article, 
 it is worded thus : We enjoin and command the punctual Obfervation 
 of the Laws which forbid any, who are inferior to the Pope, to 
 impole the Tenths, and other Burdens, upon the Churches and Ec- 
 clefiaftical Perfons. For our Part, we will impole none at all ; and 
 («■) inAicit- we warn («) our SuccelTors not :o impole any upon the whole Clergy, 
 mit!, alii ;■«- unlels it be for Ibme important Caufe relating to the Welfare of the 
 iicarr.us. Catholick Church, and by the Advice, Content and Subftription of 
 the F"riers and Prelates, wno may be confulted^ nor fliall they im- 
 pofe any in particular upon any Kingdom or Province, without con- 
 (6) r.d. H4r.fulting the Prelates of fuch Kingdom or Province (Ji). 
 T.I. p. 1021, This Plan of a Reformation ought to have been examined by 
 ^°^^' the Nations, and their unanimous Confent was requifite to its Appro- 
 
 bation in Council, according to the Praftice which had been oblerv'd 
 
 (i) As there are many other things in nem, ne vilefcant. Et in prseteritum con- 
 
 the reft of this Article wliich I do not ce(T;js abobitu Gregorii Xl.citra pcrpetuass 
 
 underftand, I refer to the Original. V. d. Item qus diountur de posna, & culpa, fi- 
 
 Uardt, p. 1056, 1058. ve de plena remiflione, conceflas locis ; 
 
 (2) Cavcbit Dominvis nofter Papa in Item omnes conccff.is ad inftar alteiius in- 
 
 futurum nimiam Indulgemiarum effufio- dulgeause revocat & annullat. 
 
 till
 
 The Uijlory of the Council /?/ C o n s t a n c e. 215 
 
 rill then: But the Pope found Means to make his particular Treaty, 1418. 
 or Concordate, with each Nation, as we fhall fee in its Place. s^'V^s*'- 
 
 I will make one Remark, by the way, upon the Anfivcr which the 
 Pope gives in Article XIII. to the Qiieftionj In -what Cafe the Pope 
 ■may be depofed and correSled ? That, as before oblerv'd, ic muft needs 
 be, that this Memorial of the Pope, luch as Father Labbe has pub- 
 lilh'd it, according to a MS. of Capranica, in his Appendix to the 
 Council of Coiiftance, is curtail'd, becaufe this Anfwer of the Pope is 
 not inferted in it, though we meet with it in two MSS. of the Fa- 
 tican, and in chofe 0^ Vienna and Gotha. The G^r»?«^ Nation did not 
 infill lb ftrenuoully upon this Article without good Reafbns. It had 
 been inferted in the XLth SeUion, among the Articles of the Refor- 
 mation which the Pope was co make after his Election. The Ger- 
 mans had propolcd it to the Pope in their Memorial, in order to en- 
 gage him to confirm the Decree of the Vth Seffion, which gives ge- 
 neral Councils a coercive Authority over the Popes. But Martin V. 
 took Care not to have his own, nor his SuccefTors Hands, bound 
 when he explain'd himfelf on fo ticklilh a Queftion as it was, to know 
 in what Cafe, and after wliat Manner, a Pope may be correded and 
 dcpoled. The Pope's Anfwer, however, is fubjed to an Ambiguity, 
 and may be interpreted to his Difidvantage. 'lis true, that by lay- 
 ing there muft be no Innovation upon this Article, he propoled to 
 maintain the Popes in the Independence and Impunity which they 
 had long been in PcrtfelTion of But might it not alfo be declar'd to 
 him, that if no Innovation muft be made on that Head, they ought 
 therefore to adhere to a Decree of the Vth Seffion, which lubjcds 
 a Pope, who will not obey the Council, to Penance, and the Penalties 
 enjoin'd by the Laws? Schelfirate has taken great Pains to prove that 
 this Decree of the Vth Seflion of the Council of Conftance only rela- 
 ted to the Times of the Schifm. Whether his Elforts are to the 
 Purpofe or not, 'tis not my Bufinels to decide. It may be judg'd of 
 by the reading of this Hiftory, and by the Anfwers of the Dodlors 
 of the GalUcan Church i luch as, MeJJleurs Richer^ Maimhurg, Dw 
 pin and Arnaud. 
 
 XLI. It has been already mention'd, that as fbon as il/^;/;« V. "^y.^,."^^*' ' 
 had notify'd his EleiHon to the King of Jrragon, that Monarch fent Aimhfml' 
 Prelates to Peter de Luna, to engage him to recognize this Pope, to Confiatice. 
 Being able to get nothing out of this obftinate and ambitious old Rayaid, T. 
 Man, who always afferted that the Catholick Church was confined ^VIII. p 5. 
 within Penifcola^ three or four of the Cardinals, that (i) ftill fided 
 with him, prefented a very Imart Memorial to him, advifing him to 
 
 (i) PJatha fays there were four; Mphonfus it St. MufiacliuSj and Peter dt 
 XaynaUuf three, niz. Ckarla de St. George, St. /ingdt, 
 
 grant
 
 2 1 6 The Hijiory of the Council of C o N s T a n c g. 
 
 1 4 1 8. grant Peace to the Church by his Abdication, and to acknowledge 
 the Council of Conftance, and Pope Martin V. But their Inftances 
 proving of as little Effeft as thofe of the other Prelates, two of thofe 
 Cardinals (i) fent their Deputies to Conjlance^ where they were re- 
 ceiv'd with very great Dcmonftrations of Joy. They had Audience 
 yan ;i. xipon the laft Day of January., and took the Oath of Allegiance to 
 v^d nxrdt, j\f^rtinY %, i'o that, according to Platim, BenediSl ^Wl. had but two 
 1509 ^ Cardinals lefc, Mean time, the Emperor lent Alaman Adimar a Flo- 
 rentine., Cardinal of Pifa., into Spain, to engage the Kings of Spain 
 to compel Benedin, by Canonical Penalties, to fubmit to the Council. 
 
 Part of the }Aont\i 0? February was taken up in Political Affairs, 
 which did not direftly concern the Council. The Emperor afiembled 
 the Princes and Prelates to take the Affair of the l)uke of Auftria. 
 r. d. hardt^ into Confideration. It has been oblerv'd, that Martin V, a few 
 T. IV. p.^ Days after hi> Election, lent an Embafly to this Duke to negociate 
 Vi^'^'^"'" -his Reconciliition with the Emperor. As feveral o'i Frederick o'c Au- 
 'peb. - ftria's Vaffals had hitherto refuted to fubmit to his Imperial Majefty, 
 one of the cliief Terms of the Reconciliation was, that the Duke 
 fhould oblige them to Submiflion, according to his Engagement, or 
 that he fhould con fent to their being compell'd to it. The Duke ha- 
 ving given his Conlent to it, Lewis Count of Oettingen propoled, in 
 the Name of the Emperor, that fuch of Frederick'^ Valials as had 
 not yet made their Submiflion, flaould be compell'd to it by Violence : 
 Which was approv'd and refolv'd on by the whole Aflembly, in which 
 the Elector o'i Brandenbourg prefided. At this Afferably there were 
 prelent a confiderable Number of great Lords, as well Spiritual as 
 Temporal-, particularly Lew/V, Patriarch of yf^;«7?;V?^ Andrew, Bi/hop 
 oTColocza:, George, Count de Hobenio, Bifhop otPajJaiv (2); John de 
 Dulmene, Bifhop of Z,«^^f.^ i Albert de Stauffenberg, Bilhop of Rati f- 
 bon:, John, Count de JVallenrod, Bifliop of Co;V^ ^ John dsFleckenfteiny 
 Biihrop o'i Worms \ John de TValdau, Biihop of Brandenbourg (3); 
 Otho, Count de Rotelin and Hocheberg, Bifhop of Conflance \ Frederick 
 de Graf neck (4)-, Simon, ^\'^0'^ o'i'Travj \Ti Dalmatia; another Bifliop 
 call'd Sigefridus FJdenburgenfis ; another call'd Conradas Pegavienfis. 
 
 The chief of the Temporal Nobility were, Gonthier, Count de 
 Scbwartzenbourg\ Hugh., Cownt de ff^erdemberg (5)^ William, Count 
 
 (1) The one was a Carlhujian ; the (4) Anfelm de Sitinin^en ■v.zs his Corn- 
 Name of the other was ^«/;<iw D«J/i». petitor; and they were nine Years at 
 
 (2) He was Chancellor of the Empire, Law for this Bilhopriclc, which they rc- 
 and Archbifhop of Gr4» or S/r/g'sw'/r. fign'd in 1421. Eccleji/rfikal H/Jfury of 
 
 (3) He is left out of the Ecclefiaftical Germany, T.I. p. 124. 
 
 Hiftory of G^rwdry ; but he is mention'd (5) This County belongs, at prefent, 
 in all the ASti of that Time. to the Canton of Glaris, 
 
 of
 
 The Hijiory of the Council c/ C o n s T a n c i^ i 1 7 
 
 of Montferrat j Conrad^ Viconnt of tVinoxherg in Flanders •, Alhtrt 
 
 Schenk de Landfperg^ and feveral others. The Count Leivis d'Oettin- 
 
 gen, who was at this Affembly on the Part of the Emperor, 
 
 mov'd that thofe of the Duke ai jiujiria's Valfals, who had hitherto 
 
 refufed it, fhoiild be obliged to do Homage to that Monarch, 
 
 which was refblv'd accordingly. It was, no doubt, in purfiumce of 
 
 this Relblution that the Emperor fent certain Noblemen to Bafil^ feme 
 
 Days after, to mortgage to the laid Canton all the Duke of yiujlria's 
 
 Territories, from Schajfbatifen to Bafil. tFirtdeck, who reports this 
 
 Faft, lays, that the Canton of Bafil refufed it, but that they repented 
 
 of it afterwards. The lame Hiftorian tells us, by the way, that the 
 
 Emperor fent him to Mentz^ Worms and Spire^ to make over Oppen- 
 
 heim, Keyferjlauterj Odentbeim, and fome other fmall Towns, to tlic 
 
 Empire. This engaged the Citizens of Mentz, Worms and Spire ^ to 
 
 fend Deputies to Conftance^ to ward off the Blow \ but they recurn'd 
 
 re infe^d^ except thofe o^Mentz, who obtain'd fome Favour for their 
 
 City (a). Mean time, the Affairs of Importance, which the Em- {a) r. d. tiar. 
 
 peror had upon his Hands, did not hinder him from bearing a Part ''^' /"/"■• p- 
 
 in the Diverlions, with which the Princes and the Nobility entertain'd^jy „ ^^ 
 
 the Publick from Time to Time. For it appears, that the very -f jy * 
 
 next Day after the Meeting of this AlTembly, he fought vicognito at a 1510. 
 
 Tournament ; and that, after having difmounted a Gentleman from ^'b- 8. 3 
 
 his Horfc, he retir'd as well pleafed with his Viftory, as his Antago- 
 
 nift was that he had been foii'd by the Emperor. 
 
 XLII. Some Days after this, the Emperor nominated Ambafla-TheEmpe- 
 dors for feveral Places. The moft confiderable of thofe EmbaffiesrorfendsAm- 
 was, that which he defign'd for the Milanefe. During his Stay i" jf '^'^'^ pj^es 
 Italy in 14 13 and 1414, Philip-Mary Duke oi" Milan, in concert with ^'V^jif,,,^, ' 
 the Fenetians and Ladijlaus oi Hungary , thwarted him, as much as heTIV. p. 109. 
 could, in all his Defigns. Afterwards, upon their Agreement, the P-aynaM. 
 Abbe Mainfred de la. Croix came to Confiancey in Behalf of the laid ^^'S.num.iL 
 Duke, to do Homage to the Emperor for the Milanefe. But new 
 Dilputes arifing between them, the Emperor, at the Requeft of the 
 Duke, fent the Bilhop of Paffaw and Leivis Count d'Oettingen to Mi- 
 lan, to accommodate them amicably. One of the Conditions of the p j „ 
 Treaty, which was concluded in a Fortnight, was, that the Duke of«>v»rfefft «», 
 Milan Ihould join his Troops with thofe of the Montferrat, to make 53, 79.' 
 War upon the Genoefe, with whom the Emperor was difgufted. 
 'Twas well for the Duke oi' Milan that he accepted of this Condition, 
 becaufc, according to the Report of Windeck, he took thirty four 
 Places, as well Towns as Caftles, from the Genoefe \ though, if 
 wc may judge of the Duke o'i Milan by two Aftions of his during this 
 War, 'tis a qucffion whether he was heartily reconciled to the Em- 
 peror. The firll of thele was a notorious Aft of Treachery, which 
 
 Vol. IL E e he
 
 2l8 
 
 1418. 
 
 nvn. I4.i9, 
 niun. xxix. 
 
 The Hiflory of the Council c/ Constance. 
 
 he was guilty of towards one Lancelot Governor of Lodij who had 
 always been in Sigifmond's Interefts while he ftay'd in Italy. The 
 Duke lent to invite Lancelot to come to lee him at Milaiij under Co- 
 lour of doing Honour to the Duke Q^ Orleans, who was there at that 
 time, and who even lent an Anfvver to Lancelot, that he might come 
 with all the Safety in the World. In fliort, Lancelot, upon the Faith 
 of fo good a Surety, went thither ; but no Iboner enter'd Milan, 
 than he was arretted, and then dragg'd to a Place without the City, 
 where they cut off his Head. The Duke of Orleans was fo incens'd 
 at this Treachery, and at the AftVont put upon him, that he went 
 away wichout taking Leave of the Duke o[ Milan. This is a Parti- 
 cular for which we are obliged to Windeck. The other Aftion was 
 as httle to the Credit of Philip-Mary, and as plain a Difcovery 
 of his wicked Deligns againft the Emperor, The Bilhop ofPaJ/aw 
 and Le'zvis d'Oetiingen had not been long let out from Milan for Con- 
 fiance, but the Duke of Milan being jealous that his Wife Beatrix T'euda 
 was in a Correlpondence againft him with thole Emballadors, to 
 make a Treaty to his Diiadvantage, he balely cauled her Head to 
 be cut off, under Pretence that fhe was guilty of Incontinence, tho' 
 ihe was old enough to be his Mother : An A£tion which was the 
 more foul, becaufe that Lady, by the great Wealth flie brought to 
 tlie Duke, retriev'd his Aliairs which were entirely ruin'd. She was 
 the Widow of one of this Duke's Generals^ and, by this Marriage, 
 he acquired Perona, jilexandria de la Paglia in the Milanefe, Novarra 
 and Ferceil, befides an immenfe Sum of Money. 
 
 The Emperor likewife lent the Cardinal de Sclnvartzembourg (i), 
 v/lth Ibme Bohemian Lords, to Bafd, to engage the People of that 
 Canton to deliver up thole Places to him which they had taken from 
 the Duke of Jujlria between Bafil and Zurich. But as the Sivitzers 
 had only taken Arms againft the Duke, upon condition that they 
 fliould keep what they acquir'd in the War, thofc o\' Bafd not 
 being in a Humour to reftore any thing, were excufed on paying a 
 good Sum of Money, which perhaps ferv'd the Emperor's Turn as 
 much as if he had all the Places he demanded. He made the lame 
 Bargain with the other Towns of SiuiJJhiand. On the other hand, 
 Ebhard IVindeck, from whom we have moft of thefe Particulars, was 
 lent to Mentz, IVorms and Spire, to demand back fome Towns of the 
 Palatinate and Parts adjacent, which had belonged to the Empire, 
 particularly Ofpenheim, Keyferfiauter, Ingelfinim, &c. The Cities of 
 Mentz, Spire and JVorms, fent their Deputies to Confiance to treat 
 
 (i) This G)unt died at his Return 
 near Confiance, on the cprh of April this 
 Year, aHd was interi'd in the Choir of the 
 
 Angufiht Church at Confiance. V i. Har. 
 T. IV". p. 1565, strHmjb. fol. 53. Wtn- 
 
 dtck, cap. 7S, 
 
 about
 
 The Hijiory of the Council <?/ C d N s T a n c tl 2 f 9 
 
 •iiboufc it with the Emperor, but they return'd without concluding any 141 8. 
 
 thing, except thofe of Mcntz, whom he eafed of Ibme Impofts. All thefe L*^\^%J 
 
 petty Negociations had no other Tendency than to bring in Money 
 
 to the Kmperor, who was always in want, and borrow'd it on all Hands. 
 
 Windeck fays, that he himfelf ftay'd a long time at Bruges^ as a Pledge 
 
 for a Sum which Sigifmoml had borrow'd of that City. As he wanted 
 
 Money every where, he borrow'd likewifc in England \ where the 
 
 Englijh^ by Corilent of the Eleflor Palatine, paid him Part of the 
 
 Dowry o'i BlanchCy Daughter to the late King ot England, who had mar- 
 
 ry'd that ElcSior in 1401 (i). When the Emperor was return'd to 
 
 Conjfance, the Elector demanding back his Money, the Emperor 
 
 threaten'd him to make him give up what he had ufurp'd from the 
 
 Empire, which was the Caule of the Broil we have mention'd elfe- 
 
 where. Neverthelefs it appears from Hiftory, that the Emperor was 
 
 not ill paid for the Journeys he made for the Publick Good. When 
 
 he came to Lyons, the AmbafTadors, whom Charles VI. lent to him 
 
 to intreat him to pacify France and England, agreed with him to give 
 
 him three hundred Crowns a Day as long as he ftay'd in France. The 
 
 City of Narbonne, in particular, upon his Arrival there, made him a 
 
 Prelentof fix thoufand Crowns. He extorted Money from all the Coun- rr'ndeck, cap. 
 
 tries and Towns where he had any Authority. He only pardon'd the 57- 
 
 Duke o'iyiuflria, upon condition that he would pay him thirty fix 'J'"''"*' "P" 
 
 thoutand Crowns down. But it muft be own'd, however, that all 
 
 this was far Ihort of anfwering the extraordinary Expences he was put 
 
 to at this Junfture. I thought fit to mention all thele Particulars 
 
 here, becaule I had not an Opportunity to throw them in elfewhere. 
 
 XLTII. Though they had a Pope now recognifed by all the The Council 
 Nations, yet there was no room to hope for the total Extin£l:ion of ^e"ds a fo- 
 the Schifm, while BenediEl XIII. obilinately infiftcd on his Pretenfion[5"'"^^^5?|' 
 to be the only lawful Pope. This obliged the Council to fummon ^f^/is.' 
 him by a more folemn Embafly, to refign, and to recognife Mar- 
 tin V, threatening to force him to it by all the Ecclefiaftical Pains 
 and Penalties. The Pope, with the Confent of the Council, fent Jla- 
 man Jdimar Cardinal of Pifa Legate into Spain for that Purpole ; 
 and the Emperor, on his Part, wrote to the Kings oi Spain, to defire 
 them to facilitate the Legate's Negociation by their Mediation and 
 Concurrence. But Mimar had no better Succefs than Bernard de 
 Bourdeaux (;), who had been fent before him upon the lame Er- 
 
 (1) In Martene's Anecdotes may be (2.) This is rhc famt BenediBin who b 
 
 ften feverul Letters from the Emperor elfewhere call'd Bernard the Eni^l-fDm.tn 
 
 Rohm and hi^ Son the EleSor Taidtine to hecaufe Bourdeuux bclong'd, at that time, 
 
 the King of Enfland, to demand his Pay- to the King of England. 
 ment of the relt of that Dowry. Marten. 
 Atittd. T.I. p. 1701, 1711. 
 
 E e 3 rand. 
 
 •n
 
 220 Tlie Hijlory of the Council of Const a n ci'. 
 
 141 7. rand. BenediEl only anrwcrM, that they ought to leave die Peace of 
 
 \y\r\J the Church to his Care, and that he himfelf would confer about it 
 
 with Martin V, becaule, faid he, they report him to be a Man of fb 
 
 . *;„ much Senle and Candour. The Cardinal looking upon this Anfwer to 
 
 Bzov adann. be but a vain Subterfuge, thunder'd out Bulls of Excommunication 
 
 i4i7.num.xL0ver all Arragon^ in the Name of the Council and the Pope, againft 
 
 Beneditl and the two Cardinals that flill adher'd to him, viz. Julian 
 
 Doblay and Don Dominic de Bonnefoy a Carthufian, both Spaniards, and 
 
 return'd to /?owf, where, in 1422, he died. Mean time, the King of 
 
 Arragon appointed two Archbifhops and two Bifhops to go within a 
 
 League of Penifcola, and, if poflible, into Penifcola itfelf, to confer 
 
 with Peter de Luna, and to endeavour alfb to reclaim him. 
 
 But the Hiftory tells us, that a Qi.iarrel happen'd between Mar- 
 tin V. and the King of Arragon, of which BenediSl made a good Ule. 
 Immediately after Martin's EleQ:ion, Alpbenfiis King o^ Arragon fent 
 an Embaffy to him, to make fome Demands upon him, in confidera- 
 tion of the great Expence which he and his Father Ferdinand had 
 been put to for the Peace of the Church. The Subftance of thele 
 Pretenfions was as follows. He demanded the perpetual Right of 
 difpofing of the Benefices of Sicily and Sardinia, without being liable 
 to any Obligation to the Apoftolical See, befides a great Part of the 
 Tenth of the Ecclefiaftical Revenues which belong'd to the See of 
 jtitntefiianx Rome in Arragon. He alio demanded Ibme Places in the Domain of 
 Religioms. the Knights oi' Rhodes, particularly Moncon and Penifcola-^ and the 
 •^^''*«*'/"^' Right of making a Grand Matter to fome other Order of Knighthood. 
 ?■ 547- What the Pope's Anfwer was to the laft Articles, I know not : As to 
 that which related to Sicily and Sardinia, from whence the Popes re- 
 ceived eighteen thouland Florins every Year, Martin did not think it 
 expedient to alienate lb confiderable a Revenue. He only offer'd to 
 yield them to the King of Arragon for five Years ;, at which the King 
 of Arragon was fo incens'd, that, from that Inftant, he always ad- 
 her'd to Peter de Luna, whom, at firft, he fupported under-hand, 
 but afterwards barefacedly. Before the Council broke up, he adually 
 recall'd his Ambafladors from Conftance, and deny'd them Entrance 
 into his Kingdom, becaufe he fufpedled they had not taken due Care 
 of his Interefts with the Pope, elpecially in regard to Sicily and Sardi- 
 ma. He alfo caufed the Prelates to return whom he had fcnt to 
 — Peter de Luna to endeavour to reclaim him, and heap'd Honours 
 
 upon the two Cardinals who remain'd in their Fidelity to that pre- 
 tended Pope. AsBenedi^ had ftill many Creatures in Spain, thisCon- 
 duft of the King o^ Arragon embolden'd the Subjefls to Ipeak unhand- 
 fomely of the Council o{ Conftance, of the Eleftion oi Martin, and of 
 the Depofing of Benediil. They faid, for Inftance, that the Council 
 was illegal, not having beep conven'd by lawful Authority, nor ac- 
 
 3 cording
 
 The Htpry of the Council «/ C o N s f a n c I. 221 
 
 cording to the ufiial Cuftom \ that all the Perfbns were not there who 14 iS. 
 had a Right to be prelent j and that of eight hundred greac l^i xiaies, w'''V~n^ 
 of which the Church confilted, there was not one third at the Coun- 
 cil. To this they added, that they had not dealt fairly with Peter 
 de Luna\ that he did not ablblutely rcfufe to refign, nor to 
 fubmit to the Council, but that Conjiance did not fuit him, becaule it 
 was not a fafe Place, and moreover too far diltant \ that the Ele£tion 
 o'^ Martin V. was not free, nor, by conlequence, the Depofing oi'Be' 
 nedici-., and that therefore the latter was the only true Sovereign Pon- 
 tiff. There were not wanting thole too that adviftd the latter, who 
 was a Man well vers'd in Affairs, to repair to Rome or Avignon^ \n 
 hopes that he might there find a liifficient Number of Malecontents 
 to Ibrm a ftrong Party. No doubt the King o'i Arragon was not forry to 
 fee this Buftle made for BenediH j but as he did not care to be reputed 
 the Author of fuch a Clamour, he fent another Embally to Martin V. 
 to repeat his former Demands. All that he could obtain from the 
 Pope was, that i'lAlphonfus could diflodge Peter de Luna, from Penifcola., 
 and bring him to his Duty, he offer'd him, as a Reward, not only 
 the Fort and Town, but the Revenues of the Benefices that depended 
 thereon during their Vacancy. Alphonfas being exafperated more than 
 ever, aufwer'd that he dellgn'd indeed to make himfelf Mafter of 
 Penifcola, but that he would ule no Violence to Peter de Luna j which 
 was the Source of fuch Enmity and Broils between Martin V. and 
 Alphonfus^ that nothing could put a Period to them but the Death of 
 Eenedia XIII, which happen'd in 1424. An Author of that Time N/</. <fe rif, 
 tells us a Particular, which, as he pretends, contributed not a little top* ^S*^* 
 Benediff'i Obftinacy, viz. that when this Pope retir'd from Avignon to 
 Spain., he met an Abbat, who propliefy'd to him, that, after many 
 Dilappointments, he fhould at lafl: go to Rome^ and enjoy the Sove- 
 reign Pontificate in Tranquillity. People of ftrong P^ffions greedily 
 fwallow every thing that flatters j and the greateft Vifions, or the 
 groffeft Impofitions, eafily go down with them for Oracles. Return 
 we now to the Council. 
 
 XLIV. The Reconciliation of the different Parties in the Z-a^wEmbaffy 
 Giurch under one and the lame Head, p.w'd the Way for the fupprefling ^^^"|, ''^^ . 
 of that Schilin which had lafted for many Ages between the Greeks and Council. 
 the Latins. In the precedin;^ Century, the Greeks had made greac 
 Advances towards an Union with the Latin Church, in hopes of ob- 
 taining Succours againft the Turks. The Emperor John Paleologus 
 went in Perfon to Italy., where he made a Confeffion of Faith 
 conformable to the Creed of the Latin Churchr But Einanuel, his 
 Son and Succelfor, perceiving that all thole Advances were to no pur- 
 pole, and having travers'd all Europe in vain to leek Succours, was noc 
 in a Humour to abate an Ace in xMatters of Doilinne, as his Father 
 
 had
 
 2^22 ~^ ^he Hijlory of the Council of Constance^ 
 
 1418. ^^ad done-, and 'tis even faid, that he wrote againfl: the Latin Chn/di,' 
 v.^'-^^^'-vo touching the Proceeding of the Holy Ghojl. Moreover, the great W<.ftern 
 Schifm, which happen'd towards the End of thai Century, was not a 
 favourable Conjnniture for fuch a Union. After the Council of Pifa^ 
 which hop'd they had diftinguifli'd this Schifm by the depofing of 
 BencdiS Xill. and Gregory XII, and by the Eleftion oT Jlexa;:der V, 
 Gerf.op.T.U.Gerfori made a Speech before the King of France , in the Name of the 
 p. 141. Univerfity of P^w, wherein he maintained, that the calling of a general 
 Council was one of the principal Steps towards reconciling the Greek 
 r.rf. H/«r.T. I. Q-im-^-h with the Latin. Zabarclla had alfo mention'd this as one of 
 P' 5°^' the Afi^\iis which ought to be treated in the Council o/i Conflance\ 
 and fo had the Emperor, as appears from a Letter he wrote to the 
 King of France^ which is inferted at the Beginning of this Hiftory. 
 Whether the Greeks were invited to the Council, or whether they 
 FuJ. 19. came thither of their own Accord, I know not. Be it as it will, a 
 r.d.iiardt, foiennn Embaffy arriv'd at this Time at Conftance from the Emperor 
 J J ' P' Emanuel Paleologus, and Jofcpb Patriarch of Conflmitinople, to make 
 Propofals to theCouncil of a Reconciliation. The Head of this EmbalTy 
 was George Archbifhop of Kioiv. He was accompany'd by feveral 
 Tartarian and T'lirkifi Princes, and by nineteen Biihops of the Greek 
 Church. Dacher reprefents thofe Biihops to us as having the Ton- 
 fure, like thoie of the Romip Church, but with long Beards, and the 
 Hair of their Heads hanging over their Shoulders. They were re- 
 ceived with very great Honour and Solemnity. The Emperor him- 
 felf, the Princes, and all the Clergy, went out in Ceremony to meet 
 them. All the time that they were at Conflance^ they had entire Li- 
 berty to perform Divine Service, according to their own Rites and 
 nekheni. fol. Ceremonies, of which Rcichental has given us a very ample Defcrip- 
 4<5- tion. The Acts make no mention of this EmbafTy, which probably 
 
 was of no great Effeih Dacher^ who was upon the Spot, declares, in 
 his Hiftory, which is as yet in MS. and from which Dr. Fon der 
 Hardt has furniih'd us with Extracts, that all the Members of the 
 Council verily believ'd that this Union might have been brought 
 about if the Greeks had found Matters dilpoled to a due Reforma- 
 tion of the Church. 
 Th.rrieap. HowEVER, if We may believe Theodoric de Vrie, another Author 
 r. d. Hardt, gf ^Y\^t Age, this Embalfy was not altogether unfuccefsful •, for 4ie 
 T.I. pi^'ijf^ysj that the Greek Ambafladors returned home with the Council's 
 Anfwer, and promifed to be back again before it broke up. But 
 the Council did not ftay for them. Raynaldus, one of the Continuators of 
 Biironius, has communicated a Letter from Martin V. to the Sons of 
 Emanuel Paleologus, who govern'd during their Eather's Illnefs, whereby 
 c appears that the Greek Embalfy had a favourable Audience. 
 3 It
 
 The Hiftory of the Council <?/ C o n s t a n c e. 225 
 
 It appears alfo, by this Letter from the Pope (1), that the Emperor 14 jg, 
 
 Emanuel had negociateJ Ibme Marriages with him between tlie L<^'V'%J 
 
 Greeks and Latins^ in order to facih'tate the Union of both Churches. 
 
 The Pope confents to it, on condition that the Latin Women who 
 
 fliall marry the Greeks, iliall have the Liberty to follow the Latin 
 
 Rites and Ceremonies, and continue in the Pope's Obedience, without 
 
 being any wile moleikd upon that Head. Mr. Dupin tells us of ano- x^w/i/w. mhi, 
 
 ther Embafly which was afterwards fcnt to Ma) tin V. for thefame Af-^/*^^"/ ^"*- 
 
 fair. Thefe are his Words. ' In the Beginning of the Pontificate ^^ P' *'• 
 
 * of Martin V, two Deputies arriv'd in the Name of the Greeks., 
 *" viz. Euclemon John, and Andreiv oi Rhodes, who made Propofals 
 ' for the Union of the two Churches. The Pope was not avcrfe 
 ' to them-, and, in order to fecure to himlelf the good Will of 
 ' Emanuel Pakologus Emperor of the Greeks, o^ John his Son, who- 
 
 * governed during his Father's Illnefs, and of the Lords of their 
 ' Court, he lent back Etidemon John with Prefents, and Ladies of 
 ' Quality, who were given in Marriage (a) to the Greek Lords;, 
 
 * particularly the Duke o'i Montferrath Daughter to John Pakologus , 
 ' and the Daughter of the Duke of Urhino to his Brother Theodore? 
 There were feveral fruitlefs Conferences afterwards between the Greeks 
 and Latins at Rome, Conftantinofle, Pa%-ia, Sienna, Bafil, and, laft of 
 all, at Florence. I'he Hiftory plainly iliews how things were therein 
 managed, lb tliat we need not inlift upon it. 
 
 XLV. LADISLAUS King of Poland had flgnallz'd himfelf Privilege!? - 
 by his Zeal for the Union of the Greeks to the See of Rome, and forS''^"^^^ to ' 
 the Couverfion of the Infidels in Samogitia, and the Neighbourhood ],1'/^^'l^ "jf, 
 oi Poland. He fo well feconded the Endeavours of the Council ofpope. ^^ ' 
 Conjiance in this latter refpeilt, that all the Pagans that were left in RaynaU. am. 
 Samogitia were converted this Year. He founded a great Number '4'8, mim, 
 of Cathedral and Parochial Churches in thole Provinces, which he^7"'/''V-, 
 maintain'd at his own Elxpence, and he eflablilh\i able Perlbns in them xT p as^ 
 to fortify them in the Chriftian Faith. In confideration of this, he " *^' ' ' 
 had obtain'd feveral Privileges from the Popes, which were confirm'd 
 to him by Martin V. This appears irom two Bulls dated at Con- 
 fiance ; one upon the /s^ih, and the other upon the 13th of May. In 
 the former, the Pope confirms the Privileges which his Predeceflbrs 
 liad granted to Ladijlatis ; and, in the fecond, he gives him the Title 
 of Vicar General of the Church in the Kingdom oi Poland, and in 
 
 (i) Annuendura cenfuknus devotioni Romanse Ecclefise matrimonia contrahendi 
 
 charifllmi in Chiifto Filii Manuclis Impe- liberam indulgcamus facultatern. Raynald.' 
 
 ratoris Conftantinopolitani, qui nobis liu- ad. an. 1418. num. 17. 
 miliicr fupplicavit, quatcnus vobis filiis {z) As for diefe Marriages, fee the., 
 
 fuis, & cuilibct veftriim cum mulieribus Hiftory of Ccnfiantino^Je^ Tom. VIII. p. 
 
 fidei ac dcvotioiiis & obcdientiic, fanflx z6^. » 
 
 PoUfi
 
 '224 5'/5'<? H'tpry of the Council 0/ C 6 n s t a iq c iT 
 
 1 41 8. Polif} Rtiffia. He alfo confu-ra'd the Privileges granted upon the 
 \,^/'>/'\J fame Account to Jle^^ander de Withold Great Duke of Lithuania, 
 and likewife made him his Vicar General in that Province. Now we 
 are in Poland^ we will here fet down en paffant what Dlugofs fays re- 
 (»•) Dlug. lating to («?) Peicr Fifcb, who had been turn'd out of his JBiihoprick 
 Lib. XI. p. of Cracow by Ladijlaus, in concert with John XXIII. to make room 
 184. for the Bifiwp Ox^ Pofen (/^), as was obferv'd in the Hiftory of the 
 
 C*)HisNamc^Q^^^^jj ^j- p-j-^ (^^y Though Peier Vifch died in 14 14, yet this 
 
 'ollrzJiLz. Aftair was reviv'd at the Council of Conjiancs, through the Solici- 
 (0 Lib. VI. tation of fome Bifhops of Spain and England^ who had contva£led a 
 p- I '4 Friendfhip with Peter Fifch in the pretended Council o!-" Sienna. 
 Thefe Prelates ibllicited the Reparation of the Honour of Peter Vifch, 
 and the Condemnation of the Billiop o^ Pofen, who had been put into 
 his Place. The latter was a£lually cited to the Council, but at the 
 Solicitation of the King of Poland, who urg'd the Death of Peter 
 Fifch as the Reafon, his Appearance was dilpenfed with. Mean time, 
 the Chapter of Pofen having defir'd of the King that they might be 
 permitted to chuiTe another Bifhop, the King nam'd four, out of 
 whom Jndreiv Lafcaris, a Pole, was elefted, and fent to Sigifmond at 
 the Council, as has been feen. Moreover, to the end that thele two 
 Princes might not be molefted in thole pious Undertakings, the Pope, 
 in concert with the Emperor, order'd one Year's Truce between the 
 Poles and the 'Teutonic Knights, to begin from the 20th of July; and, 
 for the Security of this Truce, the Knights were to refign into the 
 Hands of the Poles four Places, of which Ladifaus ftiould be put into 
 Pofleffion, on Condition that he fliould not fortify them, nor pretend 
 thereby to acquire any Right to them. 
 The King of XLVI. While thefe things were tranfa£ting in the North, John 
 Portugal's King of Portugal made Conquefts over the Intidels in Jfrica. He 
 Conquefts. j^^^j already taken Ceuta from the Moors in 1.115, and, having a 
 Defign to extend his Conquefts fartlier, he foUicited Aid from the 
 Chriftian Princes. 'Twas with this View that Martin V. publiJh'd a 
 Croifade, wherein he exhorts all the Chriftian Princes to affift the 
 King of Portugal in ^o pious an Undertaking. The Bull is dated at 
 Conftance, in the Month of^pril. 1 oblerve, that neither this, nor 
 the foregoing Bulls carry the Approbation of the Council. 
 
 This was fuperfcribed in Manner following. * To our venerable 
 
 * Brethren the Patriarchs, Archbifhops, Bifliops, and to our dear 
 
 * Sons the Ele&, the Adminiftrators, Abbats, Priors, and other Pre- 
 
 * latcs of Churches and Monafteries, as well as to all Chriftians, in 
 
 * what Part of the World Ibever, Greeting, and Apoftolical Benedic- 
 
 * tion.' It contains, i. A Panegyric on thcKin^ of Portugal, and a Con- 
 gratulation of him upon his Conquefts over the Infidels, who are 
 call'd Sa^azins. 2. All Emperors, Kings, Dukes, Princes, Marqucffes, 
 
 Barons,
 
 The Hijlory of the Council <?/ C o n s t a n c e. 2 25 
 
 Barons, and other Lords of Chriftendom, are thereby invited, thro' 1418. 
 the Iprinkling of the Blood of Jeliis Chrill, to arm themlelves vigo- n.^'-v"-^ 
 roiilly to iiipport that Monarch in his Delign to extirpate the Infi- 
 dels with a Promile to reward them tor lb good a Woik with Spiri- 
 tual Munificence ; that is to fay, RemilTion of their Sins, and Indiil- 
 gcncies. ?. All the Members of the dignify'd and inferior Clergy are 
 ordered to make all thole who ffiall appear for this Expedition take 
 up the Sign of the Crofs, and to promilc them full Remillion of their 
 Sins, after Confefjion and Contrition, even though they are Incendiaries, 
 Sacrilegious, and though they had laid violent Hands upon Priefts 
 and Friers, liich Cafes excepted as ought to be referv'd to the Apo- 
 ftolical See ; and all this by the Advice of the Cardinals (1). 
 
 XLVII. The Council advanced apace towards its Conclufion, The Pope's 
 but it was not oblerv'd that the Reformation of the Church made Concordues 
 any great Progrels. Tiie Pope had found out the Secret of dividing'^"'' '''"''<»■- 
 the Nations when ever they were met to treat about it, being liire that ^„„m^ 
 he could deal with each of them better by particular Concorda';es. Ac-r. A. Hardt, 
 cordingly he made a feparatc Treaty with the Germans and the Eng- T. IV. p. 
 lip. The Pope's Concordates with thele two Nations may be feen ac 'J'^- 
 the End of this Hiitory, as they were extracted by Dr. ron der ^' ' ^°' 
 Hardt, from the MSS. in the Libraries of Viemm, Brunfwick 
 and Cambridge, and placed in the tirft Volume of his Colleftion. 
 We will here only give the Titles and Contents of them. The 
 Titles of the Concordate with the German Nation are, i. Of the Num- 
 ber and ^ality of the Cardinals, which are fettled upon the Foot of 
 the Project that Martin V. had prefented to the Nations, as well as 
 all the others. 2. Of the Provifion or Collation to Churches, Monafle- 
 firies. Priories, Dignities, and other Benefices. 3. Of Annates. 4. Of 
 the Caufes that are to be try''d at the Court of Rome. 5. Of Commen- 
 dams. 6. Of Simony (t). This Article being different from that 
 which had been deliver'd in to the Nations by Martin, we will here 
 give the Subftance of it. ' All Patriarchs, Archbifhops, Bifliops, 
 ' Abbats, AbbelTes, and other Prelates, Clerks and Perfons Ecclc- 
 
 * fiaftick. Religious and Secular, of both Sexes, are thereby en- 
 ' join'd to provide themfelves with a ConfelTor three Months after the 
 
 * Publication of this Aci, whether he be Doctor of Divinity, or 
 
 * Doctor, Licentiate, or Batchelor of Law, when liich a one can be 
 ' conveniently found ; and if fuch a one cannot be found, then it 
 
 * will be fufficienc to choofe an intelligent difcreet Reader, or Prieft, 
 
 * of good Repute, whether he have Cure of Souls, or not. When 
 
 * fuch Confefibr is once chofcn, he fhall, with all the Speed pofllble, 
 
 * hear the Confeflion touching Simony, and only ablolve the Penitent 
 
 (l) De Fratrum noftrotum confilio. 
 
 (2^ De Simonia cui in Foro Conlciemias provifum. 
 
 Vol. XL b' f in
 
 326 The Hijiory of the Council <?/ Co n s T a n c e. 
 
 ' in Foro Confcieniiie from his Sins, and all Sentences of Excoramnni- 
 ' cation, Suipenfion, Interdift, Cenilires and Penalties whatfbever, that 
 ' he has incnrr'd perhaps for Simony committed aciroely or pajjively in 
 
 * the Collation of Orders, Ecclefiaftical Benefices, at the Entrance into 
 
 * any religions Order, or in any other Cafe vvhatfoever, till the Pnbli- 
 
 * cation of the prefent Conftitution. The fame Confeffor fhall like- 
 
 * wile ablblve the Penitent from all manner of Irregularity^ which he 
 
 * may have contrafted by celebrating the Mafs and the Divine Oflfice, 
 
 * being in the Bonds of Excommimication in Foro Confcicntia^ and fhall 
 
 * confirm him in the PofTefTion of the Benefices and Offices which he 
 
 * had retain'd in that State, totally abolilliing all Difability, Irregu- 
 
 * larity. Brand of Infamy, and other Stains, and excufing him 
 
 * from all manner of Reflitution ■, provided nevcrthelefs that he be not 
 
 * in a Capacity to make it, or that he cannot do it without Scandal and 
 
 * Infamy.' 7. Not to Jhun Perfons excommunicated^ before they have 
 been fo declared and denounced by the Judge. This Article is not in 
 Martin V's Plan. 'Tis worded thus. * In order to avoid many 
 ' Scandals and Dangers, and to eale timorous Confciences, we merci- 
 
 * fully grant to all Believers, that no body hereafter be obliged to 
 
 * abftain from Communion with any one whatfbever, either in the 
 
 * Adminiftration, or Receiving of the Sacraments and other Offices, l^c. 
 
 * under Colour of any Sentence, or Ecclefiaftical Cenfure, inflifted in 
 
 * general Terms by the Law, or by a Man (ajurez-elab homine genc- 
 *■ ralitcr promulgate) unlefs that the Sentence, or Cenflire, pronounc'd 
 
 * againfl: any PerJbn, College, Univerfity, Church, Community, or 
 
 * certain Places, has been publifli'd, and denounced particularly and 
 
 * exprefsly by the Judge. They however are excepted, who, by Rea- 
 ' fon of Sacrilege, or laying violent Hands upon the Clergy, have 
 
 * lb notorioufly incurr'd the Sentence of Excommunication, that no- 
 
 * thing can skreen them, nor no Law excufe them (i).' 8. Of Dif- 
 fenfations. 9. Of the Maintenance of the Pope and Cardiiials. 10, 
 Of Indulgencies. 11. In the eleventh Chapter, the Pope and the 
 German Nation agree that this Concordate fhail fubfift for five Years, 
 notwithlianding any Apoftolical Conftitutions or Rules of Chancery ; and 
 that, upon the Expiration of five Years, each Church and Perlon Hiali 
 be reftor'd to their Rights;, and finally, that authentick Afts of this- 
 Capitulation fliall be deliver'd to whofoever fliall demand them j and that 
 ibr fuch Copies no more be paid than twelve Grofles Tourmis (2). 
 
 (i) This Conftitution was almoft en- (2) Pro toto autem non folvantur ultta 
 
 tirely confirm'd by the Pragmatic SaiiBioii^ <iuodecim Groffi Turouenfes. T. </. Uardf^ 
 
 and by iej X's Concordate with Francisl. T.I. p. 1056, lodp. 
 LJherti'es of the GallLc.in Church. T. 11. p. 
 46, 82, 
 
 Thje
 
 The Hijfory of the Council ^Constance. 
 
 The Pope made a Concordate alio with the EngliJI:, which, was 
 rcgifter'd in the Books of the Chancery, as well as the German Con- 
 cordate. It confifted of fix Articles, i. Of ihe Number and Nation 
 of the Cardinals. The Number thereof is not Ipecify'd. 'Tis only 
 faid, that the Number be lb hmited, that the Church be not op- 
 prelfed by it, and that the Cardinals be chofen indiiferently out of 
 all Nations, Kingdoms or Provinces, which ihall be done by Conferit 
 of the Cardinals, or the major Part of them. The lecond Article is 
 of Indulgencies. 'Tis worth repeating. * Whereas, by means of va- 
 
 * rious Indulgencies and Briefs of Faculties (Liiterarum Faailtatum) 
 ' granted by tlic Apoftoiical See for the Abfolution of thoft who vific 
 
 * certain Places, and there make Offerings, as well as upon account 
 
 * of the Colleftions which abound in England more than ever, leveral 
 ' prefume to commit Sin, by quitting their own Cures, and their own 
 
 * Parilh Churches, to go and confefs ellewhere, under Pretence of 
 
 * Indulgencies, and carry thither the Tenths, Oblations, and other 
 ' things due to their Churches, or are long before they pay them, 
 
 * the Diocefans of the Places fhall hereafter be commiffion'd to exa- 
 
 * mine the Nature of thoie Indulgencies, and empower'd to fufpend, 
 ' by Apoftoiical Authority, the Execution of thoie which they fhall 
 ' find icandalous, and to denounce them to the Pope that he may re- 
 
 * voke them.' The third Article is o^ ^Appropriations, Unions, Incor^ 
 porations of Churches and Ficarfnps. They ihall no longer be made 
 propria Motu, but the Bifiiop of the Places fliall be appointed to exa- 
 mine them. All Unions and Incorporations made i nee the Schilin 
 are vacated. - 'Tis order'd, that there be in all Parochial Churches 
 a perpetual V^icar to have Cure of Souls, who may be fuSi-iently en- 
 dbvv'd to exercife Holpicality, and to pay the Debts of the Church, 
 The fourth Chapter ibrbids the giving of Pontifical Ornamenrs, lucli 
 as the Mitre and Sandals (i) to the inferior Pre'. ites. All tne Privi- 
 leges granted on this account, fince the Death of Gregory XI, are re- 
 voked. The fifth Chapter treats of Difpenfaiions. Difpenlations are 
 forbid to be granted hereafter for the holding of feveral Benefices j 
 but thofe which were granted before are fliiler'd to remain in full 
 Force, unlefs they are found to be Icandalous by tlie Ordinaries of the 
 Places. No Dilpenfations fhall be granted for Ncn-Refidence;, nor 
 fliall the Faculties Licence' be granted to the Monks for obtaining 
 any Ecclefiallical Benefice whatlbever. The fixth Chapter enjoins, that 
 thofe of the Englifi Nation flrall be admitted toCJrfices at the Court of 
 Rome, as well as other Nations, provided they are qualify'd (i). 
 
 (i) The Slippers wove by the Pope vilJe, a Canon of Tbti, ^i Gtneva, on the 
 
 and Bilhops wlicii chcy officiate. 21ft oi yune, 1418. Kiom the Camlrldge 
 
 (2) TheCaidinal of 0/;«, Vice-chan- MS. ap. V. d. Hardt, T.I. p. 1082, 
 
 cellor, dclivci'd this Aft to Rabert dc Ne- 1084. 
 
 F f 2 W£
 
 223 The Htjiory of the Council 5/ C o N s t a n c e. 
 
 We fhall find thcfe ConcorJates confirm'd in the XLIIId SeflTon.' 
 ;he Pope alio drew up a Plan of a Concordate with the French, but 
 it was not at firft approv'd of in that Nation. TToey 'were not 
 fo hafly in France, fays Father Daniel, to own this Pope, becaitfe they 
 inere out of Humour iviih the E>nperor. 'The ancient Ordinances for pre- 
 fcri'ing the Liberties of the Gallican Church 'were there renewed, efpe- 
 cially "with regard to the Collation of Benefices. Money ivas prohibited to 
 be carry' d out of the Kingdom, -which had a particular View to Rome ( 1 ) j 
 hut in the foUoiving Tear they conformed to the Decrees of the Council of 
 Conftance, and Martin -was e-jevy 'where recogniz'd, except in the Rock of 
 (vi) Hiftory Penilcola (a). He found it altogether as difficult to manage the Spa- 
 o^Ptancehy mards, who did not like him. Thus did the Pope abufe the good 
 Father D/r- ^gf^,;.^ ^f fome, and flight the Refiftance he met with from others, 
 p Vs-' XLVIII. Before Martin V. was elefted, a certain feditious Li- 
 
 ^ihn rfe Fal- bel vvas condemn'd to the Flames, which one John de Falkenberg, a 
 kenberg. Dominican Frier of C^»//KW, had compofed, by Order of the Knights 
 scheiflfComp ^^ P''"I^'^i againft the King and Kingdom of Poland. When the 
 chron. p. 55. Archbilhop oi Gnefna was at Paris with the Emperor, he met with 
 T. d. Hardt, that Libcl there ■■, and, upon his Return, he cauled the Author of it, 
 T. IV. p. who was then at Conftance, to be imprifon'd. I was never yet able to 
 ^°^^' ■ meet with the entire Piece*, but one may judge of the whole by the 
 Vlagofj's Hi- Sketch which Dlugofs has given of it, in his hiiftory o'i Poland, where 
 ftory ofPD- he gives an Account of the Sentence of Condemnation, which the De- 
 ^"v'f ^'''h< puties pafs'd upon it, in the Name of the Council. The Libel is 
 ^lugo/f Lib addrefs'd to all the Kings, Princes, Prelates, and to all Chriftendom 
 XI. p'4S7- in general^ and the Author therein promifes eternal Life to all that 
 v/ill enter into an Alliance for extirpating tlie Poles and their King 
 Jagellon. Among other Propoficions that are condemn'd in the Sen- 
 tence, Notice is taken of thefe. ' That the King of Poland being a 
 
 * bad Prince, is an Idol, and that the Poles who lerve him are Ido- 
 
 * laters; that the Poles and their King, delerve nought but Hatred ^ 
 ' that they are Hereticks and fhamclefs Dogs, which are return'd to 
 ' their Vomit, by relapHng into Infidelity, that 'tis more meritorious 
 
 * to kill the Poles and their King than to kill the Pagans ; that the 
 
 * Secular Princes, who fliall murder the Poles and their King, and 
 
 * who toll hang up all the Nobility, will deferve celeftial Glory, 
 ^ and that they who tolerate or fupport them will be damn'd ; that 
 
 * all Poland, with Jagellon, who is the Head of it, is criminal, be- 
 "■caufe 'tis plung'd over Head and E!ars in Schifm and Herefy.' This 
 Libel is condemn'd by tlie Commidioners to be burnt, as erroneous in 
 F'aith and Manners, feditious, cruel, fcandalous, injurious, impious, 
 offenfive to pious Ears, and heretical. 
 
 (0 See the two Edifts of the King of fww* in the Hiftory of the Univcrfity of 
 ?aris, T. V. p 5iS, 531. 
 
 TilE
 
 The Wtjlory of the Council ^/ C o n s tan c e^ 229 
 
 The Sentence is dated in June 1417. It was refolv'd on by the 141F, 
 Deputies of the Nations, and all the Cardinals had aftnally (ign'd it : L/St^J 
 But there was not one among them who (ignaliz'd his Zeal againft 
 the Author of this Libel more than the Cardinal de Florence^ who 
 Ipoke to him in thefe Terms when he told him that he was con- 
 demn'd to perpetual Imprilbnment. ' Infamous Villain, as you are,^'".?"/ "J? 
 ' how could you dare, contrary to the Engagements of your Gharac--''''?-P-3>7- 
 < ter, as a Prieft and Frier, to wound the Honour and Itain the Re- 
 
 * putation of a King, fo diftinguiih'd among Kings, by all manner 
 
 * of Virtues, and by his Zeal for the Faith. Know that you have 
 *■ brought upon your Back not only the whole Kingdom oi Poland, 
 
 * but all the Nations of the World, as well as all the Council, which 
 
 * looks upon the Caufe of the King of Poland to be its own, i^c' 
 Though this Sentence was unanlmouny refblv'd on, yet it had not 
 been confirm'd in any publick SefHon. 
 
 The Poles had the more Realbn to hope that Martin V. would 
 confirm the Council's Sentence againft Falkenber£s Book, becaufe him- 
 felf had fign'd the Condemnation of it when he was a Cardinal ;, yet 
 they did not find him altogether fb tractable. Dlugofs tells us, that 
 this Pope, at the Solicitation of the Knights of Prufjia, was willing 
 to reverie, or, at leaft, to mitigate the Sentence pafs'd againft this > 
 Piece by the Deputies of the Nations j and that the Poles were {0 in- 
 cenfed at it, that they appealed againft this Denial of Juftice, and 
 againft the Kleftion of Martin V. to the next Council. The French 
 join'd in this Caufe with the Poles, becaufe the Principles of John de ■ 
 Falkenberg were very near the fame with thofe of John Petit, and : 
 becaufe the former had audacioufly maintained the Doftrine ^f the ■ 
 latter by three Writings, in which he confuted the Cardinal of Cam- 
 bray and John Gerfon in a very infblcnt Stile. 15ut neither the Poks^cerf.T.Y.f.^ 
 nor the Fr^w^ could ever carry their Point fo far as to oblige the 1014- 
 Pope to caule Falkenber£s Libel, or the Duke o^ Burgundy's Apology, 
 compofed by John Petit, to be condemn'd in full Council. Of this 
 Gerfon complains bitterly in the Apologetick Dialogue, which he com- 
 pofed after the Separation of the Council. 'Tis proper to hear liim. rtb.iy.g 
 I intreat all thefe, faid he, who ha've a Zeal for the Chifiian Religion, 
 and for the Honour of the Pope and Council, maturely to conftder the great 
 Tnccnvemencies that may happen, if the fecond Article, luhich obliged the 
 Council to he calfd, is not comply d luith, viz. the Extirpation of Here- 
 ticks, efpecially lahen Maxims are in Difpute, which have been publickly 
 cenfured, and upon which there have been fo many Debates in Council (^ly . 
 From thence Gerfon proceeds to the fatal Confequenccs which fuch a 
 Dillimulation may be attended with j and he mentions Jeveral that are 
 
 Ci) That is to Cav, by the Natio.is, and in the Kcforjning Colleje. 
 
 confiderable...
 
 2^0 The H'tJIory of the Council <?/ C o n s t a n c e. 
 
 14IC. confiderable. ' It teads to give the Bohemians Cairfe jiillly to acciifc 
 
 Sj'''"V"'N-' ' the CouiiGJl of a very criminal PartiaHty, for treating with lb much 
 
 ' Indifference a Qi_ieIlion ib important with regard to Chriftian Mora- 
 
 * lity and civil Society, and palling (o rigorous a Sentence on other 
 ' Herefies not lb capital, 'Tis opening the Doors to Robberies, 
 
 * Perjii;ies, iMaffacres and Affaflinations. 'Tis depriving the Biihops 
 ' of all Power to fupprefs Plereticks, and to corrciil; thole that go a- 
 ' ftray in their Diocefes, becaufe when they Jee that the Council ic- 
 ' lelfhadrwc that Authority, they would not pretend to it nei- 
 
 * then Which will reduce the Secular Princes to the Neceffity of 
 ' arming themfelves with the Temporal Sword againft thofe who Jhall 
 
 * teach Doctrines pernicious to their Dominions. 'Tis vilifying the 
 ' Authority of the Council, making all void that it has done, and 
 ' moreover putting the Laugh m the Mouths of Infidels, Schilma- 
 
 * ticks, and elpecially Peter de Luna and his Abettors, who will not 
 ' fail to triumph, that, in a Matter of fo high Importance, Things 
 
 * have been carry'd on with more Indifferency fince the Ekclion of 
 
 * a Pope, from whom lb great Things were expetted, than they were 
 
 * before he was chofen. Which may hinder the paying ot that general 
 ' Obedience to Martin V, which he ought to have, for the common 
 ' Welfare of ChriRendom.' We fhall have another Opportunity to 
 Ipeak of this Affair. 
 
 Twenty four XLIX. The Affair of the Hujfites was profecuted with a great 
 
 Articles of deal more Warmth. Towards the Clole of the preceding Year, the 
 
 the Council Council and the Emperor had fent Safe-ConduQs to them to come 
 
 ^ifufUtei ^ ^ t° Conflance^ to give an Account of their Behaviour. But they were 
 
 not in a Humour to expofe themfelves to the fime Risks as their two 
 
 Doctors : And probably 'twas upon this Refulal that the Council 
 
 drew up againil them twenty four Articles;, the chief of which are 
 
 in Subftance thele. ' That the King of 5o^ifw/^ ihal! fwear to main- 
 
 ' tain the Romlfi Church, and the other Churches of his Kingdom in 
 
 * their Liberties, and not fuffer them to be molefted by the Hujfites : 
 
 * That every Perlbn, Clergyman or Layman, who adheres to the 
 
 * Doftrine of IVkklrjf and John Htis^ fhall be compell'd to abjure ir, 
 
 * and punilli'd, according to L>aw, in cale of Refulal and Dilbbe- 
 ' dience : That the Clergy turn'd out of their Benefices Ihall be re- 
 
 * ftored, and thofe that have intruded be expell'd : That all the 
 
 * Eccleliaftical Revenues, Relicks, the Treafures of the Churches, and 
 
 * every thing in general that has been taken away l!i;dl be reftored : 
 
 * That the Univerfity of Prague iliall be reform'd, and entirely 
 
 * purg'd of the IVkkliffites : That the chief Broachers of Herefies 
 ' fhall be fummon'd to the Court of Rome. Among otliers, there are 
 
 * the Names of nine, viz. 'John JcJJ'enitz, James de Mifa, Simon de 
 
 * Tifna., Simon de Rokizane, Chrijlian de Brochaiiiz, John Cardinal^ 
 
 ' Zdenko
 
 The Wtjlory of the Council <?/ Constance. 
 
 * Zdenko de Loheriy Zdijlaus de Snierlitz and Michael de Kzisko : That 
 
 * all the Laity, who have received the Communion in both Kinds, 
 
 * and obliged others to do 16 too, etpecialiy fince the Prohibi- 
 
 * tion of the Council, fhall abjure this Error : T'hat no Difpenfa- 
 
 * tion floall be granted to the Priefls, or others, ordain'd hy Herman, 
 
 * Suffragan to the Archhijlmp of Prague, ivho was arrejled by the Lord 
 
 * Zenko de Wartemberg, but that they be ref erf d to the JpoJioUcal See : 
 
 * I'hat IVickliffh Books, trandited by John Has, or by Jacobel, into 
 
 * the Vulgar Tongue, fhall be delivered to the Legate or Ordinary, 
 
 * as well as the Treatife of John Hus, which was condemn'd in the. 
 
 * Council: That all JacobeVs (i) Tra^b^ wherein he declares in fa- 
 
 * vour of the Communion in both Kinds, and treats the Pope as Anti- 
 
 * chrift, fhall be burnt, together with his Treatife (:), wherein he 
 
 * maintains, that Bread remaincth upon the Altar alter Conlecration. 
 
 L. 'Tis abfolutely neceflary, for the Reader's Inftruction, to md\iQ yacAel'sScn- 
 a Digreflfion upon this laft Article of Jacobel. The j3o£lors oftimentof the 
 the Council were very much miftaken to charge Jacobel with having Kucha-.ift.^ 
 written, that the Bread rcmaineth after the Confecrationof it. Jacobef'^^ jif'^'^ '' 
 Treatife was intitled, Of the real Exifience of the Body and Blood ofsSj^, ' 
 Jefiis Chrifi in the Holy Supper. And 'tis certain, that he believ'd the 
 real Prelence of the Body of Jefus Chrifi in the Eucharift, together 
 with Tranfubflantiation, and all the Confequences of that Dotlrine, 
 particularly the Adoration of the Sacrament, and that of the Body of 
 Jefus Chrifi: in the faid Sacrament. The Difference therefore between . 
 his Opinion upon this Matter, and the Opinion of the Generality of 
 Doctors at that Time, was this: hie diftinguiihed two forts of Lives 
 in the human Nature of Jefus Chrifi, an animal or corporal Life, and 
 a fpiritual and divine Life, by mirtue of the hypofiatical Union. Thefe 
 are his Words. Domino Jefu Chrifi o noflroSalvatore'veniente in huKcvhi frp. n^, 
 mundum ad nos, ^ converfante cum hominibus ufque ad mortem, ut ex Sifp, 85a _ 
 Scriptura facra, £j? teftimcnio antiquorura SanSiorum ofienditur, corpus 
 Chrijli de Spiritu San&o conceptnm, natum ex Maria Firgine, paffum, (^c, 
 exifiens in natura Jua corporea, habuit duplicem vitam, fcilicet vitam fpi- 
 ritualem, divinam, invifibikrn, alia'/n animalem, mortakm, vifibilem 
 mole magnam, extenfam. Patet hoc primo, quia Cbriftus, fecundum hu- 
 manitatem totam, ^ per confequens non Jhlhm fecundum animam, fed 
 etiani fecundum corpus, crat Alediator inter Deum (^ Hominein, tanquam i. 
 inter dm extrema. Ergo necejfe e-rat ipfum Dominurn noftrum, etiam. 
 fecunditm corpus fmm proprium exiftens participare de utroqxe extremo, ut 
 
 (1) Sec all th<»fc Treatifcs of ^'"'''^^^ '" Cam yatolelltim de Remanentia Panis poft ' 
 the third Tome pf M. f'on dtr v.ardt'i Col- Confecrationein in Alrari. Von der tiardt, 
 leftion. T. IV. p. 1517. 
 
 (2) Et fimilitcr Tra£latus,edirus perip- 
 
 adc}.
 
 252 '^he Htfiory of the Council of Constance. 
 
 .1418. acleo eJJ'et caro corporis divinay i3 fie haberct vitam fpiritiialem, divinam^ 
 
 S.^'~V'~N.^ invifibilem (S im}>tortale?n, ex \Unione Deitatis hypofiatiae ad ipfam 
 
 carnem. Et ex parle hominum, nt aptihs eis converfaretur babuit vitam 
 
 ■aaimalem, mortalem-, 'vifwikm^.mole magnam five extenfam. i. e. ' Wheia 
 
 ' the Lord Jeliis Chrirt, onr Saviour, camf; into the World, and con- 
 
 ■' veriedwith Mankind til! his Death, as is apparent from the Sacred 
 
 •' Writing?, and the Teftimony of the Holy Men of old, the 13ady 
 
 -' of Chrift, which was conceived of the Holy Ghoft, born of the 
 
 ' Virgin Mary^ fuffer'd, ^c. exifting in his bodily Nature, had a 
 
 ' twofold Lite, viz. the one, a Ipirituai, divine, invifible Lifej the 
 
 ' other, a Life which was animal, mortal, vifible, with Magnitude 
 
 •'■ or Extenfion. This is manifefl: in the firft Place, becaule Chrift, 
 
 ' taking in his whole Humanity, and, by conlequence, not only con- 
 
 ' fider'd with Regard to his Soul, but alfo with Regard to his Jio- 
 
 ' dy, was Mediator between God and Man, as between two Extremes. 
 
 ' It was therefore necelfary that our faid Lord, exifting even accord- 
 
 * ing to his proper Body, iliould partake of both Extremes in fuch 
 
 * fort, that the Flelh of the Body would be divine, and would have 
 ' a Life fpiritual, divine, invifible and immortal, by the hypoftatical 
 ' Union of the Deity to the Fiefli itfelf Aad, with Regard to his 
 ' Manhood, that he might the more fitly converfe with Men, he 
 ' had a Life which was animal, mortal, viiible, with Magnitude or 
 
 * Extenfion.'' Now the Opinion oi Jacobel was, that the Body of 
 Jefus Chrift is, in the Euchariil, according to his Ipirituai, divine 
 
 - and invilible Life, and not according to his animal and corporal Life. 
 
 rvbifupr. p." Condufio refponfialis ad qu^efiitiim. Ex fimdamento Scripture facra, £5? 
 
 8,97. ex ieftimonio antiquorum SanUorum oftendi poteft^ 13 credl debet, quod in 
 
 .Smcrcihiento altarii eft verum Corpus Chrifii in fua propria exifientia de 
 
 virgine natum, pafiiirn, I3c. (3 hoc non fecundum vitam animakm, mor- 
 
 JaletUy fed fecimdiim vitam fpiritualem divinam. i. e. ' The conclufive 
 
 * Anfwer to the Queftion. It may be demoiiftrated, from the Balis 
 
 * of the Holy Scriptures, and from the Teftlmony of the Saints of 
 
 * old, and it ought to be believ'd, that, in the Sacrament of the Al- 
 
 * tar, the real Body of Chrift is, in its proper Exiftence, as it was 
 ' born of the Virgin, fuifer'd, i3c. and this not according to the ani- 
 ' mal, mortal Life, but according to the Ipirituai, divine Life.' He 
 grounds his Opinion upon the Authority of St. Augajiiny St. Jerome, 
 St. Jmbrofe, Fulgent ius, Pafichafius, Jnfielm, and a great Number of 
 School Divines. After having alledged all thele Teftimonies, he in- 
 fers, that the Body of Jefus Chrift muft be ador'd in the Sacrament, 
 as well as the Sacrament itfelf Et patet quod corpus Chrifii in Sacra- 
 mento Altaris, in quo eft plenitudo Divinitatis corporaliter, (3 fic Chrifius 
 in eo exifiens, a cuntlis fidelibus debet adorari £9* coH, 13 una cum Sa- 
 cramento divinifiimo^ ^3 tremendiffimo venerari. i. e. ' And 'tis manifeft, 
 
 • that
 
 77;,? Hijlory of the Council <?/ C o n s t a n c e . 333 
 
 that the Body of Chrill in the Sacrament of the Altar, in which is 14 18. 
 
 * the FuUnels of the Divinity, corporally, and conlequently Chrift C/'V'VJ 
 
 * exifting therein, ought to be ador'd and worihip'd by all Believers, 
 
 * and to be reverenced together with the moft divine and moft tre- 
 
 * mendous Sacrament.' He afterwards lairly confutes thofe who de- 
 ny the real and corporal Prefence of Jelus Chrift in the Sacrament, 
 
 and who look upon this Sacrament as an Idol. E>; pfiediSfis patefP.^zi. 
 quod hoc Sacr amentum^ in quo eft Corpus Chrifti cum plenitudinc Divini- 
 tatis non eft Idolum, ut quidam feduSti a fide dicunt aliofque feducunt. 
 i. e. ' From what has been faid, it is manifeft, that this Sacrament, 
 ' in which is the Eody of Chrift with the Fullnefs of the Divinity, 
 
 * is not an Idol, as is alledged by feme, who are not only feduced 
 ' from the FaltJi themfclves, but feduce others.' Fie lays too, that 
 the Prielts, who celebrate Mais without believing that Jellis Chrift 
 is therein corporally preient, having, not in that relpect, the lame 
 Intention as the Church, are deprived of the Power of making the Body 
 of Jefus Chrift, by virtue of the Sacramental Words. He affirms, in 
 his tenth Chapter, that PFicklift\ whom he calls an Evangelical Doc- 
 tor, was of the very fame Sentiment concerning the Eucharift, and 
 that he only deny'd the corporal Pretence of Jelus Chrift with regard 
 to his Life, corporal and animal. Vih^njacobel proceeds to explain 
 his Sentiment more clearly in the lame Chapter, he fays, that though 
 the Body of Jeiiis Chrift, which iiiffer'd upon the Crofs, be totally 
 preient in the Eucharift, neverthelels 'tis not prefent in it as a dead 
 Body, but, according to his Life, Spiritual and Divine^ and that the 
 Opinion of thole who fliy that Jefus Chrift is prefent in the Eucha- 
 rift, as a dead Body, is ftandalous. In the thirteenth Chapter, 
 wherein he examines the various V^'ays of explaining this Matter, he 
 gives this Caution. Take heed here, fays he, of the Wiles of Satan : 
 For there are fome ivho preach and ivrite, that the Body of Jefus Chrift 
 
 is fpiritually, facramentally and really in the Eucharift ^ but they will . , 
 not own that it is there in Nature with regard to his Spiritual and Di- 
 vine Life. Special Care muft be taken, continues he, of this Term 
 really; for if it be underftood to mean only that real Grace which is 
 annex'd to the Sacrament, and not the proper Exiftence of the Body 
 of JeRis Chrift, as to his Spiritual and Divine Life, 'tis a Miftake ^ 
 and upon this Occalion he alio repeats his Thefis in thele Terms. 
 "the Body of Jefus Chrift is, or exifts, in the Eucharift fpiritually, fa- 
 cramentally and really, in its proper Being or Nature, according to 
 bis fpiritual, divine, real, invifiblc Life ; and he affirms that to be the - 
 Opinion of the Catholick Church. But he does not (iiy that it ought 
 from thence to be inferred, as Ibme did, on purpole to render hira, 
 and thofe of the fame Stamp, odious, that the Body of Jefus Chrift 
 becomes the Divine Nature, or an Uncreated Spirit. He affirms, on 
 Vol. II. G g the
 
 254 '^^^^ Hijfory of ^/j^- Council (?/ C o n s t a n c e. 
 
 14 1 S. the contrary, that the Fleili remaineth truly Fle/h, but that, by the 
 ^•'-V^^ hypoftacicai Union, 'tis fpiritual Flefh : Which he fupports by the 
 Authority of St. Chryfojlom and St. John of Damafcus. There was a 
 Necefllcy for giving this Explanation of Jacober?, Doftrine for two 
 Reafons of Importance with regard to this Hiftory. The one, that 
 we thereby learn the more exatlly what Sentiments concerning the 
 Eucharift were entertain'd by JVickliff^ John Hus, and Jerome of 
 Prague^ who are apparently the Men whom Jacobel calls thofe of his 
 oivn Stamp. I fufpeft that they whom Jacobel confutes in this Wri- 
 ting were the Remnant of the Faiidois, who, in this Matter, held 
 very near the fame Sentiments with tliole which Jacobel attacks. The 
 other Reafon is, that here we difcover the Knavery of the Doctors of 
 the Council, who, in their Articles, charge Jacobel with having laid 
 that the Bread remaineth after the Conlecration ; for he believed 
 Tranfubftantiation, and the corporal Prefence of Jefus Chrill: in the 
 Eucharift. 'Tis very plain from hence, that we muft not always judge 
 of the Opinions of thole who are call'd Hereticks, by the Sentences 
 of their Judges, but by their own Writings. Jacobefs Treatife, which 
 was condemn'd, and of which fome Copies probably were committed 
 to the Flames, has been prelerv'd, to the Confufion of the Council of 
 Conjlance. The MS. of this Treatife of Jacobel was taken out of the 
 Library of Vienna. We return to the other Articles againft the 
 ContiBuation HuJJites. ' That there be a fevere Injun£lion not to fing the Ballads 
 «f the Arti- < made by the HuJJites againft the Catholick Church and againft the 
 cksofthe t Council, in favour di John Has and Jerome oi Prague ■■, that all 
 "X'the ' ^^^ Clergy be forbid to preach without Leave of their Ordinaries^ 
 a»^iits. '■ that the League of the Clergy and Laity, in favour of John Hus^ 
 ' and againft the Council, and againft the Apoftolicai See, be broken j 
 ' that the Ceremonies of the Church of Rome be obferv'd with re- 
 *. gard to the Worftiip of Images, and the Veneration of Relicks \ that 
 
 * Perfons relapfed fhatl be burnt ^ that the Laity fliall be obliged, on 
 
 * Pain of Excommunication, to affift the Clergy againft the TranP 
 
 * grelfors of thele Ordinances. 
 
 R. '1 fjWifr- LI- Undoubtedly it was in purfiiance of thele Articles that 
 i/»V. againft A/^r//« V. publifli'd a terrible Bull againft the HuJJites. In the firft 
 the Hujfites. Edition of the Afts of the Council of Conjlance, which was publifh'd 
 Teb. 21. jjj- Uaguenau in 1500, the Bull bears this Title: The F.rrors 0/ Wick- 
 j\d Hardi, jjff ^y 'England, and 0/ John Hus 0/ Bohemia, condemn" d in the general 
 ir'ig ' ^' Council of Conftance. But in the Editions that have been publifli'd 
 scbeljlr. Drf- fincc, we find this Titles Letter from Martin V, approving the Con- 
 firt. p. 188. demnation pafs'd upon the Errors of Wicklitf (3/7</ Hus by the Council of 
 Conftance. The Difterence of thele Titles is a Thing of greater Im- 
 portance than one would at firft imagine. According to the Title of 
 the firft Edition, Martinis Bull is look'd upon as the Bull of the 
 
 Council
 
 The Hijlory of the Council tf/" Constance. 235 
 
 Council it/elf, becaufe it was actually granted with the Approbation 1418. 
 of the Council, Sacro approhanteConcilio-^ whereas, in the Title of the v^/'y'Ny 
 other Editions, 'tis the Pope who approves the Council. In leveral 
 Copies of this Bull, there is a particular Addrels to the Clergy and 
 Inquifitorsof the Faith in Germany, Bohemia, Poland and England, un- 
 doubtedly becaufe it was in thofe Kingdoms that thole Opinions were moft 
 propagated ^ but in other Copies Martin V. addrefles himlelf to the Arch- 
 liifiops, Bijhops and Inqnifttors, in what Part of the JForld foever. In this 
 Bull, the Pope, firft of all, charges the Prelates and Temporal Lords 
 with having been dumb Dogs, and blames them for not cruiliing the 
 Tvil in its Birth. Then he relates how the Council of ConHance 
 had been obliged to condemn thofc Errors, and to expel the Guilty 
 from the Church, and to punii'h them corporally. But that having 
 heard, that, notwithftanding this Severity, there were not only in 
 Bohemia, but in leveral neighbouring Countries, Perlbns io rafh, as 
 to propagate Errors, to make ule of Books condemn'd and burnt by 
 the laid Synod, and to contravene its Statutes and Decrees, he orders 
 the Prelates, by the Approbation of the Council, to examine all the 
 Guilty, to judge the Hereticks <ind their Abettors, according to the 
 Laws, and to deliver them up, if it be necelfary, to the Secular Arm, 
 He likewile enjoins ail Emperors, Kings, Princes, and Lay-Judges, 
 to have a ftrict Hand over them. And to the end that no Perfon 
 may pretend Ignorance, Martin V. adds to his Bull forty five Arti- 
 cles oi IVicklif, and thirty o'i John Has, yi\i\dx had been condemn'd 
 by the Council, and upon which he would have Perlbns that arc 
 futpefted of Herely interrogated and fvvorn. As thele Articles have •7';, (j,,. 
 been before inferted, I will only oblerve that there is one, upon which I fourth Atti- 
 don't remember to have made any Reflexion, viz. that the Council and cle. 
 the Pope charge tlais Propofition upon John Hus as a Herely, which, 
 in my Opinion, others would think very Orthodox. In Jefus Chriji, 
 the Divine Nature, and the Human Nature, form one and the fame 
 Chrifl. I don't know that John Has was examined upon this Article, 
 nor does it appear among the Extra^b taken from his Books. Ne- ^. </• uardt 
 verthelels it was read in the XVth Seflicn, in which John Hus was T. IV. P407J 
 condemn'd ; and here we alio find it in the Pope's Bull. Aflor this 
 Remark, 'tis necelTary to let down the Queftions which Martin V. 
 orders to be put to thofe who fliall be accuied or lulpefted of holding 
 the Opinions of John Hus, to the end that we may be the better able 
 to judge of the Striclnefs and Severity of this Inquifition. 
 
 The Queftions which the Pope orders to be puc to the Perlbn 
 interrogated are thefe. ' Whether he did not know and converle 
 
 * with PVickliff, John Phis, and Jerome of Prague, and how he be- 
 
 * came acquainted with them. Whether he did not carry on the 
 \ fame Correfpondence with them as ever,, after he knew that they 
 
 G g 2 * were
 
 2 3 (5 The Hijiory of the Council of C o n s ta k c e. 
 
 14 1 8. * were excommunicated. Whether, after theu- Death, he did not 
 iy*\r'\J * pray for them, in hopes of their Salvation -, or whether, refpeding 
 
 * them as Saints, he did not pay them Ibme Worfhip. Whether he 
 
 * is not fully perfuaded that all general Coimcils, and that of Con- 
 
 * fiance in particular, reprefent the Catholick Church j and that what 
 ' this Council has approv'd, and approv'd for the Sake of the Faith 
 
 * and the Salvation of Souls, ought to be approv'd and adher'd to by 
 ' all Believers •■, and that what it has condemn'd, as contrary to Faith 
 < and good Manners, ought, in like manner, to be deem'd as duly 
 ' condemn'd. Whether he approves the Sentence which the Council 
 
 * pafs'd againft John WickVif^ John Hus, and Jerome o^ Prague ^ as 
 
 * well as againft their Doftrine and Books. Whether he has in his 
 ' Cuftody any Books, Works, Letters or Tra£ls of thole Arch- 
 
 * hereticks, or their Difciples \ and whether he will fvvear to deliver 
 ' them up to his Bifhop, and to dilcover thole that have any. W^he- 
 
 * ther he believes, that 'tis not lawful to fwear in any Cafe (i). 
 ' Whether he does not think that all wilful Perjury, committed upon 
 
 * any Occafion whatlbever, for the Prefervation of one's own Life, or 
 
 * another Man's, and even for the Sake of the Faith, is a mortal 
 
 * Sin.' The Flagellants, indeed, are acculed of having taught this 
 Doftrine •, but I don't know that either Wkkliff, John Hus, or Jerome 
 of Prague, ever advanc'd any thing like it. On the contrary, John 
 Hus would never retraft, for fear of offending God by Perjury ; and 
 Jerome of Prague publickly teftify'd his Repentance that he had per- 
 jur'd himfelf by his Recantation. But might not the Perlbn, to 
 whom fuch Queftion was put, ask, in his Turn, whether a perfidious 
 Aflion, fiich as the Violation of a Safe-Condufl:, for the Sake of the 
 Faith, is lawful? To return to the Qiieftions. * Whether he be- 
 
 * lieves, that, after Conlecracion, there is no longer any material 
 
 * Bread and Wine in the Sacrament of the Altar ; that there ablb- 
 
 * hitely remaineth only the fame Jefus Chrift, who fiiffer'd upon the 
 
 * Crofs, and that he exiftcth therein entire both in Body and Soul, 
 
 * in his Godhead, and in his human Nature, under both Species. 
 
 * Whether he does not believe, that the Cuftom of communicating to 
 
 * the Laity only in the Species of Bread, which has been oblerv'd 
 ' throughout the whole Church, and approv'd by the Council of 
 ' Conftance, ought to be preferv'd inviolably -^ and that they who ob- 
 
 * ftinately maintain the contrary, are Hereticks. Whether he does 
 
 * not believe, that 'tis a mortal Sin to defpile the Ceremonies of the 
 
 * Church; particularly Exorcifm, the Sacraments, fuch as, for In- 
 
 * ftance, Baptilin, Confirmation, Extreme Unftion and Marriage; 
 
 * and that, belides internal Contrition, every Chriftian is obliged. to 
 
 (i") JVlcklif-was acxrufed of havine taught this Deftrinc. 
 
 confel&.
 
 The Hijiory of the Council ^j/Constakce. 257 
 
 confcfs to a Prieft, and not to the Laity, be they ever fo holy. 141 8. 
 Whether he does not believe, that the Prieft, in Cafes which arc > 
 allowed him ( I ), may ablblve the Sinner, after he has confeft'd and 
 given Marks of his Contrition, and impofe a Penance on him. 
 Whether he does not believe, that a vicious Prieft, who officiates 
 with the necefTary Matter and Form, and with an Intention to do 
 what the Church doth, legally confers all the Sacraments, and that 
 he truly formeth the Body of Jeliis Chrift in the Eucharift. Whe- 
 ther he doth not believe, that St. Peter was the Vicar of Jefus 
 Chrift, and that he receiv'd the Power of binding and loofing upon 
 Earth. Whether he doth not believe, that a Pope eleQed canoni- 
 cally is the Succelfor of St. Peter, and that he has a Sovereign Au- 
 thority in the Church of God.' Note, that Martin V. means here 
 that the Perfon interrogated fliall cxprefsly name fticb Fcpe (:). 
 Whether he doth not believe, that the Authority of a Pope, an 
 Archbifliop, and a Bifhop, to bind and loofe, is grea:?r than that 
 of a meet Prieft, even though he lliould have Cure of Sjuls. 
 Whether he doth not believe, tiiat the Pope may giant Indulgencies 
 for the Remifllon of Sins to all Chriftians that are truly contrite, 
 and who have confefs'd, but eipecially to thofe who vifit the Holy 
 Places, or who afllft thofe that vifit them ; and that Biihops may 
 alio grant Indulgencies in their Diocefes, according to the Limita- 
 tion of the Canons. Whether he doch not believe, that 'tis lawful 
 to worJhip the Relicks and Images of Saints. Whether he doth net 
 believe, that the Religions ( ) approv'd of by the Holy Fathers • 
 were introduced with good Realbn. Whether he doth not believe, 
 that the Pope, and eveiy other Prelate, may excommunicate hi'^ 
 Ecclefiaftical and Lay Subjefts for Difobedience, and, in cafe 
 of Contempt, aggravate the Excommunication, put the Places 
 under an Interui^l, and implore the Affiftance of the Secular 
 Arm. Whether he doth not believe, that 'tis lavdiil for the Clergy 
 to poffefs Temporalities, and that 'tis not lawful for the Laity to 
 take them away by their own Authority} but that, on the contrary, 
 liich Ulurpcrs ought to be punilh'd_, as facrilegious Perfbns, even 
 tho' the Clergy who poffefs thofe Eftates, are bad Livers. Whe- 
 ther he believes it to be lawful for the Laity of both Sexes to preach 
 the Word of God. W'hether he believes it to be lawful for all 
 Priefts to preach every where, at all times, and to vvhomfoever they 
 pleafe, even though they Ihould have no MifTion. Wiiether he be- 
 
 (O That is to fay, in thofe Cafes His proper Name being exprefs'd. Kd. 
 
 •which arc not rcferv'd to the Bifliop or Hardt^ T. IV. p. 1528. 
 the Pope. (;) That is to fay, the Monaft.'cfc 
 
 (2) Ejus frofrio eominit txprejo. i. e. Orders. 
 
 .* Hevcs,
 
 * 
 
 238 The Htjiory of the Council of Constance.' 
 
 1418. * Ileves, that all mortal Sins, efpecially thofe which are manifefl, ought 
 f~^'^-' * to be publickly correflied and extirpated.' This (.Opinion JLneaS 
 JEn. Hiftory ^yj.yiy^ afciibes both to the Faudois and the Huffites. whom he tekes 
 cap. "5. to be all one, though they were very dilierent. 
 
 Remarks on LII. I have lome hiftorical Remarks to make on this Bull, and 
 that Bull, upon the Qiieftions which the Pope defires to be put to fulpected 
 Perlbns. 'I'he firft is, that in one of thole Queftions Martin V. 
 would have the Per Ion accufed made to fwear, that he believes 
 that all general Councils, and in particular the Council of Conjlance^ 
 reprefent the Catholick Church ; a.d that every thing which the 
 Council of Conftance has approved and condemn'd, ought to be ap- 
 prov d and condemn'd by all the Faithful. Thus you lee Martin V. 
 canonically elected, very formally deciding a Queftion in iavour of the 
 Council of Conftance^ which has been controverted with ib much 
 Warmth between the Divines o'i Italy and thofe on this fide of the 
 yilpcs, becaule he exprefsly declareth that the Council of Conftance is 
 an univerlal or oecumenical Council. Moreover, fince the J)ecifions 
 of the Council o'i Conftance ought to be approv'd by all Mankind, the 
 Superiority of the Council over the Popes is clearly eftablifh'd by 
 Martin V, becaule this Superiority was decided in the Vth Seffion of 
 the Council of Conftance^ and becaule Martin himfelf underftands it, 
 not only of this Council, but of every other general Council, as it 
 had been decided in that Seffion. The Exception, which the Libra- 
 '&Mfit. Differ, rjan of the Fatican makes againft it, is entirely frivolous. He lays, 
 JII. cap. 3. j.]^j(j jj^ j-j^js ]3^,ii j^jartin V. only meant to approve the Decrees of 
 the Council of Conftance againft Herecicks, in favour of the Faitby 
 and for the Salvation of Souls, as this Pope exprelfes it. VVhat then!* 
 Is not the Superiority of the Pope over tlie Council, or of the Council 
 over the Pope, a Matter of Faich? and if the Council had a Right to 
 decide every other Queftion, why Ihould it not have a Right to de- 
 cide this ? Is it not a Matter of Importance to the Faith, and the 
 Salvation of Souls, that the Popes fliould not do every thing as they 
 pleas'd, but that their Authority fhould be moderated by general 
 Councils ? Beildes, is there any Perlbn dilinterefted in the Queflion. 
 that can fwallow the Maxim di Schelftrate, and thole of his Scamp? 
 It amounts in Subftance to this : All the Decrees of a general Council 
 Rkher's Ki- againft Hereticks ought to be approv'd^ but not thofe 'which are made by 
 ftory of ge- ^ Council for refraining the Authority of the Popes. Alfo Meffieurs Richer 
 '-'."slCoun- ^^^ Dupin, both Doctors of the Sorbomie, did not fail to take Ad- 
 n xxvi'. vantage of this Bull of Martin V. in favour of the Superiority of the 
 Dupin tie .^M-Councils } and they were in tiie Right lb to do, becaufe this very 
 tiq. Difftrt.V.i^^^w of Martin V. was one of the Arguments made ufe of at the 
 P;4'7 -Council oi Baftl, to prove the Superiority of Councils over the Popes, 
 Pcfl/s/p 14. againft Eugene IV", who pretended, that, if Jie recall'd his Legates, 
 
 • the
 
 The Hljlory of the Council of Co n s t a n c e. 559 
 
 the Council o''' Bafil could no longer fubfift. Upon this Head, let us 1418, 
 h^nz John oi Segovia, a famous Divine at the Council cH Baftl. ' \tK^/°\r\J 
 
 * appears, fays be, from the Bull which Pope Martin publifh'd on the 
 
 * 2 2d oi Februayj, with the Approbation of the Council, that what 
 ' the Council hath approv'd, and what it doth approve, in favour of 
 ' the Faith, and tor the Salvation of Souls, ought to be approv'd and 
 
 * adher'd to by all Chriftians^ and that what it hath condemn'd, and 
 ' what it doth condemn, as contrary to Faith and good Manners, 
 
 * ought to be deem'd every where as lawfully condemn'd.' Inftead 
 of the Evafions and Q_uirks, which the Pope's Divines have invented 
 to get off of the Difficulty which this Bull of Martin has involv'd 
 them in, they would have done better if they had publickly difclaim'd 
 it. But which Way could they do this without fapping the very 
 Foundations of the Pope's Infallibility, when he pronounces ex Ca- 
 thedrd, and at the Head of a Council ? 
 
 The lecond Remark which I have to make upon this Bull, is, 
 that it does not therein appear that the Council at Conflance derives _ . 
 its Force and Authority from the Approbation of the Pope, of which 
 there is no Mention made in the Bull^ for, on the contrary, 'tis 
 formally back'd with the Approbation of the Council. Indeed Scbel- 
 fir ate lays, that, by Chance, and when he was looking for fomething elfe^ 
 he unexpeiledly met with another Bull, the Form of which is quite diffe- 
 rent from this ( 1 ), though it is of the fame Date, and relates alio ta 
 the Extirpation of the pretended Herefies of Wickliff, John Hits, and 
 the HuJJites. In this Bull, lb luckily difcover'd by Schelfirate, Mar- 
 tin V. Ipeaks of two Conditutions of John XXIII. made at the 
 Council oi: Rome agiinft PFickUff, John Hus, and Jerome o^ Prague -y 
 and he inlerts, verbatim, the Decrees of the Council of Conflance 
 againfl: the Propofitions of IVickliff and John Hus, and againft the 
 F.rror of the Bohemians, concerning the Communion in both Kinds. 
 Then the Pope declares, that, by the AfofloUcal Authority, and from ' 
 his own certain Knowledge, he approves and ratifies all the [aid Statutes 
 and Decrees, and that, hy his own Authority, he fupplies all Defers 
 that may happen to be in it. There are none of the Queftions in it: 
 which Martin V. would have put to Perlbns fliipedled of Herely, nor 
 in particular that relating to the Council of Conflance ; an Omidion 
 which feems to me extremely fulpicious. 'Tis very ftrange, in fliort, 
 that the Fathers of the Council oCBa/il, who drew up and approv'd 
 of the Decrees of the Council o'l Conflance, as they were afterwards 
 printed at Haguenau, fhould know nothing of this Bull found out by 
 
 (O Opportune omnino accidtt quod aliud rcpererim. Incidi namque praeter 
 pcivolvens hifce dicbus Regiftrum MSS. fpcm omnem in Bullam Mairini longe ib- 
 Vaticanorum Martini, aliud qusrcndo, peiiori devilam. Scheljirate Differ*. p.i^^ 
 
 3 Schelflrate^
 
 The Hiflory of the Council <?/ C o n s t a n c e. 
 
 Scheljlrate, but, in (lead of it, fhould meet with one that was quite 
 different. I thought mylelf the more obh'ged tofpeak of this Bull, 
 becaufe, before Scbelflrate mention'd it, 'twas not known to the Pub- 
 lick. Mean time, I leave my Readers to judge_ if it was not made 
 too late to anfwer the Purpofe, as M. Dtipin fulpects it was (i). 
 
 The third Remark to be made upon the Bull of Marti }i V. is, 
 that though it is chieHy levell'd at the Opinions of .Wicklif, John 
 Has, Jerome of Prague and Jacobel, yet it orders Interrogatories to 
 be made concerning fome Articles, upon which it does not appear 
 that thole Doctors diifer'd in Sentiments from the Church of /i'owi'. 
 The Reafon of it is, that there were at that time, in divers Parts 
 ai: Europe, great Numbers of People who diliented from that Church, 
 fome in one S'enfe, and fome in another ; and ALirtin V. has compre- 
 hended in his Bull all thole. whom he look'd upon as gone aflray, in 
 what Part foever of the World they livM. The Remains of the 
 Vaudois and Albigcnfes, whom the Inquilition had expeil'd from 
 France, were fcatter'd up and down in Italy, Spain, Germany, Bohe- 
 mia, Hungary, England, ^c. In this laft Kingdom, the Lollards (:), 
 a Branch of the {-FickUffites, made a very great Nolle at that time, 
 Collkrt'E.c- having at their Head the EtigUJij Lord Cobbam, better known by the 
 clefiaftical ]^^ame of Sir Jo^a Oldcaftle (;"), who was executed towards the Clofe 
 B''f^^5i)o/;rf of the Year 14 17, on Pretence of a Rebellion, but in reality for 
 jotyu. PFickliffitifm. On the other hand, the IluJJites of Bohemia were not 
 
 agreed among themfelves on the Subjeft of Religion. Some, who 
 were afterwards term'd Calixtins, from the Word Calix, that is to 
 fay, Chalice, only diifer'd from the Sentiments of the RomiJJj Church, 
 in declaring for the Laity's receiving the Communion in both Kinds. 
 The others, who were far more numerous, differ'd from that Church 
 almofi: in every thing. As far as I am able to judge of them by 
 their Confeffions of Faith, they came pretty near to the Sentiments 
 which jEneas Sylvius afcrib'd to the Vaudois (^). They were call'd 
 Thaborites from the Word Thabcr, which, in the Bohemian Tongue, fig- 
 gnifies Tabernacle or Tent, becaufe they encamp'd on a Hill near Prague, 
 which, for thai Realbn, was call'd I'babor. They alio alTum'd the 
 Name of Orphans, after they had loft Ziska their General. Nothing 
 can be more curious. to read than the Defcription which JEneas Syl- 
 vius has given of the 'Thaborites with whom he found Shelter from 
 
 ( 1 ) Mitto aufloritatem MSS. Vaticano- C4) Vide Confcflioncm Taborirarum 
 
 rum in quihus iftc reccntiori manu adjici ap. Lyd. Rottcrod. irtirt. j^n. Sylv. ubi 
 
 potuit. DHp.uhi fupr. p.418. fiipra, cap. 47. Set al/o Balbinns the ft- 
 
 (a) See AHa Regia, V'ol II. fuit 0/ Prague. Epir. rcrum Bohcmicarum, 
 
 (3) See the Hiftory of the Council of p. 4ii. JEn- Sylv. p. 41. 
 
 PJ/ij, Part II. p. 289, 254. 
 
 the
 
 The Hijlory of the Council <?/ C o k* s t a k c e. 2 4-r 
 
 the Robbers when he was Legate in Bohemia. 'Tis in his Juir.dred i^jl'. 
 and thirtieth Letter, After Air.cas Sylvius, the Jefiiic Ealbinus tells •w^'^v^"^^ 
 us, that the I'h^hon-es were well fortify'd in their ^;entiments by about: 
 forty Picarch, who arriv'd at Prague from Fyame in 141 8, with tiieir 
 Wives and Children, having at their Head one Picarcl, from whom 
 they took their Name (t). Neverthelels, tliey did not fubl'ft there 
 long, bccaale Ziska himlelf rooted them out. 'lis feid, that they 
 renew'd the extravagant Superltition of the Jdamites ^ that Picard 
 commanded them to go always naked \ and that he allow'd them to 
 marry the firft Woman they l:ad an Inclination to, without any other 
 Formality than the PermiUion of their Leader. In fhorc, there was- 
 ftill in Gcrtnany a great Number of Flagcllanrsj who entirely lapp'd the 
 Authority of the Church of Ro?fie, and who, in Ibme Articles, came 
 very near to the l^audois and the I'haborites. The Bull of Martin V. 
 has a RetrolpeS: thereibre to all thofe different Opinions ^ and 'tis 
 for this Realbn that, in the Fatican Library, there are Copies of 
 this Bull, wherein 'tis addrefs'd to the Prelates of feveral Kingdoms \ 
 particulajly thofe of Poland, Bohemia, England and Germany. Ha- 
 ving made this Digreffion, we mufl: now relume the Thread of the 
 Hiltory. 
 
 LIII. CO C PILJEU S, and after him ^sowV/j-, give an Account ffie Pop^.j 
 of a Letter which the Pope wrote to the great Men of Be hernia, ex- Letter to the 
 horting them to renounce Hufjitifm. 'Tis dated in March this Year > great Men of 
 and the Pope therein gives a very tragical Defcription of the Acts of^''^^'^"^ 
 Violence and Outrage, which the //>^/^/« committed over zlX Bohemia. '^ -^.^^ '■ 
 
 * The Images, /?/jy^ he, of Jedis Chrift, the Virgin, and other Saints, " " 
 ' are there broke in Pieces, burnt, and fliamefully foifd. All the 
 
 ' Church Ceremonies are trampled under Foot, the Clergy are robb'd, 
 ' imprilbn'd, made to endure a thouland forts of Puniihraent, and, 
 
 * while Perlbns excommunicated are maintain'd with open Force, the 
 ' Believers are cruelly perfecuted. The Feftivals of John Has and 
 
 * Jerome of Prague are celebrated. The Communion in both Kinds 
 
 * is every where adminifter'd, and even by Laymen, in fpite of the 
 
 * Decrees of the Church, againft which trifling Conftitutions are 
 ' publifli'd. In a word, the Church never fiiffer'd a more barbarous 
 ' Perfecution under the Pharaohs and the Neros.^ After this horri- 
 ble Pifture, the Pope exhorts the Bohemians to return to the 
 Pale of the Church z, and he reprefents to them, that though they 
 
 (0 Some fay this; but other.';, that x\\fi.ts Weaver. Upon this, itc JEneas Syl- 
 
 tlicy were (b call'd becaufc they came from fiKJ'sFJillory oi Bohemia, cap. 4.1. Theobald. 
 
 Vicardy. Some think they were fo deno- Bell. }lt4Jjit. cap 55, 51 Giles StritHch. 
 
 minated by Corruption of the Word Be- Differt. de H'aldenjib. B!atif-bre\ D fl'ertation 
 
 gards; others, inline, derive the Name u^on the Adamites. Bihlioth.German.T.iy. 
 
 from the old Picardefe \^^ord, wliich fig- Art. III. 
 
 Vol. II. H h have
 
 242 The Hiflory of the Council <?/ Co n s t a n c e. 
 
 141 8. have not yet been profecuted with that Severity which their Rage and 
 U^'V^W Impiety deferv'd, it was only in Regard to the Emperor, to the King 
 of Bohemia, and to a Kingdom which had ahvays appear'd fo faithrul 
 to the Church. But at the fame time he threatens tliem with all 
 the Severity of the Laws, and of the Secular Power, if they do not 
 improve by this charitable Correffion. 
 The Pope LIV. The Minds ofthe People were too much inflam'd, and Mat- 
 fends a Le- (.gj.g ]-jaj jjgg,^ pufh'd too far in Bohemia, to hope for any good Effett 
 gate to Bcje- ^-^^y^^^ ^^ Menaces or Exhortations. The Execution oijohn Hus and 
 'Jerome of Prague, added to the Excommunication of the Bohemians, 
 had incens'd the greateft Part of the Kingdom againft the See of 
 Royne, and againft the Council of Conftance, vvhofe Decrees and Let- 
 ters only added Eewel to the Fire. And it was in vain that Martin V, 
 not content with his Bull and his Brief, did afterwards lendrjoSw 
 Dominic, Cardinal of St. Sixtus (i), ofthe Order of Preaching Friers^ 
 his Legate into Bohemia and Hungary, to reclaim the HiiJJites ; for 
 this Prelate was obliged to return back re infecld, and wrote to Sigif- 
 nayn. 1418. monci and the Pope, that the Tongue and the Pen were no longer of 
 n-ix- any ufe^ and that, without any more ado, it was high time to take 
 
 Arms againft fuch obftinate Hereticks. The Emperor, however, was 
 loth to proceed to this Extremity fo foon, notwithftanding the vio- 
 lent Meafures which Gcrfon had prelcrib'd to him the Year before. 
 After the firft Diforders of the Year 14 17, tht HuJJites lay ftill, and 
 made no frelh Attempt, in hopes that the Council, being alarm'd at 
 the Noife which this Aftair made in Bohemia, would enter into milder 
 iheoUll cap. Refolutions with regard to them. But being deceiv'd, they refolv'd, 
 23. at laft, to take Arms for the Defence of their Religion and Liberty i^ 
 
 and, on the <:th of Jpril, 14 18, they repair'd to the Caftle of IVif- 
 grade, to confult what Meafures were proper to be taken at this Junc- 
 ture. There it was that they reiblv'd to depute Nicholas Lord of 
 HiiJJinetz, who had been the Proteflior of John Hus, to King PFen- 
 cejlaus, to intreat him to grant them more Churches than they had, 
 becaule their Numbers increas'd every Day. The King was very 
 much alarm'd at this Demand ^ but as he was afraid of being com- 
 mitted to Prifon the third time, he fet a good Face on the Nlatrer, 
 and bad them come again in three Days to know his Relolucion. 
 Mean time, having fent Woi'd to Nicholas, 'That he was ttvifting a 
 Rope which would ferve to hang him, Nicholas, that he might aft with 
 more Safety, withdrew from Prague into the Country, where his Party 
 increaled every Day. Not many Days were expir d when thQ King 
 fent Word to the Hujfites, by one of his Counfellors, that he wilh'd 
 
 (1) As for this Gardiual, fee the Hiflory of the Council of !>(/<«, Part I. p. 195, 
 
 them
 
 The Hipry 9f the Council <?/ Co n 
 
 STANCE. 
 
 them very well •, but that, as a Proof of their Obedience, he required 
 that they fhould bring their Anns to the Palace by fiich a Day, and 
 Jay them down at his Feet. Tlie Magiftrates, who were HuJJites for 
 the major part, were in a fad Confternation at this News, In cale 
 they ret'ulcd Obedience, they had every thing to fear from the King's 
 Relentmenf. Hut, on the other hand, they plainly forelaw, that if 
 they caiis'd fuch an Order to be put in Execution, the People would 
 infallibly rife in Arms to fopport the Caufe of the Huffitcs. Ziska^ 
 talking with feme of them one Day, gave them a Piece of Advice 
 which extricated them out of their Difficulty. Ton are very flly^ 
 fays he, to he fo much alarm' d. I knozv the King better than you do \ 
 he will be fo pleaj'ed to fee yoH "jery fprtice and ivell ami' d, that he 'will chafe 
 rather to make you a Prefent of your Arms, than to take any from you j 
 and whenever you are difpofcd to go to the Royal Palace^ I am ready to 
 be your Leader. Which was no Iboner faid than done j for on the 
 15 th qH April, the Hufites went well arm'd to the Palace, with Ziska 
 at their Head, who was at the fitme time General and Speaker of 
 the Aflembly. Behold, here we are in Arms, fays he to the King, 
 in Obedience to your Majefty's Orders, and ready to fpill the lafl Drop 
 of our Blood againjl your Enemies, provided we did but know them. The 
 King, charm'd with Ziska's Courage and Refo'ution, lent them home 
 again in Peace ; and Ziska, on his Part, having thereby acquir'd the 
 entire Confidence of the People, began to put thofe Defigns in Exe- 
 cution, which he had been for many Years contriving •, and the many 
 tragic Scenes, with which Hiftory is full, now began to open. 
 
 LV. About the End oi" February, the Emperor fet out for 5^y?/, TheEmperos 
 with a Defign to Ipend fbme Days there, yet he took the fame Rout ■'S'^"" ^'^"^ 
 back again the next Day after he let out ; but, according to Dacher, ^f''^ ^^^^^ 
 the true Reafon of it was a Secret. Stumphius pretends, that Sigif- x iv p. ' 
 mond was taken ill upon the Road, and therefore obliged to return to 153 1. 
 Conflance ; but Dacher, who was an E^ye-witnefs of thofe Things, 
 fays, that 'twas not till his Return that this Prince was obliged to 
 take to his Bed for a Pain in his Foot : Therefore I fhould be apt to 
 fufped, that what obliged the Emperor to go back again, was the 
 Quarrel between the Poles and the Pope about Falkcnbergs Book j 
 which the Poles wanted to have condemo'd, but Martin always re- 
 fufed it, though the Commiffioners in that Cale had determin'd that 
 the Book ought to be condemn'd in a publick Seilion. What Air 
 foever the Emperor put on, 'tis certain that he was dilgufted with 
 Martin V, as well as all the Nations, except the Italians. This Pope 
 began to tread in the Steps of John XXIII, and to amufe the 
 World with Shifts and Excules-, (b that if the Council had not been 
 weary with fitting fb long, the fame Scenes perhaps would have turn'd 
 up with regard to this Pope, as had been reprelented with regard to 
 
 H h 2 the
 
 244 "^^-^^ Hijlory of ?/^^ Council c/ C o n s t a n c e. 
 
 i^i8. the three other Pontiffs. Be that how it would, the Ambafiidors of 
 \^-\r^^ Poland, pci'ceiving that, in the Synodical Letters which the Pope 
 . , , , lent to the Inquifitors of the Faith in that Kingdom, he made no 
 Glofeof F«- mention of Faikenbergs pernicious Book, declar'd, that they were 
 Iruary. rclolv'd to appeal to the next Council, 
 
 The Pope LVI. Mean time Martin V, as John XXIIT. did before him, 
 
 e^" '^^'5. ^ cndeavoiir'd to gain over iS'/^Z/^^o.^/ by Prefents and empty Plonours. 
 
 to sigifmonl^^'^ the fth oi" March, the Pope folemnly confecrated ,the Rofc of 
 
 March 6. Gold, which he fliew'd to the People with great Ceremony, and at 
 
 Kthhnthdl. the iame time gave them his Bleflfing. The Cardinals, Archbifliops, 
 
 Bifhops, Electors and the Princes, accompany'd by an incredible 
 
 Multitude of People, prefented it to him, with great Pomp j and, in 
 
 order to receive it decently, he cauled himfelf to be ieated in a 
 
 Throne, where he took it, with very great Devotion, in Siglit of ait 
 
 the People. 
 
 See Vol. I. We have already ktn this lame Emperor accepting the Golden 
 
 p. 122 Role from /ofe XXIII. The Canon Lawyers have been at a great 
 
 Boriannti^it- j ^ of Pains to fliew us the Origin of the Golden Rofe. Theophilus 
 
 Tntlm. pontine. ,i, ir- n/- ^t-i'- 
 
 T.II. p^yo R(^yniiud^ who has treated Oi it exprelsly, lays, that this is a very 
 45)1. ancient Cuftom in the Church, and that 'tis not ealy to trace the 
 
 Antiquity of it, nor to dilcover who was the firft Author of it. Some 
 fay it was inftituted in the fifth Century, others in the ninth} but 'tis 
 certain, that the Popes had been long accuftomed to conftcrate a Rofd 
 on the Sunday L^etare Hierufalem, three Weeks before Eaftcr. I Icarnj 
 S^ortd. Ann. from Henry de Sponde, that Peter dc Blois, who was celebrated in th^ 
 £.ccl. Part twelfth Century, makes Mention of this Cuftom, and gives myftical 
 ah. p 441, Reafons for it in fome of his Sermons. James Piccart, a Canon of 
 mlmiiiamiie ^'- f^'"°^ ^t Paris, in his Notes upon the Hiftory o{ England, written 
 yevihourgh, . by William of Nezvhourgh about the End of the fame Century, gives 
 LibJU, cap. us the Extra£l: of a Letter from Alexander III. to Leicis the young 
 4- P- 753' ')s!\v^%di France, when he lent him the Golden Rofe. In Fmltation^ 
 fays this Pope to the Monarch, of the Cujlom of our Jncefiors^ who 
 carry'd a Rofe of Gold in their Hands upon Lsetare Sunday, 'we thought 
 •we could not prefent it to any body ivbo better deferv'd it than your Ex- 
 cellence, by reafon of your extraordinary Devotion to the Church and 
 eurfehes, . 
 
 The fame Author tells us of a Sermon which Innocent IIL 
 preach'd the lame Day upon the Myftery of the Golden Role, 
 wherein the Pope faid, that this Rofe ivas compofed of Gold, Musk 
 and Balm, and that the Musk added to the Gold, by means of the Balm, 
 reprefents three Siibflances in Jefus Chrifl, viz. the Divinity, Body and 
 Soul I have not fzzn any Author who explains himfelf more fully 
 ypon the myflical Reafons. of the Golden Rofe, thaa PVilUam Durand^ 
 
 a School
 
 The Hijiory of ^/;r Council c/ C o n s-tan ce, 245 
 
 a School Divine of the Xllldi Century (1). « On that very Day^ 1418. 
 ' fays he^ when we enter Mid-Lent, the Pope, ns ]ie goes to Cliurcii ^-.-Az-n. 
 ' and returns from it, carries a Rofe of Gold, which he flievvs to all 
 
 * the People, to encourage tliem to bear up under the Aufterities of 
 
 * Lent. For all that Day is fet apart to Joy, of which the Rofe is- 
 ' an Emblem, both for its Colour, Smell and Tafte j its Colour in- 
 
 * fpiring Joy, its Scent giving them Pleafiirc, and its Tafte being 
 ' flrengthening. This Role, in the Pope's Hand, denotes the Joy 
 
 * of the Children oi Jfracl, at the fight of their Deliverance from 
 
 * the Captivity 0^ Babylon. After having confecrated the Rofe, the 
 ' Pope makes a Prefent of it to fome one orotJicr of the greateft No- 
 blemen then at his Court, ^r.' Andreiv Dti Chefne tells us, th-iX Andnw T\u 
 
 anu W....W ^...... — -- --Q — — — .._, — ~j J. .^ _/-"■- ^■^"1^-' '"n. 
 
 ^eens and Princeffes. From what has been now laid, it appears 
 that, what was at firft no more than a religious Ceremony, became in 
 Procefs of Time, an Act of Authority, by which the Popes, when 
 they gave the Golden Rofe to Sovereigns, acknowledged them forfuch, 
 while thofe Princes, on their Part, were fend to accept this fort of 
 Homage from the Pope, though, in the main, they had no Need of 
 it. We find, in the Hillory of the Reformation o'i England^ that 
 Htnry VIII. gladly received it from the Popes Julius II, and 
 Leo X, whole Yoke he afterwards publickly llxook of Having made 
 this Digrefilon, we will rellimc tlie Thread of the Hiflory. 
 
 LVII. Some Days after this, the Pope affembled a Confiflory,M<l-f/»v.fi(r- 
 to hinder the Poles appealing from his Judgment to the next Council, dares that ft 
 as they had form'd a Defign to do. He therein ilfued a Conflitution, '' ""^ I'wful 
 Ad pa- pet nam ret memoriam, whereby he declares. That it is not /jtc.--}-''^,^"^^' ' 
 fid for any Per fori to appeal from the Sovereign Judge , that is to lay, Pope's Jud"-, 
 ibe Apofiolical See, or the Roman Pontiff , who is the Vicar of Jefus meat, ^ 
 Cbrijl upon Earth, nor to difpute- bis Judgment in Matters of Faith^ 
 
 (i) In !iac Dominica Rorasn. Pontif. temperata Isviii-; fa.focatur, juxra iliud, 
 
 cclebraturus ad Ecclefiam pcrjens & re- Ititerpone tuis iaterdum eaitdia ciirii, ho- 
 
 dicns auream in manu fub adfpeftu po- dicrnum namque ofRcium tota I;»titia ole- 
 
 puli fcrt rofam. Circa quod duplex in- num eft & in omni vcrborum claufula io- 
 
 I'jrgit ratio : una fecundum L'teram, altera cunditas exuberat, gaudium refonat, hi- 
 
 fecundumfpirituni.Sanc/fecundumliteram; laritas inculcatur. Tria itaqvie reprxfentat 
 
 ne fidelis populus propter quadragcfimalii dies ilia ; fcil. caritatcm polt odium — gau- 
 
 obfervantiss afpcritatcm fub continue labore diura port triftitian: — -Sc fatietatera poll 
 
 deficiat, quia quod caret alterua rcquie famcm, qucetria pavltcr dcfi£;n;;ntur in tri- 
 
 durabile non eft, idco in hac mcdiana bus proprietatibus Iiuju? floiis. KatioKal. 
 
 Dominica Quadragefimoe quoddam re- D/w». O^;. Lib. VI.' Fol l£.l. 
 crcacioiiis iblatium intcrponitur ut anxictas 
 
 "jjhick..
 
 24^ The Hijiory of the Council <?/ C o n s t a n c e.' 
 
 1418. lohich, like greater CauCeiy ought to be refer r''d to his Decifton. Gtr'' 
 l.y^v'"NJ fan fpeaks of this Conftitution in his Apologeric DiaJngiic, wherein he 
 Gcf/. T II. declares ic to be affirm'd, by thole wlio have lecn ic, that it tends to 
 p. 590, bot- ^^ijj^gy fijg entire Authority^ not only of the Cvunctl of Piia, but of 
 Ccnftance, and to render all that thofe Councils have done null ana void^ 
 either in eleUing a Pope or in rejetling Intruders. 
 Gerfon con- LVIII. This was what gave him (Jcccafion to compofe a Tra£l 
 futes the towards thehircer Knd of the Council, whereni no c^ixm-.ncs, whether^ 
 ftitution 't ^^^^ ^f^ zvbat Ca:e, 'tis lawful to appeal fr: /n the Ju'i-jmeni of the Pope. 
 ir. p. 505. To this Conftitution of the Pope, he oppofes the Decree of the Vth 
 V. tl. Hardt, Scflion of the Council ofConfance, which imporceJ, thait every Per- 
 TJV. p.98. (on, of what Dignity foever, though Papal, is obliged to obey this 
 Council in Matters relating to the Faith, to the Extirpation of the 
 Schilm, to the Refornrition erf the Church in its Head and i\ '"embers 5 
 and that whoever Ihali dilbbey, though he be a Pope, Ihall be punifh'd 
 according to the Laws. To this i decree of the Council, Gerjon adds 
 feveral Arguments to prove that 'tis lawful to appeal from the Judg- 
 ment of the Pope. The rtrft is drawn from chote Words of Chap, xvii* 
 of St. Mattheiv, If thy Brother pall trefpaH againjl thee, tell it tmtd 
 the Church \ and if he negleH to hear the Church, let him be unto thee 
 as a heathen Man., and as a Publican. Which, fays he., has a View to 
 the Pope, as well as to the reft of Mankind j beeaufe that, beHdes his 
 not being infallible, he is our Brother ana >ur Neighbour. The fe- 
 Cond Argument is drawn from tlie CenlLire which St. Paul addrelfes 
 to St. Peter, the Sovereign Pontiff of the Church, though Herefy is 
 not the thing in Queftion, but mere DilTimulation. J" rom whence it 
 follows, that every Doftor of the Church, having a Right to be con- 
 fider'd as St. Paidh Succeflbr, may reprove the Succelior of St. Peter ^ 
 even though he were not a Heretick. The third Argument is, that 
 the Pope, being a Member of the Body of the Church, as well as 
 other Men, if it was not lawful to appeal from his Judgment, it 
 would from thence follow, that if he fhould happen to feandalize tlie 
 whole Body, it would not be lawful to cut him off; which is 
 contrary to the Dodrine tliat Jefus Chrift has taught in the fame 
 Chapter of St. Afaitbeiv. The fourth, that if it was not lawful to go 
 from the Pope's Judgment, St. Peter would tiave been under no Obli- 
 'j&s xi. 25. gation to give an /vccount to the Apoilles ;ind the Biethren of the 
 Vifit he made to Cornelius, who was a Gentile. Which he did never- 
 thelefs, thereby giving his SuccefTors a Pattern of Humility, which 
 'they arc obliged to follow. The fifth, that finco the Pope may hap. 
 pen, as well as others, to do a Pcrfon an Injiiry, either in Reputa- 
 tion, or with regard to his Faith, it would from thence follow, that 
 the Pcrlbn, to whom the Pope has done the Injul^ice, could never 
 juftify himfelf, which is contrary to the natural Law, to wiiich the 
 
 Divine
 
 The Uifiory of the Council (5/ Constance. 247 
 
 Divine Law is not oppofite. Siippofe, for inftance, (ays Gerfon, that 1418. 
 any one preaching before the Pope, and before all the People, that L/'VNJ 
 Jefus Chrifl: is a true Prophet, the Pope fhoiild take it into his Head 
 to commie the Preacher to Prifon, for having preach'd this Truths 
 would it not be lawful for this Preacher to appeal from him to a 
 C >un.-il, for tear left the Judgment of the Pope fhould engage the 
 People to abjure the Chriftian Religion? The fixth Argument is, 
 that it would follow from thence, that the Pope could not be depoicd 
 in any cale, how criminal and icandalous foever, which neverthelels 
 is contrary to the Practice of the Council of Pifa^ and that of Con- 
 Jlance. Ihe fevench is, that it may be inferr'd from thence, that a 
 general Council is not fuperior to a Pope, which is alio contrary to 
 the Practice of the Council oi" Corijiance, which did not proceed to the 
 depofing of 7o/;« XXIII. till this Article had been unanimouOy re- 
 folv'd on. As to the Objeftion, that a general Council is not above 
 the Pope but in Cale of Herefy, becaufe, in fuch Caie, the heretical 
 Pope cealeth to be a Pope, is actually depofed ipfo fa&o, and becomes 
 the lovvefl: of Men, Gerfon makes Anlwer, i. That 7w^/; XXIII. 
 wa'5 depofed without being accufed or convided of any Merely, which 
 is plain, becaufe, till he was depofed, the Council always held him 
 for true Pope. 2. That 'tis not true that a Pope is ipfo faSio depoftd 
 as loon as he is a Heretick, elpecially if the Herely be lecret, any 
 more than the other Bifliops. 3. That this Maxim, that a Pope or 
 Biiiiop is ailually depofed as foon as he is heretical, is liable to very 
 d.tng-rou Confequcnces, becaufe it would render all the Ecclefiaftical 
 Polity uncertain, as well as the Adminiftration of the Sacraments, 
 // favours, fiiys he, the Herefy of Wickliff, ivbich chiefly conftfled in 
 faying-, that a Pope, a Bifljop, or a Prieft, does not confecrate when he 
 is in a Staie of deadly Sin ; and the Council has only condemn' d this Herefy- 
 upon this Foundation, that though the Crime of Herefy obflinately main- 
 tairid renders a Pope -worthy of being depofed, hoivever he is not deem'd 
 to be depofed till tbr/e be a 'Judgment in due Courfc of Laiu. From? 
 thence he proceed', to take Notice of Ibrae Inconveniences which, 
 would arilc from Martin V's Conftitution, and which, he lays, this 
 Pope nim(i.'lf would not be rccoincifd to. For inftance, it might froms 
 thencv' be infeirVl, that John XXII I. is ftill a Pope, that Martin V, 
 was illegally cholen, at^d, that Sigfmond was illegally conlirm'd Em- 
 peror. Finally, Gerfon proves, by eight Propofitions, that there is a 
 Nv-ccfTity for appealing fom the Pope's Judgment in Matters of Faith, 
 bec.'.ufe ths Pope is not infallible ^ and that the Popes and their Courc 
 are ftldom in a Capacity of judging fo well of thefe Matters as the 
 Dottors, who have ftudyVl the Scripture. Thele arc the eight Pro- 
 pofitions. I. In Matters or Cafes of Faith, 'tis neceifary that the 
 Pccrecs be founded upon an infallible Rule. 2. The Catholick. 
 3 Church,,
 
 243 -The Hijiory o'ftbe'CoVitidl c/ Constance. 
 
 •T,|i:^. €iun-ch, or the Coiincii wlrch reprefents it, is' the oriiy'inrallible 
 U^'V^'VJ Jud^c, that is nor capable of erring in the Faith. ^. No private 
 ■Man can render a Propo'ition heretical which is not fo, nor make a 
 Propofition Catholick which is UncatholicL Confequently, to ipeak 
 properly, neither the Pope nor any Bifliop can render a Propolition 
 •heretical ; but yet they mr.y declare a Propofition heretical which 
 .does not appear fnch to fome, with this Diiierence, that the Decla- 
 ration of a Pope extends to all Believers, whereas that of a Bifnop is 
 •confin'd to his Diocefe. 4. The IJeciTon of a Biihop, and alfo of a 
 -pope, fingly and confider'd as a BiJhop or as a Pope, does not 
 'Oblige the' Faithful to believe, that what they have decided is a 
 ^ Truth of Faith, becaufe every Pope, as well as every Bifliop, may 
 • err in the Faith. But, however, the Faithful are oblig'd, upon Pain 
 of Excommunication, not to difpute againft this Decifion, unlefs there 
 appears to be a manifefl: Reafon for oppofing it, either in tlis Floly 
 ■Scriptures, or in fome Revelation, or from the L'etermination of the 
 Church in a general Council. 5. As in Caufes of Faith, 'tis allowable 
 to appeal from the Judgment of a Bifhop to that of a Pope, becaufe 
 ^the Biihop may err in the Faith > for the very fiime Reafon, 'tis al- 
 lowable to appeal from the Judgment of a Pope to that of a Council. 
 And there's the more Reaibn for it, becaufe often, at the Court of 
 Ro'itie, there are not fb many Doctors of Divinity as there are in 
 other Places where there are Univerfities. 6. In Matters of Faith, 
 a Caufe is calfd Major ; not for the Importance of the Matter, as if, 
 for example, the Trinity was the Cafe in Queftion, but becaufe 'tis 
 ■,y<.r. 8— 12. difficult and ambiguous, as appears from the xviith Chapter o'l Deu- 
 • Vcr. i5. icronouiy, and the xviiith 0^ Exodus. And the Canons are grounded 
 upon thefe Paffages, when they fiiy, that the Judgment of the major 
 Caufes of Faith appertains to the JpoJioUcal See. 7. A Caufe may be 
 deem'd Major in a Diocefe, and, for that Reaibn, referred to the Pope, 
 which will not be fuch in another Diocefe, where there may be more 
 Doftors capable of deciding it. 8. 'Tis no lefs neceflary, that a Bi- 
 fhop, a Pope, or a Council, fhould obviate certain pernicious Scandals 
 and Maxims, tending to the Deftruftion of Chriftian Society, which 
 is founded upon the Obfervation of God's Commands j particularly 
 Ufury, Theft, Adultery and Murders, committed by private Perfons, 
 and without publick Authority. 'Tis no lefs neceffary, fays Gerfon, 
 to obviate thofe Scandals, than to check Errors, contrary to any of 
 the Articles of the Apoftles Creed ^ and when thole Cafes are the 
 Matters in Queftion, 'tis allowable to except againft the Judgment 
 of him, who, with his Council, wanders from the Faith in theie Ar- 
 ticles, or who renders himfelf fufpefbed of Diftimulation, or of too 
 fifreat Indulgence. Gerfin concludes this Trail with a Proteftation 
 that he did not compoie it with a view to give Offence to any Perlbn, 
 
 much
 
 The Hif^ory of the Council of Con s t a n c e.' 249 
 
 much Ids to Martin V ^ and that he knows very well that 'tis not 141 8. 
 lawful t5 appeal from the Judgment of the Pope upon every Occafion, VV'S,?, 
 buc only when he departs from the Faith, or ads with notorious 
 Partiality. But^ fays he, // will lie in the Pope's own Potver to fecure 
 himjelf againfi fuch Sufpicions^ he has nothing to do but to repair his 
 fFords by his Actions, and feverely to condemn of his own accord, and 
 without being follicited, the pernicious Book of John de Falkenberg, and 
 all thofe of the fame Stamp, zvithout any refpecl of Perfons. I know 
 not whether the Pope knew any thing of this Piece of Gerfon, but, 
 however, he ftill drove on his old Pace, without regarding any Op- 
 polition of this Kind, which in reality was too late, becaule he had 
 been already fulfer'd to aiilime too much Authority. As he was in 
 halte for difmifling, the Council, he held the XLIlId Seflion on the 
 2 ill of March, wherein he publilh'd fome Decrees concerning tiie 
 Reformation of the Church in its Head, by which he pretended to 
 do every thing that could be required of him. 
 
 LIX. The hmperor was not prelent at this Seflion. 'Tis natural SESSION 
 to imagine, that, being acquainted with what was tranfaded in it, Fortv 
 hs was uneafy to lee that the Reformation of the Church, which was ^ '^|\°- 
 the principal Bufinels of the Council, turned to lb little Account, and y j j^^^jf 
 that it had been obftruded by precipitating rhe Eledion of the Pope, T. IV. p. * 
 contrary to his Intentions. Martin V. therefore caufed fome Conlli- 1^53- 
 tutions to be publiih'd concerning Benefices, and the Habits of the 
 Clergy. The firfl revokes all Exemptions granted by the Popes, or 
 thofe that call'd themlelves llich fince Gregory XI, to Churches, Mo- 
 nafteries. Chapters, Abbeys, Priories, and other Benefices, Places and 
 Perfons Eccleliaftical, without the Confent of the Ordinaries, and 
 without Knowledge of the Caule, except the Exemptions granted in 
 favour of a new Foundation, or to Univerfities ; and the Pope en- 
 gages not to grant any Exemption without Knowledge of the Caule, 
 and without having heard the Parties concern'd. The fecond ordeis 
 a frelh Examination of the Unions and Incorporations of the Churches 
 and Benefices granted by the lame Popes fince Gregory XI. The 
 third relates to the Revenues of the vacant Churches, which he for- 
 bids to be apply'd to the Profits of the Pope, or the Apofliolical 
 Chamber, it being his Will that the fame be dilpofed of accord- 
 ing to the Law and Cuftom, and according to the Privileges of 
 Benefices. The fourth is againft the Simony which is committed in 
 Ordinations, Eleflions, Poftuiations and Collations. The Pope orders, 
 that all who are elected, confirmed and preferr'd by Simony, ahall be 
 obliged to reftore the Benefices acquired by this Method ; and that 
 berea ter fuch as fhallgive or receive Money for fuch Caules, ihall be 
 ipfo fatlo excommunicated, though they were Popes and Cardinals. 
 The fifth relates to Difpenlacions. It makes void all the Permhlions 
 
 Vol. II. I i which
 
 J 50 The Hljlory ef the Council of Constance. 
 
 141 8. which the Popes had granted to pofTefs the Benefices that require one 
 of the facrcd Orders, without being obliged to receive it, and com- 
 mands, that they who are in that Cafe, Ihall receive the Orders, or 
 be tiirn'd out of their Benefices. In the fixth, the Pope forbids the 
 impofing of the Tenths, or other Burdens, upon Churches, or Ec- 
 clefialticai Perfons, unlels it be for Ibme great Advantage, or pref^ 
 ling NeceflFity which concerns the CathoHck Church, by Confent of 
 the Cardinals and the Prelates of the Places^ and the Pope obliges 
 himfelf not to raife the Tenths upon the whole Clergy, but in the like 
 Cafes, and without confulting the Prelates of the Places, as well as 
 not to canle thole Levies to be executed but by Ecclefiafticks. In 
 the feventh, he renews the Laws concerning the Modefly of the 
 Clergy, who, as appears by this Conftitution, went generally in a Lay 
 Habit, or, at leaft, one that was very much lecularis'd, and per- 
 form'd the Divine Office with thofe Habits under their Surplice (i). 
 The Pope orders, that whoever Ihall be caught performing the Holy 
 Office in fuch a Condition, ihall be deprived of one Month's Revenue 
 for every Offence, and that the fame ihall be apply'd to the Repairs 
 and Maintenance of the Church. In the Eighth, the Pope decrees 
 and declares. That by the prefent Statutes, as well as by the CvncordateSy 
 ivhich he has tnade "with each Nation, and which are to be regifler'd in 
 his Chancery, where any Perfon raay be at Liberty to take Copies thereof, 
 fign^d by the Fice-chaneclhr, he has cor/iplfd with the Articles of the 
 Reformation, containd in the XLth Sefjion. This important Decree 
 we ihall here infert verbatim. ' We decree and declare, with the 
 
 * Approbation of the Council, that we have comply 'd, and that we 
 
 * do comply with the Articles of the Reformation contained in the 
 
 * Decree of the 30th of OHober^ 141 7? ^y the Decrees which have 
 ' juft now been read in this Seilion, as well as by the Concordates 
 
 * we have made Vi^ith each Nation in particular, which we require to 
 
 * be regifter'd in our Chancery, to the end that any Perlbn may have 
 
 * Copies thereof in due Form, and fign'd by oiir Vice-chancellor. 
 Remarks LX. Let US compare this Decree with that of the XLth Sefl^on 
 upon this which was held the 50th of October, in order to lee the Difference. 
 Seffion. Q^ jj^g eighteen Articles contain'd in the former Decree, there are 
 
 but fix that were fettled in this laft Seflion, 'viz. that of Exemptions, 
 that of the Unions, that of the Revenues during the Vacancy of Be- 
 nefices, that of Simony, that of Dilpenlations, and that of the Tenths. 
 There is no Mention neither of the Number, nor of the Quality and 
 Nation of the Cardinals, nor of the Refervations of the Court of 
 
 (0 As to the Habits of the Clergy, fee KiciarJ Simon Bihiicth. Critique^ T. III. 
 p. 522. 
 
 Rorney
 
 The Hijlory of the Council <?/ C o n s t a n c e. 251 
 
 Rome^ nor of the Annates, or common 2X\^ petty Services^ nor of the 14 iS. 
 Co'Iations to Benefices and Rcverfions, nor of the Caufes to be try'd L//S<'''*SJ 
 at the Court of Rome, nor of Appeals to the laid Court, nor of the 
 Offices of the Chancery and Penitentiary, nor of the Commendams, 
 nor of Alienations, nor of the Cafes wherein the Pope may be cor- 
 rected and deposed, nor of the Provifion for, or Subfiftaiice of tJie 
 Pope and Cardinals, nor finally of Indulgencies. 'Tis true, that 
 diole Arcicles were agreed to by the Concordates, which Martin V. 
 made with each Nation in particular, except that relating to the Ca- 
 fes in which a Pope may be corrected and dcpos'd, of which the new 
 Pope would not hear any Mention, But in the firlt Place, thofe 
 Articles were agreed to in a manner very advantageous to the Pope, 
 becaule nothing was therein refoini'd but the exceflive Abuies com- 
 mitted during the Schilm, as if there had been no Complaint made 
 of the XJfurpations of the Popes, and of the Dilbrders of the Court 
 of Rome and the Clergy long before the Schifm. Moreover thefe par- 
 ticular Concordates are not conformable to the Decrees of the XLth 
 Seflion, which order, that the Pope who fliall be ele^led, ihall reform 
 the Church in its Head and in its Court, by Concert with the Coun- 
 cil, and with its Deputies that Hiall be chofen out of .each Nation, 
 becaufe the Nations taken apart do not form a Council. Perhaps 
 Martin V. thought to compenfate this Defefl: by his Decree touching 
 the Decency of the Clergy's Habits. There were at that Time fome 
 Perfons who were of opinion, that this was Jlraining at a Gnat, and 
 fwalloiving a Camel Meantime all thele Conflitutions of the XLIIId 
 Seflion carry the Council's Approbation with them, facro approiante 
 CoHcilio \ and as fbon as the Cardinal de St. Mark had read it, 
 the Cardinal de Viviers declar'd, by Order of the Council and of the 
 Pope, ' That all the Decrees now read, were agreed to by the Na- 
 
 * tions, as well as the Concordates which the Pope had made with 
 
 * each of them. That the Nations agree that by this Means the 
 
 * Decrees concerning the Reformation are comply'd with, without 
 
 * pretending however that the Concordates of one Nation are preju- 
 dicial to another '. Neverthelefs this Agreement of the Nations 
 
 and of the Council, pronounced by the V ice-Chancellor, could not 
 be deem'd very clear, and mufl have been pals'd rather by Force than 
 free Choice, for all the MSS. of Brunf-wic, Leipftc, Gotha^ and IVol- 
 fembiittelj after the Words, by Order of the Synody and in the Name 
 of the Nations, add thefe as he hath affirmed. DE mandato i3 'vohmtate r. d Hardt, 
 diPJ Domini noflri Papcs ac Synodi pr^di^orum eorundem noniinilus, tit T.IV. p. 
 afferuit, refpondit in banc modum. Be that as it will, this v",as the ^'^■^°- 
 Uplhot of this great Projcfl: for the Reformation of the Church in its 
 Head and Members, which was one of the principal Motives for calling 
 
 I 1 1 tlie 
 
 <
 
 2 53 Th^ Hipry of the Council of C o n s f a n' c e". 
 
 1418. the Council, and which fa many Prelates and other Perfons had taken 
 XysT^ io much Pains to form. 
 
 I'anta molis erat Romanam condere gent em ^ 
 
 The Pope LXI. NOTHING was tranfafled of much Importance till the fol- 
 cclebrates lowing Scflion. Martin V. folemnis'd Holy ThurfcUy by feveral Cere- 
 ^^'' I hit it "^o"'^s which the Popes ufed to obferve upon that Day. At Break 
 T. IV. p. ' of Day he cloathed twelve poor Men in white, and gave them 
 IJ4I. Gowns, Cowls, Girdles and Sandals, like as if they had been Monks. 
 
 At Seven a Clock he publifh'd in the Epifcopal Palace, in Prelence of 
 the Emperor and Cardinals, a Bull of Excommunication againrt the 
 Pagans^ Hereticks and Schifmatitks, againft the Greeks^ againft the Jeivs^ 
 againft Peter de Luna, and in general, againft all that -were fallen from 
 the Church of Rome, as well as againft falfe Coiners, and againft For- 
 gers, who counterfeit the Bulls and the Seal of the See of Rome. 
 There are two Remarks to be made here j one, that the Mahometans 
 and Turks are undoubtedly included among the Pagans according to 
 the Stile of that Time ; the other, that the HuJJites are not mention'd 
 among the Perlbns whom the Pope excommunicated. Probably 
 there were Ibme Hopes of reclaimining them. As a Mark of liich 
 Excommunication, he threw a lighted Wax Taper out of the VV in- 
 dow of his Palace, in which he was imitated by the Cardinals, who 
 alio threw eleven lighted Tapers out of the Window. After this Aft, 
 the Pope pray'd for the faithful Servants of the Holy See and of the 
 Emperor:, then the Cardinal de Ficjqite read a Confeflion of Sins with 
 a loud Voice, and the Pope thereto added the Abfblution with the 
 iifual Benediftion, which he pronounced in the Latin and High Dutch. 
 He afterwards went into the Cathedral, where he celebrated the 
 Mafs, and confecrated the Sacrament and the Holy Oyl. The Patri- 
 arch of j^ntioch did the fame in St. Stephens Church. The fame Day 
 jllbert de Bon Chriflianis, Bilhop of Forli, made a long Sermon upon 
 our Saviour's PafTion, in which there is nothing remarkable with re- 
 gard to the Council, only that the Manners of the Clergy are lalh'd 
 towards the End of it, and, as was the Cuftom of that Age, the Holy 
 Scriptures, and the Fathers and profane Authors, are therein quoted 
 indifferently. In this Sermon however, there are a great many Paffa- 
 {a) r. i. Hat. ges full of the Grace and Spirit of the Golpel (a). At Two a 
 T.V. p. 158. Clock in the Afternoon, the People were invited by the Heralds to 
 150.CXMS3. come to the Epilcopal Palace at Four a Clock to receive Indulgen- 
 ^^'"' cies, which was performed with great Solemnity, and in the midft of 
 
 a Multitude of People. All thele Ceremonies, which lafted almoft 
 all Day, were concluded by a Repaft that the Pope gave to the 
 Emperor, the Cardinals, and fome Princes j after which, he wafh'd 
 
 the
 
 The Hijiory of the Council <?/ Constance. 253 
 
 the Feet of his Giiefts. All the reft of the Days till i?rty?(?r, were \±\%. 
 fpent in fuch kind of Devotions, and there was no Want of Indiil- \.^-v~s^" 
 gencies. 
 
 LXII. After the Eleftion of the Pope, Ambafladors arrived e- AmValoffe- 
 very Day at Confiance, from the Princes and Republicks, to recog^ veral Am- 
 nize and contragulate him, or to fettle their Interefts. This was bafladors 
 faid to be the Time that the Dnke de Lignitz return'd with one hun- ^"^"^ ^^ 
 dred and fifty Horfes and fix Carriages, according to the Report of 
 Reichenthalj and that Bcrtrand Prince of Camerino in Lombardy^ came 
 with Fifty two Horfes, of which, according to the fame Author, he 
 made a Prefent to the Pope. The Ambaffadors of Venice and Ginoa 
 arrived next Day after Eafler^ to put an End to fome Disputes which 
 they had with the Emperor. But the Negotiation both of the one j'. a Harir. 
 and the other prov'd abortive. ^\\vz Genoefc were obiig'd to return T. IV. 15^4^ 
 home, re inftUa, becaule they had the Marquis of Monferrat at 
 their Back, who thwarted their Defigns with the Emperor. And as 
 to the Feneticn/Sj forafmuch as the Fmperor ftrenuoufly infifted on 
 their refloiing co him the Places which they had taken in the King- 
 dom of Hungary^ and as they would not hearken to it, the Negoti?.- 
 tion was thereby fulpended. IVindek lays, that while the Venetians 
 were treating with the Emperor at Confiance, they feiz'd a Town (i) 
 which belong'd co him \ and that the Minifters upon Notice thereof, 
 adviling him to put ti.eir AmbalTadors under Arreft, that Prince gc- 
 neroufly declared, that whatfoever Wrongs tht Fenetians did him, he 
 would not violate che SaTe-Conluil which he had granted to their 
 Ambdlfadors. Upon this Occafion he was as much too fqueamifh, as 
 he had been too ie\cre, v/ith regard to John Has. 
 
 LXIII. S IG I S MO N D, who had it always very much at f he Pope 
 Heart to accommodate France and England, engaged the Pope to lend fends Le- 
 Legates into France, there to negociate a Peace, as well as to pacify g-^fs into 
 the intefline Commotions wich which that Kingdom was diftrafted. ^"""^^■ 
 Amedeii! de Salttces, Cardinal de Santla Maria, was immediately f ngJcd u"Zj-^ fj'ftl 
 out for this Negotiation, as appears from the Pope's Bull datetl in oicharhiYL. 
 February this Year at Conflance. As it is not long, we will infert it p- 440. 
 here intirc. 
 
 *• To our dear Son Amedens, Cardinal-Deacon of SanUa Maria, Motifirelet; 
 
 * Noi'a, Greeting, and Apoftolical Benediftion. When we were as Vol.1, p. 258. 
 
 * yet in the fubaltern Offices, we were touch'd to the quick, and are ^«y"'^^ <"»••»- 
 
 * more fo now by the fatal Divifions which have long reign- ^^^^' ^^^' 
 ' ed between our moft dear Sons, Charles King of France, and arm 1418.' 
 
 * Henry King of England, as v/ell as between the French Princes num. x. 
 ' and Nobility. 'Tis a very fad Cafe, that KingS' and King- 
 
 C^i) Zer.iphal ; probably 'twas 3«r4 in Dj/mrtt/A 
 
 ^ donas
 
 2 54 "^^^^ Hijiory of the Council of Constance. 
 
 5418. ' doms lb illuftrious for dicir Power both by Sea and Land, and 
 v»^'-V~>v^ * which are lb famous for their Valour, Learning and Tnduftry, Ihould. 
 
 * exhauft their Strength by liich tedious and cruel Wars. Being de- 
 
 * firous therefore to ule all our Kfforts for reftoring Peace and Con- 
 
 * cord between them, we have caft our Eyes upon you as the moll 
 
 * likely Mediator to fucceed in that Affair, becaufe you know the 
 
 * State of thofe Kingdoms, and are well inform'd of what is doing 
 
 * on both Sides, not to mention your Inclination to Peace, and your 
 
 * Dexterity in Negotiations. Therefore by thefe Prelents we give 
 
 * you Full Power in our Name, and in that of the Apoftolical See, 
 A^il 2. < to do your beft in this Ati'air (i) '. To him were afterwards added 
 
 in the Commiffion, the Cardinals desUr/ins, and Si. Mark (-), whole 
 particular Inftruftions were to pacify the Commotions in France. 
 They had even carry 'd I'Jiings to Terms of a good Reconciliation. 
 (<»■) Mezir Jd vvas agreed that {a) alUnimofities being laid afick, the Dauphin and 
 Mr. clr. T. ^^^ £)itke of Burgundy fiould have the Government of the State during 
 Btov ^ann.°' ^^^^ King's Life. This Treaty was fign'd at Montereau by the Am- 
 141S. num. balfadors of the King of France, and thofe of the Duke of Burgundy, 
 vii, and being afterwards carry 'd to the King and the Dauphin on the 
 
 one hand, and the Duke of Burgundy on the other, it was appro- 
 ved of by both Parties, But the Conftable d'Armagnac, and Henry 
 de Marie, Chancellor of France, with Ibme other Lords, not being 
 willing to confent to it, the Civil War flam'd out again more feverely 
 than ever. The Englijli were far from hearkening to Propolitions of 
 Peace at a Junfture fo favourable for them as this was. 'Tis pro- 
 per to relate this in the very Words of John Juvenal des Urfms, an 
 ymen. vifi. Hiftorian of that Time, the Cardinal des Urfins (fays he) in Obe- 
 cba. VI. p. dience to the Pope's Commiffun, 'went in EmhaJJy to //;!? Englilh, to knoiu 
 445, 446. -whether they ivere ■milling to hearken to the Affair of Peace. He found 
 them very ftiff and haughty, boajiing of their Conquejls, and glad of the 
 great Diviftons that then reign'' d in this Kingdom. And the King of Eng- 
 land fays, that the bleffed God had infpir\l him, and inclined him to 
 come into this Kingdom, to chaflife the SubjeHs, and to have the Lordjhip 
 thereof as true King. 
 The Con- LXIV. The Irregularities of the Monks, and the horrid Enormities 
 demnation of every kind which were committed in the Convents, had for a long 
 and Recan-jjjj^g difgufted many People with a religious Life, who otherwife would 
 ^c^'c^ahi^'' have had an Inclination to renounce the World. This had about the 
 spond. 13S4. End of tlie foregoing Century produced a Society, which they call'd the 
 num. xlii. Brothers of Common Life, wherein Perlbns diftinguiihed for their Know- 
 
 (i) The Bull is dated the 51th of FfJ- (2) Keichenthal \s miftakeii here, when 
 ruary. Kawald ann. 1418. n. 24. he fays that it was the Cardinal of Oft i a 
 
 F0I.45. 
 
 ledge
 
 The H'ljiory of the Council (j/" Con stance. 255 
 
 ledge and Piety, that they might not be Beggars, liv'd in common 14 18. 
 upon one Stock to which they all contributed, and that they might v.x-v^"^ 
 not be idle, made it their Bulincls to teach Children. The Founder 
 of this h-ftHbliihrnent was faid to be Gerard Groot, or the Great, of De- 
 venter., a l>odor oi' Paris, and a Canon of Utrecht. Thislnftitution 
 was attervvards fupported by another Gerard de Zutphen, of whom the 
 Abbat Trithemius gives this Charader {a). He was learned, and con- {a) Trithim, 
 I'erfant in the Sacr-ed Scriptures, nor was he ignorant of the Secular Script. Ecd. 
 Sciences. He ivas a Man of fine Wit, clear Elocution, and as much to Art. $77.. 
 he commended for his Manners as his Knoivkdge. He wrote feveral 
 TraHs of Piety for the Inftru^ion of the Brothers of the Common Life. 
 And in the Vth Tome of thofe Friers Bihliotheque, there is a myftical 
 Treatile of this Gerard, divided into two Books ; the tirll of wiiich 
 treats of the Vices of tlie Sou!, and of internal Retbnnation j and 
 the fecond of Spiritual Elevations. 'Tis certain, that this is an ex- 
 cellent Treatife of Devotion, and as well delerves to be tranflated 
 into French, as that famous TraO: of Thomas a Kcmpis De Imitations 
 Jefu Chrifli, who wrote his Life, and with which Gerard's Book is 
 often bound up. This Author died in 1598. As Eltabliihments of 
 this Nature foon met with general Applaufe, and as every one was 
 eager to fupport them by their pious Liberality, tlic Monks did not fail 
 to rave againft thole Societies, as Invaders of the Pope's Authority, 
 and of the approved Orders, which could only tend to the Contempt 
 of Monaftick Vows, and to the Ruin of the Convents. It was April r. 
 about this Time, that one Matthew Grabon, z Dominican Frier of ['■ <^- i^^rdt. 
 Saxony, prefented a Writing to the Pope, by which he pretended to ^.^^Lf ' 
 prove, that the religious Societies, which club their Subftance together p^^.'/ ^p'''j_ 
 to live in common, without making monaftick Vows, are illegal and p ^s-,, &c. 
 criminal. His Senie of this Matter was contain'd in thele twenty sponditfuiis ad 
 five Articles. Art. i. ' The Propriety of Temporalities is eflentially'"""- i4'^- 
 ' annex'd to the Secular State. 2. No body can, without Sin, re- ^•'™ ^^'^^^t. 
 ' nounce what is neceliary for him to live in a manner fuitable to his -j^ jy_ _/' 
 ' Condition. 5. All thofe fin, who abfoiutely give away all their Sub- 1544. 
 ' ftance in Alms for the Love of Jefus Chrift. /. He who is not ot 
 
 * a true religious Order ; that is to fay, of an Order approved by the 
 
 * Apoftolical See, cannot, without mortal Sin, give up all his Eftate 
 ' for the Love of Jefus Chrilh 5, The Pope cannot permit the 
 
 * Laity, by a Dilpenfation, to deprive themfelvcs of all their PoC- 
 
 ' feflions. ^. If the Pope could give fuch a Grant, he might as . 
 ' well permit the parting with the Aliments neceffary for Life, 
 
 * which woald be contrary to the Command, Thou fialt not kill. 
 ' 7. A F'rier cannot, witliout mortal Sin, renounce the Defirc 
 
 ' of having Eftates in common, when he alUially has not 
 
 * any
 
 2 5^ The Hijlory of the Cotincil of Constance. 
 
 141S. ' any (0- 8. 'Tis a Contradi£lIcn, that any one fhould be voUin»:a- 
 rily poor for Jellis Chrift, if he remain in a Secular Scace, uithcut 
 having, or fo much as defiring, any thing that he can call liis 
 own. 9. No body can meiitorioufly obferve the Recommendation 
 of a true religious Orderj that is to lay, an Order of Religion, 
 approved by the Papal See. ic. They fin mortally who remain 
 in the Secular State, and yet thbk to do good by embracing 
 Poverty, which is one of the Counfels recommended by Jefus 
 Chrift. II. Renouncing of all one's Eftate, even for the Sake of 
 Jeliis Chrift, without entering into an approved Order of Religion, 
 is taking away the Lives of a Man and his whole Family, and 
 .committing leveral Homicides at once. 1 2. They, who think they 
 delerve eternal Life by fuch an Abdication, think they merit eter- 
 nal Life by committing a mortal Sin.' The 15th and 14th Articles 
 are pretty near the fame as the nth and 12th, with this Diffe- 
 ence, that Grahon calls that Herefy which he before treated as a 
 mortal Sin. ' 15. No body can meritorioufly, and according to the 
 Will of God, comply with the Injundlions of Obedience, Poverty 
 and Chaftity, if he be not of the approved Orders of Religion. 
 16. The three Things counfefd by our Saviour are io link'd to 
 one another, that where there is meritorious Poverty, as far as ic 
 is a Recommendation by Jellis Chrift, there the two other Councils 
 ought alfo to coincide, viz. Obedience and Chaftity, which are in-^ 
 feparable from the Counlel of Poverty. 17. Ladies or Women, liich 
 as the BeguteSy or Begiiins^ who live in a Society, even though they 
 ihouldholdno Error, and be unfufpe£ted of Herefy, are Daughters 
 of everlafting Perdition, and their State is prohibited and condcmn'd.' 
 The 1 8th Article is much like the foregoing ones. ' 19. 'Tis not law- 
 ful for the Priefts and Clergy to live in a Community, on Pain of 
 finning mortally, unlefs they are of an approv'd Order of Religion.' 
 The three Articles following declare, ' Thole to be excommunicated and 
 condemn'd who alTift and favour fuch Societies, as are not of the 
 approv'd Orders of Religion. 2;. All thofe, who are of any Commu- 
 nity which is not of the approved Orders of Religion, are the falfe 
 Prophets, of whom Jeliis Chrift has warn'd us to beware. 2^. Who- 
 Ibever doth any thing contrary to the Canon Law, finneth mor- 
 tally. 25. No Perfon who behaves well, and is not of an approv'd 
 Order of Religion, can draw Alms from Believers without Sin, un- 
 lefs it be for the common Good, and in Cale of NecelTity. 
 
 (i) I don't underftaiid this Article. It bendi ccmmuniay quavdo aiiu talia non 
 runs in Latin thus : Religiofus non potefi hnbet, 
 fi/tipeccatt mortali abdkare voluntatem ha- 
 
 LXV. The
 
 The Hijlory of the CourrcII ^/Constance." 257 
 
 LXV. The Pope referr'd the Examination of thefe Propoficlons 1418. 
 to tlie Cardinal de Ca-mbray and to Gcrfon. The Cardinal's Anfwer <v_-'-v^-v 
 is addrefs'd to the Pope himlelf. That learned and jii Jicioiis Prelate TjieCardiHaS 
 reprelents to him, that it would be proper to airemble the Divines of"seiin"^i^ * 
 the Coiincjl to conliilt together upon a Matter whicli is of Faith, to concerning 
 the end that every one may give his Opinion upon it in publick, Crahon\ pTor 
 and not in a parcicular Affembly. He adds, that this has been his portion*. 
 PraQicc in all the Qiieflions of Faith, in which he has been ap- 
 pointed a Commillioncr : But that neverthelels, as he may happen not 
 to be prelent at this Confultation, he will give his Opinion upon it, 
 which is couch'd in the following Articles, i. That the principal 
 Foundation of GrabonV Do£lrine is contrary not only to Reafon and niO' 
 ral 'Theologyy but alfo to the PraElice of the Primitive Church j wJiich h& 
 proves from the 4th Chapter of the AclSy where it appears, that 
 People of all Ranks and Conditions, who were marry 'd am! not en- 
 ter'd into any of the monaftick Vows, laid their Eftates together ii> 
 common. 2. 1'bat Grabon advances what is falfe and heretical^ ivhen 
 he fays J that the religious Orders inflituted by St. Bafil, St. Benedift, and 
 i'/. Auguftin, are the only true religious Orders, becaufe the Chriflian 
 Religion is as true a Religion, tvhcn it is obfcrvd by Laymen, as ivhen 
 the Rules of it are obfervd in a Convent. 3. He adds, that in Grabon % 
 Writing, there are feveral fcandalous, rafi and infolent Propofitions j 
 as for inftance, where he treats what is contrary to liis general Pro- 
 pofition, as heretical ^ and where he fays, that the Laity cannot live 
 without having an Eftate which is their own Property, and that to 
 contravene the Canon L>aw, is a mortal Sin. From hence the Cardi- 
 nal infers, that Grabon's Propofitions are heretical, and worthy of the 
 Flames, leaving it to thz Lawyers to judge of what relates to Grabon's 
 Perlbn. 
 
 LXVI. As to John Gerfon, it appears from the Title of his Gerfin's Opi- 
 Writing, that three of the mod able Doilors of feveral Univerfities "ion of the 
 had approv'd of it. He addrcilcs it to the Cardinal de Ferona, who ^•''"^ Subjeii. 
 had referr'd the Examination of this Affair to him en the Part of the 
 Pope. Gerfon declares, at firft letting out, that he has read the 
 Cardinal of Cambrafi Sentiment upon it, which he approves entirely, 
 and thereto adds his own in fix Propofitions, with their Proofs and 
 their Corollaries, which it is necelfary to abridge. T'he firft is, that 
 ' That can only be cail'd the Chriftian Religion properly and em- 
 ' phatically, which Jefus Chrift taught and oblerv'd in tlie moft 
 
 * perfetl Manner. The fecond is. That the Chriftian Religion doth not 
 
 * obUge to the Pradicc of Evangelical Counfels, neither with nor 
 ' without a Vow, becaule othervvile tliey would not be Counfels but 
 ' Commands. The third. That the Chriftian Religion may be very 
 ' perfetlly obferv'd, without any Vow obliging to the Praitice of 
 
 Vol. II. K k * the
 
 The H'tftory of the Council of Cciv^z t a N G e.' 
 
 the Counfels, becaule Jefus Ghrlft, the Apoftles, and the ' Primitive 
 Chriftians, never made any liich Von's. 'the fourth is. That, for 
 the Obfervance of the Chriftian Religion, as well with regard to 
 
 * Commands as with regard to Counfels, it is not necefTai-y to add 
 ' any other Orders than are found in the Chriftian Religion itfelf, as 
 
 * are the Rules of^ St. Ba/i I, Si.yJu_ftiHy i^c. which' Dr. ^;yf/?;i calls 
 
 * caip^d Orders \ that is to lay, liich as are of human Invention. 
 ' 5. That thole invented Orders, are call'd improperly, and even 
 ' with very great Arrogance and Prefumption, a State of Perfection, 
 
 * becaufe, among the Laity, there are Men who live better than the 
 
 * Monks ^ and that if the religious Orders enable Ibme of them to 
 
 * attain to the State of Perfeftion, there are many which hinder them 
 ' from that Attainment. 'The fixth is. That the Chriftian Religion. 
 
 * may, and ought to be better obferv'd by the Popes, the Cardinals, 
 
 * and the. Prelates, than by the Monks, though the former are not 
 
 * bound by any other Vows than that of oblerving God's Law.' 
 I will not ftay here to fet down the particular Conlequences which 
 
 Cerf. T. L Gerfon infers from thefe Propofitions, I fhall only content myfelf with 
 P- 474- theie three : That the Doflirine of Mattheiv Grahon is not only ex- 
 
 travagant, but heretical and blafphemous : That the Pope, the Cardinals 
 and Prelates, ought fpeedily and vigoroufty to oppoie its Progrels t 
 That if Grabon is obftinate, and will not obey his Prelates, and his 
 other Superiors, they ought to lecure his Perlbn. This Condemna- 
 tion was a home Stroke •, for Grahon retracted, in Prefence of his Com- 
 miflioners, in all the Forms. 
 ^eAmcko'i LXVII. MARTIN V, at the Beginning of his Pontificate, had 
 Auflria's Re- lent Henry Fkkel to Frederick Duke oi Juftrla, to dilpolehim to make 
 lonciliation j^-g pgace with the Emperor. With this View, the Duke went to 
 *^^ '^' Menbourg, a Caftle near Confiance, to which the Emperor was gone 
 
 ?"/ Hardt for Change of Air. This Interview having lafted forae Days, and 
 T. IV. p. ' the Minifters of the Emperor and the Duke not being able to come 
 2544-. to any Agreement, Sigifmond return'd to Conjiance, whither he was 
 [fr'/ ^6 ^00" follow'd by the Minifters of Frederick of Auflria, to continue the 
 ^ Negociation, which lafted eight Days longer, till at length a Trea- 
 'jSprilz^. ty was concluded on the 25th o? April, in the Monaftery of il/o»/?^r- 
 T. A. uardt, lingen near Conflcince, upon thefe Terms : That the Duke fliould fwear 
 T.^IV. p. jTgalty to the Emperor, and pay him feventy thoufand Florins (i) 
 ^winduk and F'ine, on which Condition he would reftorc him to the Polfeftion of 
 Sach r. ' his Dominions. The Emperor afterwards forgave the Duke part of 
 ^^y 7- that Sum, viz. twenty thouland F'lorins. When the Treaty was con- 
 K .^^Hardt, j.jyjgj^ Frederick went to Conflance, to make his Appearance before 
 Jgj P' the Emperor, to whom he was introduced by the Elector of Bran- 
 
 (i) Gerard de Roo, in his Hiftory o£AiiJlria, p. 144, fayj thirty thoufand Ducats of 
 Gold. 
 
 dcnbourgy
 
 « 
 
 The Uiftory of the Council <?/'Constance; 259 
 
 denhom-g, with the Archbifhop ^'i Riga on their Right Hand, and 1^1?. 
 Le'ais Count cTOettingen on the Left. When Frederick oi yiu-Jlria v^'V*^^ 
 was at fome Diftance from the Emperor, the latter fent to demand 
 of liim whether he was come thither to execute the Treaty ^ and 
 ir^^sr/V,^ declaring, with a loud Voice, that he was come with that In- 
 tention, the Form of the Oath was read to him, which when he had 
 taken, the Emperor gave him his Hand. Windeck mentions an Inci- 
 dent here, which is too material to be omitted, 'vi-z. That Frederick 
 was no iboner gone from the Emperor, but Leiuis of Bavaria of /«- 
 ■pljladt came in to Ipcak a Word in favour of this Prince, who was 
 lis Kinfman. The Emperor frown'd at this Step, and order'd the 
 Duke o'i Bavaria to withdraw : But as he ftill held on his Dilcourfe, 
 the Emperor was offended at it, and, as a Mark of his Indignation, 
 took off the Duke's Hat, and gave it to another. Next Day, the Pope 
 fent Word to the Duke of Aiiftria^ that he muft get himfelf abfolv'd by ;^^^y j 
 the Bilhop of 'Front ^ with whom he had maintain'd a long Quarrel, or r. d. mrdt^ 
 elfe go barefoot round the Church by way of Penance. But as the T. IV. p, 
 Duke was preparing to yield Obedience, the Pope relax'd, remitted')''^- 
 pare of the Punifhment, and caus'd him to be ablblv'd by a Cardinal 
 whom he fent to him for that End. While the Cardinal was giving 
 Abfolution to the Duke, the Emperor was there, in his Imperial 
 Habits, fitting on a Throne, accompany'd by the Ele£lor of Branden- 
 boiirg^ who bore the Sceptre ^ by 'John Duke o^ Amberg^ who carry 'd. 
 the Imperial Globe for the Eleftor Palatine -, and by Letvii Duke of 
 Brieg^ who was Sword-bearer in the room of the Eleftor of Sas-ony. 
 He there Iblemnly reftor'd the Duke to his Dominions, with all his 
 Titles, his Rights of the Regale, and his other Privileges. The 
 Example of the Duke oi Anftria ought to be a LelTon to all Vnncez Gerard Rao's 
 never to engage in a bad Caule, and not to incenfe the Princes on Hiilory of 
 whom they depend. This Duke paid dear for it ■■, for, after having ^"P'^y Lib. 
 been put under the Ban of the Empire, and ftripp'd of his Dominions, he ^^' ^' '*^* 
 could never get to be perfectly reftor'd to them. The Emperor thought 
 he had iiifficiently made good his Promife, by reftoring thole Towns 
 to him, which were ftill in his Power, and which were aftually in- 
 clin'd to return to the Obedience of their former Mafter. Sigifmond 
 had mortgag'd feveral of them, particularly IFelkirch, Fraiienfeldj 
 Heilgenberg^ befides moft of tlie Towns of Ergavj, and he had given 
 to others the Prerogative and Patents of Imperial Towns, parti- 
 cularly to Schaffhaiifen, Rhinfeld, Dijfenhove and Cell. So that Frs- 
 derick, finding it very difficult to recover thofe Places, waited for a 
 more favourable Opportunity, and went to Tirol to appeafe the Com- 
 motions there, and to reduce the Nobility of that Country, which 
 rebcU'd againft him, and which he could not bring to Realbn, with- 
 out proceeding to fatal Extremities. 
 
 K k z If .
 
 26<? The Hijiory of the Council of CoNstANCi. 
 
 141S. If we may believe Windeck^ there was nothiiig ^o infincere as the 
 
 iv.^-'-V"^ Oath of Allegiance, which the Duke of A:iftria took to the Emperor 
 when he made his Peace with him. This Author iays, that while 
 wiiJiieck, caf~Sigiffnond WAS ?Lt Conjiance, the Duke made an Attempt to bribe a 
 *3^ certain Pcrlbn to alTadinate him, on the Promile of a certain Caftle 
 
 upon the Jdige for his Reward f, but that the Man, inftcad of ac- 
 cepting the Oilers of the Duke and his Minifters, inform'd the Em- 
 peror of it, who thought fit, at that Junihire, not to take Notice 
 of it, but as he rcturu'd from Conftance, being then at Haguenauy 
 he lent for tlie very Man, whom they had been tampering with, 
 and obliged him to make a Confeffion of the Matter, in Pretence of 
 leveral Prin:es, thcBilhop o'l Pafflnv^ and o'i TVindeck himfelf After 
 R»p p 265. many Troubles which Frederick o'i juftria had brought upon himfelf, 
 " he died in 1459. We will now refume, the Thread of the Hiftory. 
 
 LXVIII. The Zeal of the Council againit HuJJltlfni was not al- 
 Tiie Abjura- together unfuccefsful. The Recantation of Henry de Latzenbock, a. 
 tioBof cer- Lord oi' Boher/iia, has been already inferted. One Dominic de Laude 
 tMnHujfius. j^^^jg Y{is Abjuration likewife on the 13th o( Jpril, in the Cathedral 
 T.iv^v' Church. His Books had been burnt the Day before, which Ihews, 
 1 545. that he v^as fbme Doctor. Reichentbal and Dacher ipeak of another 
 
 ^fril 12, 13.. learned Pcrfon who alfo abjur'd on the fame Day. I do not obferve 
 
 that any thing was done till the XLIVth Seflion. 
 ^TTSSION LXIX. The Emperor, who was not at the foregoing Seflion, 
 Forty was prefent at this. It appears from the Afts of Brunfwick, that 
 Fourth, the Deputies of the French Nation were not prefent at it, becaufe 
 April ig. thgy dilapprov'd of the Choice which the Pope had made of the City 
 r. d. Hardt, ^^ pavia for holding the firft Council, which was to be notify'd in 
 '^' ^y^' ^' this Seffion. This is a Particular which I have not met with any 
 See above, where elfe. It had been refolv'd, in the XXXIXth Seflion, that a 
 Lib. V. Art. Month before the Separation of every Council, the Pope, with the 
 iXXVni- Confent of all the Fathers, Ihould nominate the Place for the meet- 
 ing of the next Council. Purfiiant to this Regulation, after the cuflo- 
 mary Ceremonies at every Seflion, the Cardinal de Cballant read a 
 Bull from the Pope, which imported, that Martin V^ in order to 
 comply with the Decree of the prefent general Council, which had 
 made a Rule, among other Things, that a Month before the End of 
 every Council the Pope, with the Approbation of the Aflembly, 
 Ihould fix the Place for the next Council, declares, that, by the Con- 
 fent and with the Approbation of the faid Council he nominates 
 the ' City of Pavia. The Decree was as follows. ' MJ R T/N^, 
 *■ Biihop, Servant of the Servants of God. To perpetuate the Me- 
 
 * mory thereof to Pofterity (ad futararn rei memoriam) being defirous 
 
 * and yvilling to comply with the Decree of this facred general Council, 
 
 * which
 
 The Hipry of the Council ^/ C 6 n s t a n c i. \6i 
 
 * which has relblv'd, among other Things, to celebrate General 141 p. 
 
 ' Councils at fiich a Place as the Pope fliali appoint a Month before L/''V%J 
 
 * the End of each Council, we do nominate and appoint for this Pur- 
 
 * pole, with the Approbation of the Council, the City of Pavia^ 
 
 * enjoining the Prelates and others, who arc to be call'd to General 
 
 * Councils, to be there at the Time appointed.' Which was ap- 
 prov'd of by the whole Council, by the Mouth of Cardinal de Vi- 
 'uiers their Spokefman. An Auditor of the fkred Palace declared alio, 
 in the Emperor's Name, by his exprefs Order, and in his Prelcnce, 
 that the faid Emperor approv'd, commended and accepted the Choice 
 of the City of Pa-via., as a Place proper for alTembling a Council. 
 An Advocate of the fiicrcd Confiftory approv'd of it likewife, in the 
 Name of the Pope. Thus ended the XLIVth Seffion. 
 
 LXX. Here, I think, fomc Affairs may be mention'd which the Several Coii- 
 Pope dilpatch'd before he left the Council. In this Clafs, I place a ^'^"-io"^^ of 
 Bull oi Martin Y, mention'd hy Bzovius^ and dated the 30th ot'^^"'^''"^^^' 
 yfpril, enjoining the fpeedy and free Execution of the Apoflolical i^j^ig. „um.ii. 
 Letters. This is the Tenor of it. Forafmuch as, during the Schifm, ex Bulhrh 
 Scandal frequently happen'd on account of the Execution of the Pope's ■R"""""'. 
 Bulls, Urhan VI. had thought fit to permit the llilpending the Eve-^^''"g ^^'l^'""'- 
 cution thereof till they had been approv'd of by the Bifhops of they||' ' "^'"* 
 Places, or their Officials. What was at firft but a provifional Grant, 
 by realbn of the Schifm, had infenfibly pafs'd into a Cuftora ^ and it 
 often happen'd too, that, what with the Refufiil or Negligence of the 
 Bilhop, the Pope's Bulls were not executed at all, or, at leafV, later 
 than was agreeable to the Authority of the Apoftolical See. Ala!-- 
 tin V, by the Council's Approbation, makes this Grant void, and or- 
 ders, that hereafter the Bulls of the Popes fliall be forthwith executed, 
 by the Judges deputed for that Purpofc, as well as by the Notaries 
 and Scriveners, who ftall be thereto requir'd, without being ratify 'd ^ 
 by any Prelate whatfoevcr, though he be a Patriarch, nor by the Or- 
 dinaries of the Places. Moreover, the Bull repeals all Sentences and 
 Excommunications iffued by the Prelates, and the Superiors, or their 
 Officials, againft the Executioners of thole Bulls, and orders, that 
 whoever fhall contravene the faid Decree, fhall be ipfo fatlo fufpenJed 
 for three Monchs from his Ecclcfiaflical Jurifdiclion. I am furpriz'd • 
 that I have not met with a Bull of this Importance in my Afts. It 
 is to be found in the Roman Bullaritmiy printed at Lpns in i(55jj , 
 
 T.I. p. 315- ' - 
 
 I fay the fame as to fomc other Conflitutions of il/^r//« V, men- • 
 tion'd by Bzovius and Sponde, upon the Authority of St. Jntonin (a), a'] Pmt Iir. 
 Archbilhop of Florence, an Hiftorian of the XVth Century. There U\\\. Tit. 
 is one which abfolutely forbids the Mendicant Friers to pafs, under ^XII. Cap. 
 any Pretence, into any other Order, except that of the C<j;v^«/^«/, orij.^-" ^ •"•''&'■• 
 
 Pain
 
 26 2 The H'ljiory of the Council ^/Constance. 
 
 Pain of Excommunication only to be taken off by the Pope 
 ticulo mortis, both to be infiifled on the Turn-coat, and on thofe 
 Extrav. III. who fhall admit Jiira. The Pope confirm'd the iaiJ ConftitLition 
 ,Tit. Vlif. ^yjien at Geneva, by a Bull dated in July, and the Article had been 
 refolv'd on in the Reforming College. The other Conftitution 
 difpenles vvich Believers holding Gorrelpondence with Perlbns ex- 
 communicated, except thole who have been nominated, and publickly 
 acculed by the Judges, or fuch as are notorioufly convided of having 
 affaulted the Priefts. But 'tis not certain that this was a Bull of 
 Martin y . 
 The Pope LXXI. What follows is of greater Importance. John oP Baz^a- 
 pcvrnits the y^^ j^^ J i^^^^ twenty eight Years elefted Biflwp of Liege, though he 
 x^e£e'to°nar- ^"'" ^^^ "^ "^°''^ ^^an a Sub-Deacon, Ashe only took this Biflaoprick 
 i-y. upon him till Ibmething better offer'd, and as he had waded through 
 
 feveral Quarrels to maintain himlelf in it, he did not flip the firft 
 Opportunity time p relented to get rid of a Benefice that was a Burden 
 to him. As good P'ortune would have it, the Death of his Brother, 
 £Kw. 141S. ff'^iUia-m ¥.<!s\ oi Hainaidt , Holland And FrieJIa?id, which happen'd in 
 num. viii. 1417, gave him a fair Occafion. This Earl having left no JNlale 11^ 
 file, y«/ju thought he had a Riglit to put in his Claim to thofe Pro- 
 vinces, and to turn out JaqneVma his Niece, who, after her Father's 
 Death, had taken Poffeffion thereof, by the Confent of the .States. 
 He had already made himielf Mafter of Dort, Rotterdam, and the 
 Brill, to facilitate his Defigns. Mean time, Jaquelina being courted 
 in Marriage by her Coufin-German John Duke of Brabant, Ihe eafily 
 fr/w^fi-i^, cap. obtained a Dilpenlation from the Pope, then at Conftance, to marry 
 14. him. The Bilhop of Liege, on the other hand, finding he had lb 
 
 formidable a Competitor to cope with as John Duke of Brabant, had 
 Recourfe to the Emperor, to be liipported in his Pretenfions to his 
 Niece's Dominions. Therefore he lent AmbalTadors to Conftance, to 
 make feveral Propofitions, as well to the Emperor as the Pope, to 
 whom he at the fime time refign'd his Bilhoprick, the Polfeflion 
 of which was incompatible with the Defign he had form'd to marry. 
 The firft Thing which he had inftrucied them to demand of the 
 Emperor was, that he would give him in Marriage his Imperial Ma- 
 jefty's Niece, the Duchels of Luxemburg, who was left a Widow by 
 the Death oi' Anthony Duke of Brabant. But as Joh?! oi' Bavaria was 
 a Sub-Deacon, and was moreover Godfather to a Daughter of that 
 Duchefs, they had Orders to defire the Emperor to obtain a double 
 Dilpenlation from the Pope for this Marriage. The fecond Propofi- 
 tion which they were order'd to make to Sigifrnond, was, that he 
 would declare him Count of Hainault, Holland, Zealand and Friejkmd^ 
 either by Right of Succedion, or refpe£ting thole Dominions as a 
 Fief devolv'd to the Emperor by the Death of fFilliam. who had kft no 
 
 Male
 
 The Hipry of the Council <?/ C d n s t a k c i. a^j 
 
 Malelffue. Laftly, he defir'd the Emperor to engage the Pope to 141 g. 
 revoke the Dilpenfation which he had granted to JaqaeUne, for the L/^V^J 
 Marriage of her Coufin-German, AW thefe Propofitions were fa- 
 vourably receiv'd. The Emperor promifed his Niece to JoJm o^Ba- 
 varia, and eafily obtain'd of the Pope all the Diipenfations neceflary 
 for that Pin-pofe. He promis'd him alfo to declare him Sovereign of 
 the Dominions which he demanded, as far as might be confident with 
 the Privileges of thole Provinces. In the IXth Volume of Mr, Rj- 
 mer's Fxdera, we find Sigifmond^s Letters Patent in fivour of Job^s of 
 Bavaria. The other Article was as eafily comply'd with, • The Em- 
 peror had no Difficulty to prevail with the Pope to revoke the Dil^ 
 penlation which he had granted to Ja^nelrde and the Duke of Bya- 
 banty who were marry'd neverthelels. 'Tis true, that the Pope af- 
 terwards confirm'd his Dilpenfation, alledging, that the Emperor had 
 forc'd him to revoke it. And Windeck lays, that it occafion'd high 
 Words between the Emperor and the Pope. His Imperial Majelly 
 having heard that the Pope had granted a Dilpenfation to JaqueUne 
 to marry her Coufin-German, went to him, and accofted him in 
 thefe Terms, Holy Father^ What are 'we come to Conftance fvr ? To 
 reform the Church., lays the Pope. One fiould not fay it, reply'd tlie 
 Emperor, becaufe you have permitted the Marriage of tivo Coufin-Ger- 
 mans. 7'ou may indetd pardon SinSy but not licenfe them. But the 
 Emperor's Reproaches leem to me to be groundlels ^ for he himfelf 
 oblig'd the Pope to permit a Sub-Deacon to marry, and even to 
 marry the Mother of his God-daughter, which the Emperor himfelf 
 thought a Sin. He might, with more Realbn, have reproached the 
 Pope for having taken twenty thouland Crowns for that Dilpenlation, , 
 becaufe it was downright Simony. Tiiis laft Particular is taken from 
 IVindeck. John of Bavaria having thus refigifd his Bilhoprick, Mar- 
 tin V. conferr'd it upon Jthn de Walknrody Archbifhop o\''Riga, af- 
 terwards Bilhop o^Coire, of whom frequent Mention has been made 
 in this Hiftory. This Prelate let out from Conflance on the i8th of 
 July to repair to his Biflioprick, Bzovius has given a great Cha- 
 racter of him. From his Entrance into his See, fays he, to the laO: 
 Day of his Life, he behav'd i^o well, both in Spirituals and Tempo- 
 rals, that he may be juftly compar'd with the ancient Founders of 
 the Church oi' Liege. He not only kept the Clergy in their Duty, 
 but himlelf did thofe Functions which his Prcdeccffors caus'd to 
 be done by their Suffragans. He himlelf perform'd the clerical 
 Tonfurcs, adminiller'd the Sacrament of Confirmation, ordain'dPrlefts, 
 and was lb alTiduous in the Divine Service, that he never put any 
 other Perlbn upon making the Prayers and Sacrifices. He was every 
 whit as punctual in the Adminiftration of Civil Jufiice. He had al- 
 ways an Eye to Merit in the conferring of the publick Offices, 
 
 without--
 
 §^4 ^'^^^ Hijlory of the Council 0/ C o n s t a n c e. 
 
 Avidniic being fway'J by Solicitations, or corrupted by Money. And 
 to prevent Abiifcs from creeping into Courts of Jiiftice, hefonietiraes 
 fat on the Bench hinifclf, and prefided there, to teach the Judges, 
 
 by his Example, to have no Rcfpetl to Perlbns -He reftoredto 
 
 the City the Privileges which John of Bavaria had taken from it, 
 and eas'd it of a great Number of Impofts. I will not quarrel with 
 Bzoi-ius for the Praife which he beftows upon this Prelate. He might , 
 in other Refpc-T.s, be ?. Mail of very great Merit and paftoral Vir- 
 tues, but 'tis certain that he enter'd into this Dignity by a very bad 
 "Way, bccaufe it was the Reward of a fort of Treachery. The Car- 
 dinals had made him an Offer of it as has been already oblerv'd, on 
 Condition that he would go off from the limperor and the Germans^ 
 who were for the reforming of the Church before the Eletlion of a Pope. 
 He was won by this Promile, and carry'd olf all the reft of the 
 German Nation with him, to the great Prejudice of the Council, and 
 of the Reformation of the Church. 
 SESSION LXXII. We come now to the XLVth and lad Sedion. The Em- 
 FoRTY- percr was pretent at it. After the Mafs of the Holy Ghoft, which 
 Fifth. ^ was celebrated by the Cardinal of .^f^ai/fy^, the Pope having taken 
 ■^" "*' his Place as Prefident, pronounc'd a Dilcourfe which was a kind of 
 . X - „ ,• Sermon (a), lihcn iht C^xd^nzl Raynaud BrancaciOy pronounc'd thele 
 Kt'm ° " "' Words aloud by Order of the Pope. Gentlemen^ Depart in Peace 
 in tie Name of Jefus Chrijl, to which the whole Aflembly cry'd 
 
 This Cardinal very well delerves a DigrefTion. He was defcend- 
 cd from a noble and ancient Family in Naples. Pope Urban VI. made 
 him a Cardinal, by the Title of St. Fittis and St. Modejlus, in 1585, 
 in order to draw him off from the Intereft of Charles de DttraSy 
 King of Naples. He had afterwards an inviolable Attachment to 
 his Benefiiftor, and rav'd upon all Occafions againft Clement VTI. who 
 was Competitor with Urban VI. After the Death of the latter, he 
 was prefent at the Ele£lion of fix Popes fucceffively. Boniface IX, 
 at his Acceffion to th: Pontificate, gave him a CommifTion to en- 
 quire into the Conduit of Honorius Cajetan, Count de F/mdi, a great 
 Stickler for Clement VII, and upon his Report the iaid Count was 
 excommunicated. He was preftnt at the Council of Pifa^ notwith- 
 ftanding the Prohibition of Gregory XII, who therefore degraded him 
 from the Dignity of Cardinal, but it was reftor'd to him by the Coun- 
 (t) ^gif- cil. It was he who gave the Pontifical Tiara to John XXIII. who 
 PHTfUT Do3. made him his Legate in feveral Provinces of Italy. He dy'd in 
 II. p. 485. ,4,7 (^). 
 
 After this Declaration, as aBifhop was ready to preach a Sermon, 
 Ga/pard de Peru/a, an Advocate of the facred Confiftory, who lat by 
 the Ambafiadors of the King of Poland, and the Grand Duke of Li- 
 
 thuania^
 
 The Hijlory of the Council <?/ C o n s t a n c b." 2^5 
 
 thuania^ Itood up to remonflrate with all Humility to the Council, 14 iS. 
 and the Pope, that 7''''-'« '^^ Falkenbergh Libel, wliich notorioully con- (•^'"VJ 
 tain'd moft cruel Herefies, and Propofitions tJiat were injurious and 
 fatal to the K. and Kingdom of Poland^ as well as to Lithuania^ and 
 to the Duke of that Name, having been condemn'd as heretical and le- 
 ditious, in the lirll Piace, by the Commifnoners appointed in Matters 
 of Faith, then by the five Nations, and by the whole Co'lege of Car- 
 dinals, and that they having all unanimouily given their Opinion that 
 it ought to be ccndemn'd as llich by the Council in a publick Sel- 
 fion, he moft humbly intreated the Pope to caufe it to be publickly 
 condemn'd before the Separation of the Council, becaufe the iame had 
 been alfembled chiefly for the Extirpation of Herelies j otherwife he 
 declar'd that the AmbalTadors of Poland and Lithuania would proteil 
 againlt this Refuial of Juftice, and that they would appeal againft it 
 to the next Council. Upon this, John^ Patriarch of Conjiantinopk^ 
 and [fohn^ Patriarch of ylntlocb^ pretending to be of the French Na- 
 tion, together with a Dominican of the Spanip Nation, declar'd, 
 that this Book had not been unanimoufly condemn'd in their Nations. 
 But two Proitors, the one an Italian^ the other a Spaniard^ gave 
 them the Lye, and upbraided them for not Ipeaking by Order of their 
 Nations, but as meer private Perfbns, without any Authority. As the 
 Debate grew warm, Paul Voladhnlr^ one of the AmbafTadors of Po- 
 /rwrf', defired to be heard, and repreltnced that Gafpard de Per oufa, their 
 Advocate, who had fpoken for them, had omitted feme Things which 
 he had a mind to take Notice of;, but as he was going to read a 
 Paper which he had taken out of the Advocate's Hands, the Pope 
 impolcd Silence upon him, and declared with his own Mouth firft, and 
 afterwards by the Mouth of an Advocate of the Sacred Conliilory, 
 Tbat he would unirerfally and inviolably obferve all that had been agreed 
 to concerning Matters of Faith (i), in the Council itfelf (conciliariter) 
 that is to l:\y, fynodically^ and in full Scjfton, but not otherwife. Paul 
 l^oladimir was not daunted at this Declaration. He was refolved to read 
 on \ but the Pope having cauled the lame Advocate to enjoyn him 
 Silence on Pain of being excommunicated, he made his Protelt in 
 the Name of the King of Poland^ and of the Great Duke of Li- 
 thuania, appeal'd to the next Council, and demanded a Record of 
 liis Appeal, iiis Proteft was in Subftance as follows. ' We, the 
 ' Ambaffidors of the King of Poland, and of the Duke of Lithua- 
 
 * nia, befeech your Holinels, that you would pleafe to condemn, or 
 ' to declare as condemn'd, "John de Falkenber£s I>ibel, which con- 
 
 * tains fuch cruel Herefies, as have been, according to Law, con- 
 
 (i) The WolfemhutlJe MS. has not this Claufe, concertiing Matters of Faith, but 
 'lis in all the other Books MS. and Printed. 
 
 L 1 dcmn'd
 
 2(55 The Htjlory of the Council <?/ Constance. 
 
 1418. * demn'dby the College of Cardinals, conrorming yoiirfelf in this Re- 
 i^'VSJ' fpeil to the Sentiment of" all Chriftendom. We moreover demand 
 
 * to have Records and auchentick Certificates fign'd in due Form, 
 
 * by all the Cardinals, by ail the AmbaHaaors and Deputies who are 
 
 * at the Council, by the Prelates, and the Prothonotaries of the Apo- 
 
 * llolical See, of our prefent Requeft, and of our Diligence for the 
 
 * Extirpation of this horrible Herefy. We proteft to your Holinefs, 
 ' before God, that it was not our Fault that the chief Intent of the 
 
 * Council, viz. the Extirpation of Herefies, vyas not exeeuted, and 
 
 * that we have ufed our utmoft Diligence to expole the Diflionour 
 
 * and Detriment done to the Catholick Religion, and to the Chril- 
 
 * tian Prelates, by deferring the Condemnation of Maxims fo injuri- 
 
 * ous to thofe Prelates, and to that Religion. Therefore having a 
 
 * Defire to obey God rather than Man^ in order to purfue the Intent 
 
 * of our coming to the Council, viz. the Extirpation of Herefies, 
 
 * and particularly that of a Libel countenanc'd, as Diabolical as it is, 
 ' by a great number of Perfons, and this too from a Principle of 
 
 * Animofity ^ to the end that your Holinels and the Council may not 
 
 * pretend Caufe of Ignorance, we declare, that if a Remedy be not 
 
 * provided againft it before the End of this Council, we appeal to 
 
 * the next. 
 
 This Affair being thus finifhed, or rather referr'd to another Op- 
 portunity, the Bilhop of Catana^ General of the Order of Domini- 
 (;») John xvL nwj, preach'd a Sermon upon thele A^'ords {a), Te noiv therefore have 
 ^- Sorrow., but I ivill fee you again, and your heart fliall rejoice \ mean- 
 
 ing thereby, no doubt, that another Council would foon be alfembled 
 in order to perfect the Reformation of the Church. 
 The Bull for LXXIII. After the Sermon, the Cardinal de Chalant read a 
 difmiffing Bi,!)^ whereby the Pope diffolved the Council. As 'tis Ihort, it 
 the Council. ^"U j^Qj. i^g amifs to infert it here intire. ' Martin Biihop, 
 T iv""' '" Servant of the Servants of God (i), to tranfmit the Memory ot 
 1560. Izo'y. ' this Event to Perpetuity, and at the Requefi: of the facred Council^ 
 «c(«wB.i4.i8.' we difmifs it, and declare it at an End, giving every one Liberty 
 Scfl". 45. t J.Q return home. Moreover, by the Authority of God Almighty,. 
 *>and of the bleffed Apoftles St. Peter and St. Paul, and by our own 
 
 * Authority, we grant to all the Members of the Council plenary 
 ' Abfolution of all their Sins (2) once in their Lives, fo that every 
 
 * one of them may enjoy this Abfolution for two Months after the 
 ' Notification of this Privilege. We alio grant them the lame Pri- 
 
 (1) Ad pcrpetuam rci mcmoriam ip- ejus notitiam hujufmodi conccfllo perve- 
 fiim Concilium abfolvimus. nit, poflit diftum bencficiam abfolutio- 
 
 (i) Scmel in vita ita quod quilibet de ni» affequi in forma, 
 prjediftis, infra duos meiifcs pcftquam ad 
 
 vilege
 
 TJoe Hijlory of the Council of Constance. i6j 
 
 * vilege in artkulo mortis^ and we extend it to the Domefticks (fa- 141 8« 
 
 * miliaribiis) as well as to the Mafters, on Condition that from the s.y^'s/'--^ 
 
 * Day ol" the Notiticatlon, both the one and the other fafl: every 
 
 * Friday during a whole Year for Abfoliition during Life, and 
 
 * another Year for Abfoliition in articulo ^nortis, iinleft there be 
 ' fome lawful Impediment, in which Cale they firali do other Works 
 
 * of Piety. And after the fecond Year they ihall be oblii^'d to tafl: 
 ' on Fridays during Life, or to do fomc otlier Ads of Piety, on Pain 
 ' of incurring the Dilpleafure of Almighty God, and of the blciTed 
 
 * Apoftles St. Peter and St. Paul '. 
 
 LXXiV. This Bull having been approv'd by the Cardinal deTht Empc- 
 VivierSj who pronounced the Placet in the Name of the whole Coun- 'j?'' ""^^'^^ 
 cil, Hardouin de Navarre^ x^dvocate of the facred Confiftory, and^*^^^;^ ^^^ 
 Dottor of Laws, fliid, by the Order of the Emperor, that he was not 
 ibrry for the Expences he had been at, tlie Journeys he had under- 
 taken, nor the Toils and Dangers he had gone through for the Union 
 of the Church, becaufe it had been fo happily accomplift'd. The 
 iamc Advocate, in the Emperor's Name, thank'd the whole College 
 of Cardinals, and the other Prelates, the Ambaliadors of the Kings, 
 Princes, Lords, Deputies of the Academies, and of all the Societies, 
 for the Perfeverance and Fidelity, with which they had leconded ^ 
 
 him in this Deilgn, and promifed to continue inviolably to the lafl: 
 Breath of his Life, in Obedience to the Church and Pope of Rome, 
 and to defend the Church with all his Power \ declaring at the fame 
 Time, T'bat if there had happen d any Thing in it rohich ivas amifs, it 
 ivas none of his Fault. Thele laft Words were levell'd, no doubt, at 
 two or three Things, which certainly were very ill manag'd in the 
 Council. The firft was, the Imprifbnment of John Hits^ and all the 
 ill Treatment he fuffer'd before he was try'd \ the fecond, the put- 
 ting ott the Reformation, which was but very lamely executed in this 
 Council^ and the third, the obflinateRefufal both of the Council and 
 the Pope, to condemn the Propofitions of John Petit^ and the Book 
 of John de Falkenberg. I have fome Refle£l:ion9 to make upon this 
 Matter, with regard to this laft Sefhon. 
 
 LXXV. 'Tis not eafy to imagine what Reafons Martin V. could ^^"^^''^^ ^^ 
 have for refufing to condemn Falkenhergs Book in a publick Sefnon,*^'*'^-^ °'^ 
 becaufe it h^d been condemn'd by the CommifTioners, by the Na- 
 tions, by the College of Cardinals^ and by Otho de Colom/a himlelf, 
 before he was Pope. Had he not Reafon' to fear that this Refuliil 
 would render him liable to be fivfpected of having bjen corrupted by 
 the Knights of the Teatonick Order, who had induc'd Falkenberg to 
 compofe that abominable Libel, or by the Duke of Burgnndf?, Fac- 
 tion, of which Falkenberg had been the Advocate as vvell as John 
 Petit ? WJiat a monPcrous Difference is there between Otho de Colonna, 
 
 L 1 2 the
 
 268 The Hijiory of the Council of Constance. 
 
 14 1 8. the Cardinal, who fulminated fo terrible a Bull of Excommunicatiort 
 v^'-V~^-> againft John Hus^ on the Part of John XXIII. and that fame Car- 
 dinal, who, when he was a Pope, can be lb gentle to an abominable 
 Dodrine, tending to the Mafiacre of Kings and entire Kingdoms ? 
 Si.ov.adann.A.vi<\ if it be true, as Bzo-vius lays, that Martin \. caus'd his Bull 
 J4'8-p-557againft the Hiiffites to be publilh'd in this SelTion, was he not appre- 
 henfive that his Zeal againft Opinions, which a great Part of the 
 World did not look upon as heretical, would be let in a Parallel with 
 his Connivance at fcandalous Maxims, which, in the Opinion of all 
 Mankind, were deteftable? How comes it to pafs that yWrfr/zw V, con- 
 trary to the Practice of the Council for above three Years, refules to 
 have approv'd or condemn d in full Council, what had been approv'd 
 or condemn'd unanimoufly by the Nations, and that now he will only 
 SeJlarm. He approve what has been before approv'd in the Council ? BelUrmin 
 Ooicil. auH. has pretended, that what Martin V. meant by it, was to ex- 
 Cap. i(). elude from his Approbation the Decree of the Vth Sellion, which 
 eftabliflieth the Superiority of the Council over the Pope, becaufe, 
 fays this Cardinal, that Decree was not pals'd conciliariter, that is to 
 lay, accordmg to his Explanation of this Word, according to the man- 
 tier of other Councils^ after having carefully examined the Matter. But 
 there is nothing more prepofterous than the Opinion of this Cardi- 
 Siuler wtjl. nal, as Dr. Richer has very well obferv'd : For conciliariter fignifies in 
 Csncil.'L. U.fnii Council, and not at all after the manner of Cotmcih. Now this 
 p- ^54- Decree was agreed upon in full Council, and after a tedious and care- 
 cajetan dt ful Examination of the Matter. The Cardinal Cajetan has render'd a 
 atiff. p^pa Realbn for this Declaration odVIartinV, whjch is of no more Weight 
 gp Coricil. j.j^,^„ Cardinal Bellarrnins, viz. That Martin V. only meant to approve 
 *^^P ^' what liad been determined in the Ccuncil concerning Matters of Faith. 
 But who does not perceive that the Queftion concerning the Superio- 
 rity of the Council over the Pope, or of the Pope over the Council, 
 a Qyeftion of Faith, becaufe, for the eftablilhing of either Opinion, 
 the Authority of the Scripture, Councils, and Fathers, is made Ule 
 of ? Befides, if Martin V. had been only inclined to approve or con- 
 firm what had been decided concerning Matters of Faith, he would 
 not have approv'd of the depofing of John XXIII. and Benedid: XIII. 
 the Refignation of Gregory XII. and his own Eleftion, becaule thole 
 j\£ts are not Matters of Faith. 'Tis therefore more clear than the 
 Day, that Martin V. included in his Approbation the Decrees of the 
 iVth and Vth SelTions, and that he only excluded from fuch Ap- 
 probation the Supprefling of the Annates, and the Condemnation of 
 Falkenber£s Doctrine, which had been refolv'd upon by the Nations, 
 but had not been agreed upon in the Council, conciliariter. Ha- 
 ving faid this for the clearing up of a Faft which is lefc to the Rea- 
 der's Judgment, I proceed to another Reflexion which relates t& 
 
 FaJken-
 
 The Htftory of the Council i?/ C o k s t a n c e. 269 
 
 Falkenberg and his Book. I have it from Dlugofs. This Hifto- 1418. 
 rian fays, that the Fathers of the Council, fearing that the Schifm »w/'-\,'-vw 
 would break out again by the Appeal of the Poles, and by the Dil- Dlnirofs's Po- 
 fatisfaftion which they ihew'd with Martin V, prevail'd on this Pope'':/^ Hiftory, 
 to confirm the Council's Sentence againft John de Falkenberg; and that^'^- ^^- P- 
 the very Reconciliation which was then made between the Pope and'' ' ^''" 
 the PohJJ} AmbalTadors, was lb fincere and tender that the Tears 
 trickled down their Cheeks. This lame Author adds, that, at the 
 Solicitation of the Poles, Mirtin V. carry'd John de Falkenberg to 
 Rome, where, after having kept him Prifoner for many Years, he 
 lent him back to Priijjia, with the Confent of the King oi Poland, 
 but not till he had made him retraft his Book. Falkenberg, at his 
 Return into Prujjla, finding himlelf i!! requited by the Grand Mafter 
 of the Teiitonick Order, wlio gave him no other Reward than four 
 Marks of PruJJia, flung the JVloney upon the Ground, and wrote a 
 Satyr againft the Teutonick Order, which was even more levere than 
 his Libel againll the Poles. As he was carrying this Satyr to the 
 Council of Bajil, he was arretted at Strasbourg, by Order of the 
 Knights, and his Writing, and every thing that he had about him, 
 taken from him. He v\ent,neverthelefs, to Bafil, and died in Silefta, as 
 he return'd from the Council. 0{' all thele Particulars I fhall dilpute 
 none with the Polifi Hiilorian, but that of the Reconciliation of the 
 Polijl: Ambailadors to Martin V, and the Sentence which, he (ays, 
 that Pope pafs'd upon Falkenbergs Book in Council, becaule thele 
 Particulars are contrary to the Ails, and to Gerfoti's Complaints 
 in his Apologetic Dialogue. This perhaps happen 'd after the 
 Council ; and I form this Conjecture upon a Letter which the King 
 of Poland wrote to Martin V, at the Beginning of 14 19, complaining 
 of the Injuftice that had been done him in the Council, on occcafion 
 of his Difputcs with the Knights of the Teutonick Order, 
 
 LXXVI. 'Tis proper to inlert this Letter, becaufe it gives the King of Pa- 
 Publick more Light into this Aifair than it can have from the A6b,''^'"''s Letter 
 which are in this Point very defeftive. * In this Letter, the King ^° ^''"'^'^ ^• 
 
 * of Po/««rf' complains to Martin V, that the Nuncios, whom he had /^i" u";^'^ ^'''' 
 
 * lent to accommodate his Differences with the Prujfian Knights, and Lih. xl'^p* 
 
 * not to be his Judges, had conderan'd him, without lb much as hear- 595. 
 
 * ing any Perfon in his Behalf, and that they had aclually publifh'd 
 
 * their Sentence before it had been communicated to him. He rc- 
 ' prelcnts to the Pope, that though his Sentence cannot derogate 
 
 * {Jrom his Right, as his Holinefs himlelf had declar'd ; yet it was 
 ' very prejudicial to his Reputation, becaule it made him pals for a 
 ' Slanderer, and for a Prince who undertook unjuft Wars : That he 
 
 * did not take it ill that the Pope's Nuncios were more in the Knights 
 
 * Intereits than his ^ but that he could not bear to think how unmer- 
 
 3 • cifulh/
 
 ! 70 The Hijlory of the Council of Constance.^ 
 
 ■ cifiilly they had defam''d him to the World, as they had done, by. 
 their Sentence. VVhicIi had render'd the Knights lb haughty and 
 iniblent, that they would not hear the mention of either Peace or 
 
 * Truce : That- thole lame Knights had hir'd John de Falkenberg to run 
 
 * him down every where, as a Deftroyer of the Church, and of the 
 ' Chriftian Religion, though all his Aftions wicnefs'd his Zeal for 
 ' both : That thoie Knights, by violating all the Treaties which he 
 ' Ind made with them, had drawn upon them.felves the juft Effects 
 ' of his Refentmenf. That, after having been defeated leveral times, 
 
 * they returned always to the Charge, inllead of making a good Ufe of 
 ' their Difgraces and frequent Overthrow's : That, when he had gain'd 
 ' great Advantages over them, he was inclin'd to draw off Jiis Troops, 
 
 * at the Recommendation of the Pope and the Kmperor, in hopes 
 
 * that at length he might obtain a Iblid and durable Peace : That, 
 
 * the laft time of all, when he had a good Army on foot in the 
 
 * Neighbourhood of the Knights, he did not care to make ufe of it 
 
 * againft them, becaule it was the Uefire of the Emperor, who lent 
 ' the Archbilhop of M/7«« to him for that Purpofe: That all Alan- 
 
 * kind might judge of his Zeal for the Chriltian E'aith, from the 
 ' great Number of Intidels whom God had converted by his Mini- 
 
 * ftry fince his being baptiled \ but that he fhould have made a much 
 
 * greater Progrefs, if he had not been obffruclicd by the Knights, 
 
 * who wilh'd that all their Neighbours had been Pagans, in order 
 ' to have a fair Pretence for invading their Territories, and wlio 
 ' exceed the moft barbarous People in AO:s of Violence and Cruelty : 
 ' That neverthelels, though the Pope's Nuncios have manifefted lb 
 ' great a Partiality, yet he does not reUiie to enter into a Compofi- 
 ' tion with the Knights, by the Mediation of his Holinefs's fnd 
 
 * Nuncios, provided he will be pleafed to repair the Injury which 
 
 * they have done him by their unjuft Sentence, and heal Jiis wounded 
 
 * Reputation.' Dlugofs, from whom I have this Letter, fays, that 
 Martin V. was very much incenled at the Conduct of his Nuncios, 
 and that of the Knights, which might incline liim to do Jullice to the 
 King of Poland in the Cale of John de Falkenberg. And, perhaps, 
 then it was too that the Reconciliation was made between the Pope 
 and that Monarch's Ambalfadors. 
 
 The Empe- LXXVII. THOUGH the Council was broke up, and every body 
 ror returns j^^^j Leave to return home, yet leveral Tilings remained Hill to be re- 
 ""ji-f/Ts g^lated, both in Spirituals and Temporals. The Emperor took this 
 Opportunity to make a Tour to Zurich ; but, after a iliort Stay there, 
 he return'd with fuch Precipitation, that, as Dacher lays, he kilPd 
 feveral Horles under him. This Hafte of his was alcrib'd to the 
 Death of the Count ^/^ Schiuartzenbourgj one of his Chief Minifters; 
 and to the Report that the Pope intended to depart with all Speed, 
 
 though
 
 The Hijiory of the Council i?/ Constance. 
 
 thouj;h the Emperor had detlr'd him not to ftir one Foot. Indce 1, 
 upon the i^th, Martin order'd all Jiis Officers to fettle Accompts im- 
 mediately with their Landlords^ and on the :d o{ May he caiifed ^p*>l z^. 
 the Concordates to be publifh'd which he had made with each Na- •'*'"> ^• 
 tion. The Gennans and the Englijh were not fo unealy at this Pro- 
 clamation as the Treixh were, v\ho however were not able to hinder 
 
 . it. But when the Concordate was carry'd to Paris by the Bifhop of 
 ylrras, the Parliament would not accept it, and even drew up a Me- 
 morial againft it to be prefented to the Pope. 
 
 LXXVIII. This Concordate was very near the fiime with that jv^i-^'V V's 
 y^\i\z\i Martin V. had made with the Englip and Germans; and they '-•?"'^"'''^="^^ 
 were all form'd upon the Foot of the Articles of the Reformation p '''\ '^'^^ 
 which he had prefented to the Nation?, and of which we have alrea- 
 dy given an txtracl, excepting fome Privileges granted to the Univcr- 
 lity o'l Paris. The Curious, who would compare the French Concor- 
 date with thofe of the Germans and Englijh, may find it at the End 
 of this Hiftory, taken out of the IV^th Tome of Dr. Fon der Hardi'i^- d Hardf, 
 Collection. Richer tells us, that, after the Death of Charles VI,'^;^^- P' 
 which happen'd in 1422, MartinV . fent Nuncios into France to caufc^^-^^^^ „ii 
 the King's Edifts and the Parliament's Arrets in favour of the lA-ftipr. Lib. ir, 
 bcrties ot' the Gallican Church, to be revok'd, and his Concordate top. i^j,, 27,0. 
 be accepted. To carry this Point, thole Nuncios eftabliih'd it for a 
 Maxim, That the Sentence of the Pope mafl be obefcl, even ivhcn ^tis 
 unjuft. Gerfon confuted this Maxim, and maintain'd, that the Kings 
 of France^ by fvvearing, on the Day of their Coronation, to maintain 
 the Liberties of the Gallican Church, were oblig'd to oppole, as 
 
 xXJfurpations, the Sentences of any Paftor vvhomlbever, even thofe of a 
 Pope, when they were contrary to thole Liberties. But afterwards 
 the Pope managed the Matter lb well by his Promifes, and by the Cre- 
 dit of the Queen 0^ Naples and the Duke oC Bretagne, that, in i^i^,'"'- 'f- ^"r^^i- 
 Charles VII. publilh'd an Edict contradictory in leveral Things to'^- ^^- P- 
 the r,iberties of the G^///Va« Church. ^^°^' 
 
 LXXIX. On the 26th of January, the Pope granted to the Em-The Pope 
 peror, for one Year, the tenth Part of the Ecclelialtical Revenues of£.''3"t'' ^^^' 
 Germany, and of the Dioceles of Triers y Baft I and Liege, towards ma-^ P"°'" ^ 
 king him Amends for tlie Sums he had expended, in the Courfe cfTenths upon; 
 leveral Years, for the Union of the Church. The Bull for this Pur-theCleigy of" 
 pole is to be feen in the lid Volume of Dr. Fon der Hardfs Col!ec-G<->-'"'i"y. 
 tion (1). It was drawn up almoft in thefe Terms. ' The Pope, by!j,'|j^'"'f' _ 
 
 * the Advice of the Cardinals, and with the Confent of the Prelates, ' ■P"'^^*' 
 
 * and other Beneficed Perfons in Germany, grants to the Emperor, 
 
 (i") All the Piecos relating to this Affl^ir have been found in MS. in the Royal Li- 
 brary at Strl'in.
 
 272 The Hi (lory of the Council <?/ Constance. 
 
 14 1 8. ' for one Year, the Tenths of all the Eccleflaflical Revenues of (?«•- 
 ^_/-Y'X.'' rnariyy and of the Diocefes of Triers, Baftl and Liege, except tlie 
 ' Revenues of the Cardinals, and of the Holpitals oi St. John, and 
 ' of the Teutonic Order ; and this notwithftanding all manner of Pri- 
 ' vilegcs and Exemptions.' The Commifficn for levying this Impoit 
 having been granted to the Archbilhop of Riga, and to the Biihops 
 of PaJJaw and Brandenbourg, as appears by a Letter to them di- 
 rected Irom the Pope, thole Prelates publiih'd very ievere Orders 
 upon it througliout all Germany, even lb far as to threaten the dif- 
 obedicnt, not only with the major Excommunication, but even with 
 military Execution and Impiifonment. This Mandate is dated the 
 2d oi May at Co-iJlance, and fign'd by Jvhn Abundi, then Archbiihop 
 of Riga, and by John de JValdoisj, Bilhop of Brandenbourg. John 
 George Count de Hobenlo, Bilhop of Pa£a-iv, one of the three Com- 
 miffioners, was abfent. The Elector of Brandenbourg, the two Princes 
 of Bavarut, the Archbifhop of Colveza, the Bilhop o\ Lubcck, the Bi- 
 ihop of Trazu in Dahnatia, and the Bilhop of Coire, were call'd to 
 be V\itnciics of this At\. Ncverthelels, this Aifair was attended with 
 Difficulty. The Churches of Germany made Iti enuous kemonltrances 
 upon it to the CommiUioners appointed to fee this Bull put in Exe- 
 aition j and, for this End, they made ufe of the Pen of a Civilian of 
 Florence, call'd Dominic de Geminiano. They take notice, 1. That this 
 Bull of Martin V. is contrary to another of that Pope's IjuIIs, whereby 
 See the ^^ declares that he will impole no Tenths upon tlie whole Body of 
 XLIIMSef-the Clergy, in any Kingdom or Province, without the Confent of the 
 fioa Prelates of fuch Kingdom or Province, or of the Majority thereof, 
 
 which, they fay, was not had upon this Occali on. 2. That the Me- 
 naces of Corporal Puniihment denounc'd in this Bull, are contrary to 
 a Bull of Boniface WW, which expreisly forbids tlie employing of the 
 Secular Arm againft thole who rcfufe to pay the Tenths, and which 
 excepts out of that Number leveral Peifons and Beneticcs that arc 
 not excepted in that of Martin V. : . They demand that thole Tenths 
 may be moderated according to the Rate of thofe which were ibr- 
 merly granted to Charles IV, the Father of Sigijmond\, and that luch 
 may be excepted as ought to be excepted according to the ancient 
 Conditutions. 4. That it may be lawful lor the Complainants to 
 appeal, and that Excommunication may not tale Place during the 
 Appeal. It does not appear by the Acts, what was the Councirs 
 Relblution upon this Atlair, nor even whether thty took Cognilitnce 
 of it: But tis certain, that it made a \ery great Nuife; and that 
 what the Pope had granted to the Emperor, as a Rev^ard for having 
 procur'd Peace to the Church, had like to have occafiond a great 
 V\ar in Germany. 
 
 LXXX. The
 
 The Hijiory of tfjeX^owncW of C o n s ta n c e. sy^ 
 
 ' LXXX. The Pope had taken all the neccfiary Meafures pofTi- 
 bJe with regard both to his Interefts and Authority. Ke pre- 
 tended he had fLilfill'd the Promilc wliich lie had made to reform The Pope 
 theCJiiirch, by the Decrees which he pubHilfd in the XLIIId Ser-g.^,^,:;g^""^^= 
 iion, as he then declar'd: And even the Nations, either by lair Means, tuie! ^" 
 or Force, ieem'd to acquiefce in it. The Concordatcs, which he made 
 with each of them leparately, had been pubhfli'd, and he had 
 depolited them in his Chancery, of which he had alio pubhih'd tlie 
 Rules. John XXIII. had acqiiiefced in his being depofed : Gre- 
 ^erjXII- v.'as dead: The Council had depoled ^f/zcrZ/VT ; And .4/^;-//« V. 
 had nothing more to demand, or defire, of the Affembly in this re- 
 Ipeft. 'Tis true tliat none of the Nations, except the Italians, had 
 any great Realbn to be farisfy'd with this Pope. The French had 
 not acquielced in his Concordate, becaule it was contrary to the 
 Liberties of the Galilean Church j and his obftinate Refufal to con- 
 demn the Errors oVJohn Petit was another very lawful Plea for the 
 Difguft of the Ambafilidors of France. The Poles had appeafd from 
 his Judgment, or rather from his Denial of Juftice, to the next Coun- 
 cil. The King o^ Jrragcn was incens'd by the Denial he had given 
 him relating to the Benefices oi Sicily. I'Jic Clergy of Germany wcvz 
 oppreis'd by the Order he had iliued to levy the Tenths of the Ec- 
 clefiaftical Benefices for one Year to reimburle the Emperor. There 
 did not appear any publick Dilguft on the Part of the Englijlj-, but 'tis 
 certain, that the poor Effay towards a Reformation, which he had 
 made in the XLIlId SefTion, did not anfwer the Hopes which they 
 had, for a long time, conceiv'd of it. From the Reign o'i John Lack- 
 land, wlio, by a ibicmn Aft, made that Kingdom tributary to the 
 See o'i Rome, down to the Reign o'i Henry VIII, who fliook off that 
 Yoke, the Englijh inceffantly complain'd of the Pope's tyrannical Ex- 
 ailions. Henry III. made vain Efforts in the Council o'i Lyons to deliver 
 himfelffrom this Slavery^ and as to what was done in this Matter, un- 
 der the Reigns of the Edwards, v^z have mention'd it elfewhere. That 
 was the chief Motive of JVickliffh Preaching; and fmart Pieces were 
 written every Day upon the Subjeft from that Time till the Council 
 of Conftance, as will be \tcn hereafter. But we are inform'd, by 
 Mr. Collicrh tccleliaftical Hiftory, that, as foon as Martin V. liad c»//.V.s Hi- 
 left the Council, he did not give himfelf much Trouble about the'^"T °f ^"4- 
 Concordate he had made with the EngUJlj. He affum'd to him- '"'■'■• ? '^'^'* 
 lelf the Dilpofal of all the Biiliopricks, diliolvM the Elections of the 
 Chapters, and, in the ipace of two Y'ears, created thirteen Biihops in 
 the Province of Canterbury. The fame Author adds, that about the 
 fame time he made his Nephew, Profper de Colonna, though only 
 -fourteen Years of Age, Archdeacon o'i Canterbury. But to leave that 
 as it was, and to return to the Council, Martin V. finding himleif 
 V.OL. II. M JTi recognized
 
 274 '^^^ Hijlory of the Council «?/ Co n s T a n e b. 
 
 1418. recognizd almoft by all Chriftendom, did not much value all thele 
 
 ,./"^,^-^ Difgufts, and ainiM at notiiing more than to return, with all Speed, 
 
 to Ital)'^ tliere to eft.ibliih his Authority, and to retrieve the Aifairs 
 
 of the See of Rome, which were at that time in great Dilbrder. 
 
 it^_)'4 Therefore, on IVeduefd.iy the 4th of Miij, he caufed publick Notice 
 
 to be given, that he was refolv'd to let out on the Monday following^, 
 
 without Delay, from Ccujiaucc. It feems that they did not expert 
 
 his Departure would be fo fpcedy. The Emperor was furpriz'd and 
 
 offended at it. He very earneftiy intreated him to ftay the reft of 
 
 the Year out at Conflance^ in order to put an End to leveral Aftairs 
 
 mntleek, at. vvhich ftill remain'd to be fettled. He would alio fain have engag'd him 
 
 r. d. Hardt, to fix his Court and Refidence in Germany ; and, for this Purpofe, he 
 
 T. IV. p. Oifer'd him Baf.l, Strasbourg, Mentz, or any other Town he would 
 
 ^5^°' pleale to make choice of Platina informs us, that the French^ on 
 
 the other hand, did all tirat they could to engage him to fix his See at 
 
 Avignon, after the Example of fome of his Predecelfors. But to thefe 
 
 Jeveral Inftances he made Anfwer: ' That what was defir'd of him 
 
 * was not in liis Power to grant : That the Patrimony of the Church 
 
 * was at the Mercy of Plunderers, in the Abfence of her Shepherd, 
 ' thro' the Tyranny of leveral Bifhops, who manag'd it as they 
 
 * pleafed : That the Capital City of Chriftendom was cruelly expofed 
 
 * to the Calamities ot War, Famine, Peftilence and civil Dilcord ; 
 " not to mention the Churches and Chappels of the Holy Martyrs, 
 ' moft of which were fallen to Decay, and that they would all run to 
 
 * Ruin if there was not Ipeedy Help.' He intreated them to yield to 
 Realbn and Neceffity, becaule, after all was faid and done, as he had 
 been acknowledged by tlie whole World for St. Peter i Succelfor, it 
 was but juft that he iliould go and feat himfelf on the 'throne of that 
 Apoftle ; and that as the Church of Rome was the Head and ^iother 
 of all the Churches, it was abfolutely neceflary that the Soveraign Pon- 
 tiff Ihould refide at Rome, as a good Pilot ought to keep at the Stern^ 
 and not at the Prow of the P\[fsl. They were ibrc'd to acquiefce with 
 thele Reafons, without being able to obtain more than a Delay of 
 a few Days. Therefore he caus'd publick Notice to be given on that 
 very Day, that all who intended to accompany him, muft prepare to 
 let out in a Fortnight's Time for Geneva, where he had refolv'd to 
 keep his Court till he could remove to Rome with Safety. As it 
 was impofttble to retrieve the falle Step the Council had made 
 in chufing a Pope before all the Articles of the Reformation 
 of the Church were well fix'd, the Emperor, who could not detain 
 Martin V. any longer, thought alio of his own Departure ; and, with 
 this V^iew, he lent the Duke ofBrieg to Ba/il, to order I>odgings for 
 him. Mean time, there was no want offolemn Proceftions, and the 
 Pooe diftributed Induli^encies to the Inhabitants of the Town> whofe
 
 torn' 
 
 The Hiftory of the Council (?/ C o n s t a n c e. • 2/5 
 
 Bells were all fee a ringing. The Emperor, on his Part, after having 141?. 
 Jettlecl the sixpences of his Court with them while he ftay'd at -.^'"v^sj' 
 Conjtance, publickly tliunk'd the Magiitrates and Burghers for their ^-ly 14. 
 good Offices. 
 
 LXXXI. At length, on the 15th n't May, the Pope celebrated The Pope 
 his laft Mais in the Catiiedral Church, and let out next Day in great |5^^" ^S""' 
 Ceremony, being accompany'd by the Fmperor and the other Princes,-' "^^ ^ . 
 without Itaying for Frederick^ the Count de Colonna, his Uncle, who '' 
 
 was on the Road to go with him, and who did not arrive at Conjlancc 
 till the 26th of May. The Ceremony o'i Man'inNh Departure is thus 
 related by Rekhenthal. Twelve led Horles went firft with Scarlet 
 Houlings, which were foUow'd by four Gentlemen on Horfeback, 
 bearing four Cardinals Caps upon Pikes. After them, a Priefl: marclf d, 
 bearing a Crofs of Gold, who was follovv''d by another Prieft, that., 
 carry 'd the Sacrament. Twelve Cardinals march'd next, adorn'd vvith^J^' 
 their red Hats, and follow'd by a Prieft riding on a white Horfe, and 
 ofiering the Sacrament to the Populace, under a kind of Canopy fiir- 
 roundcd by Men bearing Wax Tapers, After him follow'd John de 
 Sufatc, a Divine oK IFeftphalia, who likevvife carry 'd a golden Crofs, 
 and was encompafs'd by the Canons and Senators of the City, bearing 
 Wax Tapers in their Hands. At laft, the Pope appear'd in his Pon- 
 tificalibus, riding on a white Steed. He had upon his Head a Tiara^ 
 adorn'd with a great Number of Jewels, and a Canopy was held over 
 .4iis Head by four Counts, viz. Eberhard Count de Nellenbourg, Wil- 
 liam Count of Montferrat, Berthold Count ot Urfins, and John Count 
 de mrjlein. The Emperor held the Reins of the Pope's Horfe on 
 the Right I'and, being follow'd hy Lev: is Viukt o? Bai-aria o'i Ingol- 
 Jladtj who held up the Houfing, or Hoifc Cloth. The Eleftor of 
 Brandenbourg held the Rei s on the Left- and behind him Frederick 
 o'i Auftria perform'd the fame O'r^ct zs Lei^iis of Ingoljladt. There 
 were four other Princes on both Sides, who held up the Horfe- 
 Cloth, The Pope was follow'd by a Gentleman on Horleback, who 
 carry'd an Umbrella to defend him in cafe of Need, either from the 
 Sun or Rain. After him march'd all the Clergy, and all the Nobi- 
 lity, on Horfeback, in fuch Numbers, tliat they who were Eyc- 
 witnelies reckon'd up no lels than forty thouland, befides the Multi- 
 tudes of People that follow'd on Foot. When Martin V. came to the 
 Gate of the Town, he alighted from his Horl^, and chang'd his 
 Prieft's Veftments for a red Habit. Ele alio took another Hat Ci"), 
 and put that which he wore upon the He;id of a certain Prelate wlio 
 is not nam'd. Then he took Horfe again, as did alfo the Empcior 
 and the Princes, who accompany 'd him to Gc//fiJf», where he embark "d 
 
 (i) My Author has not faid before that the Pope had a Har. 
 
 M m 2 en 
 
 y
 
 iv,€ The Hijlory of the Council of Con s t a n c e. 
 
 141 S. on the Rhine for Schaffhaiifin, The Cardinals, and the reft of his 
 L/^'V^^SJ Court, follovv'd him by Land, and the Emperor return'd to Conjlance 
 
 with the other Princes. 
 
 The Depar- LXXXII. There being nothing more to do after the Pope was 
 
 Em ero '^d S°"^' C-verybody piepar'd to depart. The Archbifhop of Gnefm, and 
 
 feVeral Am- ^^-^ Other Ambaifadors of Poland, went aw.^^y very much dilguftcd 
 
 b:»fradors. th:it they had not been able to obtain Juflice againft Falkenbeyg\ fedi- 
 
 Mayin. tious Book. Gerfon, who had upon all Occafions exprels'd a Zeal to 
 
 no Purpoie, for the Condemnation of another Author of the lame 
 
 Stamp as Falkenberg, was oblig'd to baniih himfelf (i), and being a- 
 
 fraid to venture into France, where the Duke of Burgundy was then 
 
 Lord Paramount, he retir'd to Rathenhourg in Bavaria, where he was 
 
 very well receiv'd by Duke Albert, and where he compofed leveral Pieces 
 
 in his own Defence. In. 1410, he went to Lyons, to the Convent of 
 
 the Cdeflins, of which Nicholas Gerfon, his Brother, was the Prior, 
 
 In this fblitary Retirement, he com.pofed leveral Trads, and died 
 
 there in Peace in 1429, aged fixty fix. 
 
 The Eleftor o'lBrandenbcurg, after having fignaliz'd himlelfatthe 
 Council in an extraordinary Manner, by his prudent Councils, and by 
 the indefatigable Pains, of which he always bore a Part with the Em- 
 peror, for the Welfare of Chriftendom, fetout likewife on his Return to 
 his own Dominions. The Emperor, who had been the moft zealous 
 Perfon for affembling the Council, was one of the laft that left it. 
 '^ay let. Reichenthal lays, that he went back again to Bafil on the ijjth of 
 A'lay, with a Defign to confer with the Dukes o^ Burgundy and Sa- 
 voy J but that this Interview having no EiTeft, he return'd again, in 
 two Days time, to Conjlance, from whence he at laft let out on the 
 'MAyzi.. 2ift oi May. He took the Road oi Strasbourg, with a Defign to 
 vifit fbme Towns 0^ Jlface which belong'd to the Empire. We 
 learn UomTVindcck, that the Emperor had an Interview at Montbel- 
 liard with the Duke of Burgundy, to pacify the Troubles oT France^ 
 and to concert Mealures againft the Count d'Jrmagnac, who was oire 
 of the chief Abettors of them. 
 An Apology LXXXIII. It has before been obferv'd, that fome o? th^ French 
 for the Em- Hiftorians have not been very favourable to the Memory of this Em- 
 F.fPi-. peror. Perhaps they had their Reafons-, and k would be Ralhneis 
 
 to undertake an Apology for his Conduft at this Council in all Re- 
 jpefts. He was ill advifed perhaps on fome Occafions, not well fup- 
 ported in -his good Defigns on others, and perhaps he was fway'd by 
 
 (1) Scfto, Monice, quoniam in Conftan- rens ex4vi cum eodem qui juxta cogno- 
 
 tienfi Concilio gcnerali cum germaiio tuo - men fuum pregrinus cffici maluit in terra 
 
 convcrfatus ufque ad finalem fumnii Poa- aliena, quam ad fuos hue icgredi. Cerf. 
 
 tifif Ls egreffuin, tancjem diverticula qus-. T.I. p. 130.. 
 
 the.
 
 The Hijiory of the Council <?/ Constance. 277 
 
 the Principles of Education, to commit fome A£lions that have caufed 1 4 1 8. 
 a Stain upon his Memory. It mufl be left to Politicians, or Men of (-/""^^NJ 
 Speculation, to explain the Motives of human Aftions, or we are 
 bound to believe them good when they appear fuch. We cannot rc- 
 fufe Sigifmond the Praile of having behav'd throughout this great Af- 
 fair, as a truly Chriftian Hero, liirmounting the greateft Difficulties, 
 and fubmitting to none but liich as could only be overcome by Wars, 
 and greater Diforders than thofe which he delir-d to remedy. He 
 oblig'd John XXIII. to aiTemble a Council in a Place where that 
 Pope, who was the Abhorrence of all Mankind, was not in a Condi- 
 tion to baffle Chriftendom, as he and his Competitors had all along 
 done. He humbled him to fuch a Degree, that he obliged him to 
 fet his own Hand to the AO: for depofing him \ and, in order to re- 
 duce his Adherents and Abettors, he made the bed Ufe that a Prince 
 could do of his Authority. A Behaviour fb fteddy and vigorous 
 oblig'd Gregory XII. to relign the Pontificate, for fear of incurring 
 the fame Dilgrace as _7''/-''^ XXIII. Nothing more remain'd to be 
 done than to oblige Benedin: XIII. to return to his Duty, and to 
 keep a Promife, which he had fo often made with Solemnity, but 
 always evaded with the greateft Obftinacy. The Emperor went, in 
 Peribn, to Jrragon, amicably to difpofe the Princes of that Pope's 
 Obedience to abandon him. He fucceeded in that Negociation, with 
 refpect to the Princes and the People ; and though he could not work 
 upon that Anti-pope, he made fuch Oifers to him, however, as left 
 him quite inexcufable, and juftify'd the Council in depofing him, . 
 Long Experience, and, even not to go farther backward, the Exam- 
 ples of thole three Competitors whom they had found To much Dif- 
 ficulty to reduce to Terms, had made it very plain, that the Refer- ■ 
 mation of the Church, efpecially in its Head, would never be brought..: 
 about by the good Will of any Pope. All Things authcrifed the - 
 Council to undertake the Reformation before the Eleftion of a Pope, , 
 becaule the Council had been declar"d diperior to the Pope, and had 
 affum'd the Authority of fetting three of them afidc. The Emperor 
 ftrenuoufly infifted upon this Reformation before they proceeded to 
 the Choice of a new Pope. But the Intrigues of the Cardinals, the 
 Mifundcrftandings between the Nations, the PrepoffefTions of fome 
 in favour of the Pope's Supremacy:; all thcfe Things together frullra- 
 ted the good Intentions of this Prince, which Vtxre fuliy juitify'd by 
 the Event of Things, becaufe it was impoirible ever to attain to a ■ 
 Reformation of the Clergy, after having loft fo fair an Opportunity 
 as they had of doing it while there was no Pope in being. 
 
 LXXXIV. Thu; ended the Council oi Confiance, in which Thing? The Conda- 
 were tranfailed tha'; Lire truly worthy of being remembered to the End |jf " »' ^hc 
 of Time. But the Sufcefs of it was far fliort of anfwering die Hopes ^•^""^''• 
 
 which .
 
 I4I' 
 
 278 Tlie Hifiory of the Council of Co n s t a n c e. 
 
 which Chriltendom had ReaJbn to conceive from it. Per Ions were 
 committed by it to the Flames, whofe greatett Crime was their VV;inc 
 of Patience and Submiffion, and their having inveigh'd with too much 
 Fury againft fuch Abules as were not only condemn'd by all Mankind, 
 but diiapprov'd of by the Council itlelf On the contrary, they 
 fparcd fuch pernicious Errors as tended to the Subverfion of whole 
 States, and to the Overthrow of the moft capital Maxims of the 
 .- Chriftian Religion : Nor could the Union of the Church be car- 
 . ry'd to any Degree of Perfeffion, becaule Beneditl XIII. was ftill fup- 
 ported, at lealt lecretly, by a King that was out of Humour with the 
 new Pope. But the Foible of the Council is in no rcfpeil To mani- 
 feftly fcen, as with regard to the Reformation of the higher and in- 
 ferior Clergy, that is to fay, the Pope, his Court, the Prelates, the 
 inferior Clergy, Regular and Secular, the Monks and Monaileries, 
 though ii' appears from all Authors who have treated of this Coun- 
 cil, that fuch a Reformation was the chief End of it. Mean time, 
 fince tiie want of this Reformation ought to be chiefly imputed to 
 the Pope, the Cardinals, and Ibme other Prelates, corrupted by the 
 Hopes of IJenetices and Ecclefiaftical Dignities ; and as the Council 
 was ierioully engaged in that Work by its Deputies, 'tis abfolutely ne- 
 ceffary, both for the Juftification of the Council, and for the Truth 
 of Hillory, to report what pafs'd upon this Head among the Com- 
 miirioners chofen by the Nations for the Reformation of the Church, 
 As the Things in queftion were little more than Beneficiary Matters, 
 in which few People are concern'd, this Article is plac'dat the End of 
 this Work, by way of an hiilorical DilTertation, which makes the 
 Seventh Book. Though it will only be read by fuch as are curious 
 to know thele Matters, yet neverthelefs it will remain to Poflerity. 
 LXXXV. But before we enter up'jn it, the Reader perhaps will 
 ^U Affairs of "°'- ^^ difpleaied if we conclude this Sixth Book with a fliort ge- 
 i.m-ofe, and neral Review of the A.ftairs of Europe, and of the State of the Church 
 the State of during this Year, and at the Opening of the next. We will begin 
 the Church, y^itih Italy. When Martin V. fet out from Conftance for Italy, he 
 jTALr. pj^pgYi through Schaffhatifen, and from thence went to Berne, where he 
 itay'd ibme Days, and lodg'd wich the Dominicans. From Schajfhaii- 
 fen he went to Geneva, where he had promifed to keep his Court for 
 a while, to give fbme fort of Content both to the Germans and French^ 
 becaufe that City is fituate betwixt France and Germany (a). He ar- 
 {a) sponl riv'd there on the nth of June, accompany'd by fifteen Cardinals, 
 num 'ix' " ^"^ ^^^ Duke of Savoy, and lodg'd with the Cordeliers of Riva. While 
 he flay'd there, he celebrated two folemn Malies i the one in St. Pe- 
 ter's Church, upon the FeafI: of St. Pe/rr and St. Paul; the other up- 
 on the Alfumpticn Day, in the Church of our Lady of Grace. They 
 -iay, that this Pope made a Statute, forbidding the Admiffion ot any 
 
 Canon
 
 The Hi/lory of the Council <?/ Constance. 
 
 Ganon in Sc. Peter\ Church who was not a Gentleman, or a Do£lor of 
 one of the Faculties {ay In this City, he gave Audience to the Am- 
 baffidors from Avignon^ who came to take the Oath of Allegiance toC") Hiftor. 
 liim Qj). Mention has ah'eady been made of fome of this Pope's ^^^ °^^*" 
 Bulls, dated at Geneva. There is another of them, dated the lUhfj!"*^^ ^ 
 oijime, wherein Martin gives a Difpenfation to John Count de Foixann. 141 s. 
 to marry Blanche, who was Siller to his firft Wife, Joan, the eldefl num. xxxvL 
 Daughter of Charles King of Navarre. The View of this Difpenfi- 
 tion was to fecure to the Count dc Folx the Succeffion to the King- 
 dom of Navarre, of which Blanche was the prefiimptive Heirels. 
 One of the Continuators of Baronius, who has recorded this Bull, 
 fays, his Reafon for inlerting it was to fliew that Dilpenfations of 
 this kind being not unprecedented, when Jitlius III. gave one much 
 like it to Ilcnry VIII, the latter was in the wrong to break with the 
 See of Rortic upon that Head (c). I'he Annalift leems to me to have(0 RayK^U. 
 miflaken the Fafl (i)^ but that is his Bufinefs, and not mine. A-"""- '^tS- 
 mong the Acts in Mr. Rymeri, Fccdera, we find two Bulls dated at """"• ''^'^'^• 
 Geneva the iSth o^ Jiiguft, 141 8. By the one, Martin V. permits 
 his mod dear Son, the King of Enghnd, to tranflate, or to caule de- 
 cently to be tranflatcd, by devout Perlons, fbme Part of the lacred 
 Relicks in the Metropolitans Cathedrals, and other Churches or F.c- 
 clefiaftical Places of the Duchy of Normandy, and other Provinces 
 of France, which were, or fliould be, under the Dominion of Henry Y, 
 to be depolited in other Places, and expoled to the Veneration of the 
 People, where-ever he fliould think fit, and^according to the Didates 
 of his Devotion and Confcience. 
 
 By another Bull, Martin V. permits Henry V, and his Succefibrs, 
 to have two or more portable Altars (Portatilia) that he and his Re- 
 tinue may be able to attend at Mafs and at Divine Service in Places ■ 
 that are interdifted. The Claufes of this Grant are worth mentioning. 
 I., The Divine Service ihall be performed not at Night, but before 
 Day-break. The Bull gives two Rcalbns for this Precaution;, Not in ■ 
 the Night, becaule our Lord Jefus Chrift, the Son of God, who is 
 Whitenefs and Light everlafting, being facrific\l upon the Altar, it 
 would be indecent to perform it in Darknefs. Before the Break of 
 Day, in order not to prejudice the Prerogatives of anotiier, that is to » 
 lay, of the Pope in liich Places as he Ihall put under an InterdiO-. 
 1. This Grant fuppofcs that the King of England, or his Retinue^ . 
 has not given Occafion for the Interdifl:, becaule in this. Cafe it 
 
 (i) Henry VIII. did not brc.ik with the -would nof revoke that Difper.fatk'ii, and. \ 
 See of Rome, by reafon of the Difpcnfa- dilToIve his Marriage. 
 
 jioji of jftilius III, but becaufc i« X. 
 
 would .
 
 28o 'II^^ Hijhry of ^/jf Council «?/ C o n s t a n c e. 
 
 14 1 8. would not be lawful for him to caiife the Divine Service to be cele- 
 L/'V^^J brated iiny vvliere, or to afOfl: at fuch Service. 5. The Hull orders, 
 tkic the Priell-, who officiates, IJiall labour undei" no Difability (per 
 pioprios vel alios Sacerdotes idoncos^ i. e. by their ovv'n or other capable 
 Priefts)-, tliat tlic Service fliall be perform'd in convenient and decent 
 Places; and that, linally, the King fliall make ufe of this fpecial Grace 
 (-») A-! to and Privilege very fparingly and circumipe£tly (parcc) (a). 
 portable Al- M A RT'I N V. departed from Gtncva, on the T.Aoi September^ for 
 t.ii-s, ice the ]\jiianj where he was receiv'd with great Honours by Philip-Mary the 
 S'r'°:r»J ^^^^^ oi Milan. This Prince was then at war with feveral of his Neigh- 
 bours, who h.iddifniember'djiis Dominions ; and particularly with P(7;z- 
 dolpbiisMalalefla^^vho^ after having taken Bergamo byTreachery,march'd 
 to Brefcia (Brixia), and threaten'd the Duke with nothing lefs than turn- 
 ing him out of his Dominions. But the Storm was laid, at Icafl: for a 
 while, by the Aihltanceof the Venetians^ and by the Authority ot'AIar- 
 tinVy who inclined the Duke to Peace. From Mila^i the Pope went 
 ■ to 3/ii«//.'.'T,' where he ftay'd about four Months, and where he conclu- 
 ded the Treaty between the Duke of Milan and Malatcfla. There he 
 receiv'd Ambaliadors from feveral Cities, fent Legates to divers 
 Parts, and there he negociated feveral Treaties of Peace. His Bull 
 •agaiiill Perlbns guilty of Simony, is alfo dated at Mantua^ and there 
 he admitted Dominic Capranica Clerk, of the JpofloUcal Chamber , which 
 was formerly a very confiderable Office at the Pope's Court. This 
 Dominic was after made Secretary, then Prothonotary, then liifhop of 
 Fenno, and laftly a Cardinal. Martin V. did not think fit to go to 
 Bologna, becaufe quickly after John XXHI. was depofed, the Bolo- 
 gnefe Ihook off the Yoke of the See o[' Rome, and recovered their Li- 
 berty. He went therefore to Florence, where lis flay'd near two 
 Years, till he could tntz'c Rome; one Part of which was in PoiTelTion of 
 General Braccio. If we may believe Poggius the Florentine, and Leo- 
 nard Aretin, who ought to know the Fa£t, Martin V. was not very 
 well receiv'd, nor very well entcrtain'd at Florence. Thofe Autliors 
 lay, that the very Children in the Streets fung, Papa Martina non va- 
 le tin quaitrino, i.e. Po/f Martin m ?!ot "ujorth one BrafsFarthing,mthout 
 being call'd to account for it by the Magiflrates. Tiie Pope diiTembled 
 his Refentment for that time^ being relblv'd to give it vent the firft 
 fair Opportunity : / -will make them hwoj, laid he to Leonard Aretin 
 ih)U>».A*ei-h\i. Secretary, that I am 'worth fomething rdore thnn a Farthing (Z-). 
 Hift. vhrent. Poggiiis, wiio was in other rclpefts a mighty Stickler for his Country 
 ef his Time. ^jj^2s Fault with it for behaving ib ill upon this Occafion. The City 
 fays he, ivas enr:ch''d, and conjidcrably augmented, by the favour of a 
 Jong Peace. Piijfd up with her Profperity, JJie thought fl;e might defpife 
 all Mankind, and the Pope him/elf^ without confidering the Inconftancy 
 
 of
 
 The Hlpry of the Council <?/ C o n s t a n c ^.' 2 Si 
 
 of Fortune J who is never more to be feaid than when Jhe feems to he 141?. 
 fondeft («). Another Thing had flung Martin V. to the quick, viz. (<») fogq't 
 the Support that had been given by the Fhrentines to BracciOj who Hiftory of 
 had fciz'd feveral Towns in the Ecclefiaftical State, not excepting ^^""^ I-'^- 
 Rome itfelf, and the Grant which they had made to that General of ' ^' ^°^' 
 the Freedom of their City (b). Nevcrthelels he regulated feveral Af-C^^ Poggi «5, 
 fairs at Florence. He there receiv'd the four Cardinals of Peter de^"^- 
 Luna, and reftor'd them to their Dignities. Though Martin V. had 
 difcharg'd the Eleflor Palatine from the Trouble of guarding Ba!tha~ 
 far CoJ'a, who had been John XXIII, yet he was rtill in Prifbn at 
 Heydelberg. Some Citizens of Florence, and elpecially Cofmo de Me- 
 dicis, made great Inftances with the Pope for his Enlargement. Mar- 
 tin proniifed it, and alfb lent a Legate to demand the Liberty of this 
 Pope who had been near four Years a Prilbner. But the latter, without 
 flaying for the Arrival of the Legate, purchaa'd his own Liberty 
 with a Sum of 30000 Crowns of Gold, which he paid to the E- 
 ledtor Palatine {c). As Balthafar Cojfa was preparing to go for Flo-^'} vhtw's 
 rence, he was informed that Traps were laid for him upon the Road, J/" y°^ ^^*' 
 upon which he refolved to go and find out his old Friend Thomas 
 Fregofe, who was at that time Doge of Genoa, not without giving 
 great Sufpicion that he was hatching fbme Rebellion, and that he had 
 a mind to renew the Schifm by re-alcending the Papal Throne, be- 
 caufe it was believ'd he could never bring himfelf to like a private 
 Life. Yet fome time after, of his own Accord, and without any 
 Convention, he went and threw himfelf at the Feet of Martin V, 
 and, to the great Surprize of all Mankind, own'd him to be the legal 
 Pope. The latter was fo aflTefted by it, that he created him Cardinal- 
 Biihop of Frefcati (i), and always paid him the fame publick and 
 private Honours as the other Cardinals. But he thought thofe Ho- 
 nours too mean for his Ambition, and did not long enjoy them •, for 
 in a few Months after, he dy'd at Florence (2), where he was ho- 
 nourably interr'd in St Johns Church, which is not far from the 
 Cathedral, with this Infcription upon his Tomb ; Here lyes the 
 Body of Balthazar CofTa, who was heretofore Pope John XXIII. 'Tis 
 faid that thefe Honours were paid him at the Solicitation of Cofmo 
 de Medicis, whofe Treafures were fb much encreas'd by John XXIIFs 
 Wealth, that he was the mofl powerflil Man in Florence, and was 
 reckoned the richeft Man in all Italy, and in Foreign Countries 
 too (6'). While Mjr//« V. was at Florence, AmbafTadors came thi-('/) Platin; 
 ther from the Emperor of Conjlantinople, with an Offer to him to "*• /"i"" 
 
 (i) This Biflioprickisftill poflefs'd by thers that he was poifon'd. Antonin. Th- 
 one of the fix oWeft Cardinals. rent. Hift. Part III. Title XXII. Cap. VII. 
 
 (2) Some fay he broke his Heart, o- Fol. 158. 
 
 Vol. II. N n embrace
 
 282 The Hijiory of the Council <?/ Constance. 
 
 1418. embrace the Faith of the Latin Church, provided he might have 
 — - reafonable Terms. The EmbalTy was very well receiv'd, and the 
 Pope appointed a Cardinal-Legate to negotiate this Affair at Co«- 
 [iantinople. 
 
 At the fame time a certain Monk appear'd, nam'd Mainfroy of 
 Verceil in Savoy, of the Order of Preaching Friers, a devout Man, 
 who boafted he had the Gift of Prophecy. This Monk took it into 
 his Head publickly to preach the ipeedy Arrival of Antichrift, found- 
 ed upon Arguments which he pretended to infer from the Revela- 
 tions j and by his Preachings he drew away a Multitude of People, 
 of all Ages and Sexes, who left their Eftates to follow him, and to 
 form a third Order of St. Dominicky by the Name of the Order of 
 Penitence. The Men liv'd in common apart from the Women. They 
 work'd with their Hands for their Living, and their Converlation - 
 breath'd Innocence, Piety and Charity. Their AfTembly confifted at 
 firft of about 400 Men and :ioo Women, all Lombards. Meantime 
 Martin V, fearing that this his new Inftitution would occafion Scandal, 
 endeavour'd to dilperfe this Congregation, by ordering every one to re- 
 turn home, and forbidding all Perlbns to give them Alms ^ but he 
 could not compafs his End, fb zealous was the Devotion of the Peo- 
 ple to eafe them. When Martin went to Rome, Maimfred follow'd 
 him with his Company, which confifted chiefly of Women, the 
 greatefl: Part of whom dy'd for Want. The youngeft of them, as 
 our Author fays, fuffer'd themielves to be drawn afide by the various 
 Delufions of this Devil transform'd into an Angel of Light. They 
 had a Notion in their Heads that Mainfred would be one Day a 
 Pope > but when Eugene IV. flicceeded Martin V, they abandon 'd 
 Mainfroy, feeing that he was not chofen a Pope, and that Antichrift 
 was not come. There was at that time in Italy a famous Preacher, 
 named Bernardin de Siennay of the Order of the Minor Friers, who 
 drew a Multitude of People after him by his Preachments, in all 
 Parts of Italy, where he was receiv'd with great Applauie. He un- 
 dertook to preach againft Mainfroy, and Mainfroy in his Turn 
 preach'd againft him, but not at all to the Purpoft, becaufe they were 
 unequally match'd. 'Tis reported of this fame Bernardin, that when 
 he faw Jefus Chrift blotted out of the Hearts of Mankind, he thought 
 fit to befpeak a fine Piflure with Jefus Chrift painted in the middle, 
 and oblig'd the Peoph to adore Jefus Chrift in the faid Piilure \ in 
 which he was imitated by feveral Monks of the fame Order, who ex- 
 pos'd the Picture to the Publick in their ProcelTions. 
 
 But fome Ibbcr thinking Perfbns not approving of this Superfti- 
 tion, and fearing that more Honour would be paid to the pifluie 
 than to the Original, laid the Affair before Martin V, who having 
 held a Conftiltation thereupon with the Prelates and DoO;ors, for- 
 bid
 
 The Hijiory of the Council <?/ C o N s t a n c e. jSj 
 
 bid Bernardin this Pra£lice, as very dangerous and fiiperftitious, and 14 ig. 
 the Preacher conform'd to it. Ari Italian Author, who has wrote xy'/S^f 
 the Hiftory of the Biihops of Bologna^ thus accounts for the Origin 
 of this Painting. Bernardin having fiipprefs'd Cards and Dice, the 
 Artifl:, who made the neceflary Pictures for thofe Games, and who 
 got a great deal of Money by it, finding himlelf reduc'd to Beg- 
 gary by Bernardin s Sermons againft Gaming, complain'd of it to 
 him in very tragical Terms. Bernardin, to make him Jbme A- 
 mends, only caus'd the Sun to be painted in Form of a Circle, and 
 the Name Jefus Chrift to be writ within it in fliining Charafters, or- 
 dering the Artift to engrave that Draught, and to fell the Prints i 
 by which, Hiftory fays, he got more Money, than he did by paint- 
 ing the Cards and Dice for Gaming (1). 
 
 We have obferv'd how Joan Queen of Naples ftnt Ambaffa- 
 dors to Conjlance, to recognize Martin V. As ibon as flie was ar- 
 riv'd at Florence^ fhe fent her High Steward, who was alio her Fa- 
 vourite, in an Embalfy to him, to congratulate him upon his Return 
 to Italy, and to do him Homage for the Kingdom of Naples. The 
 Pope, on his Part, ient Peter Morofini, who was a Cardinal of Gre- 
 gory Xllth's Creation, to give her the Inveftiture of the Kingdom 
 of Naples, and to crown her in that Qiiality % but he did this only on 
 Condition that fhe would releafc her Husband James de Bourbon^ 
 Count de la Marche (2), whom ihe had confin'd a long time in Prilbn, 
 that Ihe might indulge herfelf with the greater Freedom in her Plea- 
 fures. Mean time this Morofmi, known by the Name of the Cardi- 
 nal of Venice^ was too illuftrious a Prelate to be only mention 'd cur- 
 forily, as he has hitherto been. Pope Alexander V, after his Elec- 
 tion, lent him into Germany to Sigifmond, to offer him Affiftance a- 
 gainft the Turks, who had gain'd a fignal Vi£tory over the Chrifti- 
 ans at the bloody Battle of Nicopolis, wherein a great Part of the 
 French Nobility peri&'d. The Legate accompany'd Sigijmond every 
 where in another Expedition to Hungary and 'turkey, wherein that 
 Prince was as unliiccefsful as before, by the Lois of another Battle 
 with the Turks near Semendria in Servia. Sometime after this, he 
 was at the Council of Confiance at the Eleftion of Martin V, who, as 
 was juft now oblerv'd, fent him Legate to Naples. He dy'd about 
 Ninety Years of Age, in 1424, at Gallicano r\zzx Rome, where a mag- 
 
 (i) Anttnin. Florent. Hi ft. Part III. cient Inftitution, and the OhfervMtint 
 
 Tit. XXII. Cap. VII. §. V. Fol. CLIX. fuch as kept to Bemardin's Reforma- 
 
 Sigen de Epifcop. Bonon. ap. Sportd. ar.n. 1419. tioii. 
 
 Num. IV, V. From BernarJin came the (2) This Prince was a ftfonk of the 
 
 Diftin&ion of Conventual Triers Minor, Order of St. Francii^ and dy'd at Be- 
 
 and of the Ohfervantins. The Contien- fancon, in 1438. 
 
 tnalt were they who adh«r'd te the an- 
 
 N n 2 nificenc
 
 284 The Htjlory of the Council (5/ C o n s t a n c e.' 
 
 1418. nificent Tomb waserefled for liim by Order of the Senate of Venice'. 
 v^-V"^^ As he retain'd his full Strength of Body and Mind to the laft, Hil- 
 tory reports, that he faid on his Death-bed to thoie who were a- 
 ftoniih'd at him, That the Vigour of the Mind was to he preferv'd by 
 Innocence^ and that of the Body by Frugality (a). 
 («")£??. p.'/f- As the General Braccio ilii! kept Pofleffion of great Part of the 
 im. DoB. Lib. Q-^y Qf _Rur/!e, and St. Peter's Patrimony, without having Regard to 
 ^18^ ^"^' ^^^^ Remonftrances of the Pope, the latter thunder'd out an Excom- 
 munication againft him and his Accomplices, but they delpis'd it to- 
 that degree, that they excommunicated the Pope himfelf How- 
 ever, not long after, this General made his Peace with Martin V> 
 by the Mediation of the Florentines^ who, as has been oblerv'd, were 
 always his very good Friends. Though Martin V. had exprels'd. 
 his Dilguil at it, and though he could not forget the Ballads that 
 had been fling againft hira in the Streets, yet he relented at this- 
 Speech of Leonard Aretin his Secretary. * Is it poffible, Moft Holy 
 
 * Father, that you fhould give heed to the Tattle of Children ? la- 
 
 * what City have you found more Charms, or receiv'd more Advan- 
 
 * tages, whether with regard to yourfelf, or the See of Rome^ than 
 
 * in Florence ? You was receiv'd there when you had not a Foot 
 
 * of Temporal Domain in the World. All your Cities were in the 
 
 * Hands of your Enemies. Bologna was revolted •, lb that when you 
 
 * went from Ferrara to Floreftce, you was oblig'd to go a great Way 
 ^ round about, through the Territories of Ravenna and Forli, Ic 
 
 * was during your Stay here, that Bologna and the other Cities re- 
 ' turned to their Duty, to which nothing contributed more than the 
 ' Negociations of this Republick ; by whole Mediation alfo Braccio 
 
 * made his Submiflion, and reftor'd the Town which he had u- 
 
 * flirp'd. Here it was, that you had the Glory and Satisfaftion of fee- 
 
 * ing the Spanifi Cardinals come to recognife you j and here it was, 
 
 * properly fpeaking, that the Three Obediences were united in your 
 ' Perfbrr. John XXIII. could never prevail with himfelf to go and 
 
 * malce his Submiflion in any other Place but Florence^ where he was 
 
 * fafe, and had a great many Friends ', Martin being appeas'd, and 
 wrought upon by this Speech, fent for the Magiilrates of Florencey 
 and thank'd them for their favourable Reception, and their good Of- 
 fices. Among other Teftimonies of his Gratitude, he made their 
 Church a Metropolitan, and then fet out for Rome. 
 
 ^fAiiJ. 'Tub Pope, as was obferv'd, had fent the Cardinal of Pifa into 
 Spain, with ftrong Letters of Recommendation to the King of Ar- 
 ragon, to eagage Benedi£i to recognize the Council, and the Pope whom 
 it had elefted, in order to put a final Period to the Schifm. This was 
 a very intricate Commiflion. On the one hand, the King of Arra- 
 gonj being difgufted with Martin^ began again to abet Peter de Luna. 
 
 This
 
 The Hiflory of the Council <?/ C o k s t a n c p; 385 
 
 This Monarch had given a very favourable Reception to the firil 141 S. 
 fmbafly from the Council and the Pope j but being afterwards dif- Kyy'SJ, 
 plealed with the Pope, bccaule he had no Regard to his Pretenfions 
 upon Sicilyj he recall'd his Ambafiadors from Conflance^ reproach'd 
 them for having conlented to the Election of Martin^ to the Pre- 
 judice of the State, and even forbad them Acccfs to his Perlbn, and 
 Entrance into his Dominions. At the fame time he order'd the 
 Prelates, whom he had fent to the Neighbourhood of Pcnlfcola^ to 
 return back, on Pretence they had been there a long lime to no 
 Purpole, and that it was an unwholfome Place for them to flay in. 
 Moreover, he allembled the Cardinals, and Ibme other Prelates vvho' 
 were with Peter de Luna, to conliilt about his Claim to tiie Pontifi- 
 cate, and upon the Validity of the Council of ConJiancCy in Concert 
 with the Cardinal de Mont ar agon. The Refult of this Conference 
 was, that they ihould continue in the Obedience of Peter de Luna^ 
 becaufe it was a very great Doubt, whether Martin V. had been e- 
 lefted canonically. The Reafons they produced were, that the Af- 
 fembly at Conftance was not a Council, becaufe there had been Er- 
 rors committed in the Calling of it. That above eight hundred Pre- 
 lates of Chriflendom were not at it, nor one third of the Patriarchs, 
 Archbilliops and Bifhops. That Peter de Lum had not abfblutely re- 
 fus'd the Method of Refignation, but that he had declin'd to make it 
 at Conftance, becaufe he could not think himfelf fafe there j and that as 
 he had propoled feveral other Places, he ought not to be dcem'd a 
 Schiimatick, much lefs a Heretick, and by confequence the Dcpo- 
 fing of him was null and void. The King enter'd into thefe Rea- 
 fons. In the mean time, before Martin quitted Conftance, he fent a 
 Clergyman of DiftintHon to him, to renew a certain Negociation 
 with him (1). The King, on his Part, demanded Satisfadion for the 
 Charges which he and his Father had been put to for the Union of 
 the Church. The Pope demanded on the other hand, that the King, 
 flaould iecure the Perfbn of Peter de Ltma, but offer'd him no other 
 Amends than the City and Caftle of Penifcola, and what he could 
 get by the Spoils of Peter de Luna in certain Forms (2). The 
 King, in order to amufe Martin V, and at the fame time to fave Peter 
 de Luna, made Anfwer, that he would take great Care of Penifcola, 
 and that Peter de Luna fiiould be his Prilbner there for Life, and acr- 
 cordingly he was confin'd there till he dy'd, 
 
 (1) T-mhio el Rey a Covfiancia unVrocu- Aimal. Anag. Lib. XII. Caf, LXVII. 1%/. 
 tMdor grnn Otrial que fe llama-v.% ycrgt de 152. J'crf. 
 
 Ornos, i. e The King fent to Covfiance an (2) T el dsffojt de Don Pidrt tie Luaa m 
 
 I 
 MjEAN 
 
 Attorney of the Great Comt of Jurtice, derta fsrmtf. 
 
 who was call'd George de Ortios. " S.ritif |'
 
 t26 The Hipry of the Council of Con s t a n c i". 
 
 141S. Mean time the Legate continued at Saragoffhj the capital City 
 L/'~V>sJ of Arragon^ treating with the King who was at Fragues (i), and i(i 
 filing out Fuiminations againft Peter de Lima. The Arragonefe Hif^ 
 torian, from whom we have thele Particulars, tells us alfb, that Peter 
 de Luna\ Party fpread a Report, that this Legate cauled Poifon to 
 be adminifter'd to him, by one Thomas^ a Frier, who was Peter de 
 (") ^t'"^- Luna's Confident. But, as Henry de Sponde {a) obferves, could any 
 Mn. 1424. Yoxim be more mortal to Peter de Luna, than the Age of Ninety 
 *"■" ' Years ? Be this as it will ; if it be true that the Legate caus'd Peter 
 de Luna to be poifon'd, he was dilappointed in his Attempt, becaufe 
 this Anti-Pope out-llv'd him (:). And it is equally probable, that 
 Benedict cffer'd to poifon the Legate, which was alfo reported, 
 becaufe the latter dy'd foon after he return'd from his Elmbaffy, 
 This I leave to the Reader's Judgment. The King however did not 
 totally break with Martin V. He attuaHy fent two Ambaffadors to 
 the Court of Rome\ one was Dom d'Almao de Alur, Bifhop of Gi- 
 rona, a Perfon of illuftrious Birth, and related to the Grandees of 
 Catalonia. The other was Gonfal Garcia de St. Mary. They were 
 to make Inftances to the Pope to obtain the Caftles of Mon^on (]), 
 and Penifcola, of the See of Rome. Don Pedro de Cagarrida, Arch- 
 bilhop of T'arragona, dying about this Time, the King demanded of 
 Pope MartiHj that the Biihop of Siguenca might be promoted to that 
 Archbiflioprick, and that Gonfal Garcia might have the Bifhoprick of 
 Siguenca. I only obferve this, to fhew, that if the King of Arragon 
 protefted Peter de Luna^ he neverthelefs recognis'd Martin., being at 
 every Turn ready to abandon him, and to turn to Benedih again, as 
 fuited beft with his Interefts. 
 fra^NCE. FRANCE was a greater Prey than ever to the Faftions which 
 had for a long time diftraO:ed it. 'Tis true that Martin V's Cardi- 
 nals had negociated a Treaty at Montercau Faut-Tonne., by which 
 the Duke (^Burgundy and the Dauphin were to ihare the Govern- 
 ment of the Kingdom between them, and that the faid Treaty was 
 afiually ratify'd by the Queen and the Yi\At<:>'i Burgundy. But the 
 Armagnacs refufing their Confent to it, the Civil War broke out again. 
 The Burgundians return'd to Paris^ where they committed horrid 
 Cruelties, Among other Diforders, they dragg'd the Archbiihops 
 oi Rheims and Tours, the Bifhops of Laon and Lifieux, Autun, Sen^, 
 lis and Coittance^ to Prifon^ and Ibme Days after, thefe Prelates 
 
 (1) A Town with a Caftle near I.<r?<Jrf, qut Je U ilio bivis alrunot anos ; yd 
 
 (z) Fue cofa muy publica y divu'gada por Legatio faltecio antes. Stirita ul,i fup. Cap. 
 
 /oi que eran devotos de Don Pedro de Lu»a, LXX. Sec alfo the General Hittory 
 
 fue eflando el Legaio en Saragofa procura of Spain, Tom. III. p. 500. 
 
 /« le diejpi veneno, conque murieffe : T an- (3; A little fortify 'd Town in Arragon. 
 
 3 were
 
 The Hijlory of the Council <?/ C o n s ta n c e. 287 
 
 were maflacred, with a great many Noblemen and other Perfons of r^ig. 
 Diftinclion, among whom was the Count d'Jrmagnac^ Head of his Ky^TSJ 
 Faffion. England did not fail to make its Advantage of all thefe 
 Diftiirbances. Indeed, the Cardinal des Urfins^ according to an Order 
 from the Pope, went to Henry V, in hopes to perliiade him to Peace 
 upon reafonable Terms. But the Englift Monarch, who was alrea- 
 dy Matter of Lo-<vcr Normandy^ and !ome Places in Upper Normandyy 
 gave the Legate this haughty Anfwer, Don't yon fee^ that God has 
 led me hither ^ as it were, by the Hand ? 'There is now no King in 
 France •, / have a legal Title to this Kingdom, where every thing is 
 in fuch Conf a/ton that the People dor^t think vf Jlanding out againjt 
 me : Can I have a plainer Token that God, who difpofeth of Crowns, 
 has refolv''d to place that of France upon my Head? (a) He aftiially 
 laid Siege to Roan ; and this City, after having fuiTer'd a long^") ^""J'^s 
 Siege, during which the Bcfieged eat Horfes, Dogs, Cats and -^^^-f, ^^^'^„° t 
 furrender'd at length by Capitulation for Want of the promifed Sue- in/p. g,, 
 cours. In the Hiilory of the Univerllty oT Paris, we find the An- 
 fwer of that Univerfity to feveral Letters which the People oi Roan 
 wrote to them, to foUicite the Court for Succours. It was drawn 
 up in thefe Terms. 
 * Moft Dear and great Friends, We have receiv'd feveral Letters 
 
 * from you, all tending to this end : That we would fbllicite and ex- 
 
 * hort the King and his Council, and the Duke of Burgundy, ta 
 
 * fuccour the good City of Roan againft the Enemies of this King- 
 
 * dom : Whereupon know ye, that we with all our Hearts defire the 
 
 * V\'clfare, Safety, and Prefervation of the Government of the King 
 
 * our Soveraign Lord and his Subjefts. And we know very well, that 
 
 * by throwing Succours into the Town the Country of Normandy 
 
 * may be rccover'd, and that to fufter it to be loft would be the De- 
 ' ftruftion of all that Country without any Hopes of Xecov^ry, and en- 
 ' danger all the Inhabitants of the Kingdom. After your Letters came 
 
 * to hand, we did leveral times reprelent and let forth your Cale and 
 
 * Neceflity to the King our laid Lord, and his Council, and to the 
 
 * Duke of Burgundy, in the bcft and moft affectionate manner rliat wc 
 
 * could, by certain Mafters of Art remarkably well alfeiled, particu- 
 
 * larly the Miniiler of St. Mathurin, M. Peter aux Baafs, M. I'tajfe 
 *■ de Pavilly, and laftly by the Almoner of Tefchamp ana many others, 
 
 * who have ftrenuoufly urged the Dangers and Inconveniences above- 
 
 * mentioned, if your Town be not reliev'd. And we always had a good 
 
 * and gracious Anfwer. And certain Soldiers were actually put in Arms 
 
 * to go againft the faid Enemy, and to bring you Relief and Aflil^ 
 
 * tance, as well with regard to the Siege undertaken by the EngUJJo, as 
 
 * the providing or the Town of Caudebec. And we now believe, that 
 
 * had it not been for other Obftacles and great Troubles, which you 
 
 aaay
 
 s8S The Hijiory of the Council of Co n s t an c e." 
 
 irf.ig ' i^ay very well judge of, confidering the Divifions that are in thiJ 
 v.s^^V'-^-* ' Kingdom, the King would have lent you greater and more Ipeedy 
 
 * Relief. But altho' Things are delay'd by reafbn of the Difficul- 
 
 * ties which flill fubfilt, yet we have good and firm Hopes. For 
 
 * we have found by Experience, that notwithftanding the Duke of 
 
 * Burgundy^ Dilatorinefs in his AHairs and Undertakings, yet he al- 
 *^ ways brings his DeJign to pafs. Wherefore we firmly hope, that 
 
 * at lafl: he will not let you fall into the Hands of the King's and 
 ' your Adverlaries : And that, moft dear and great Friends, you 
 
 * will ilill hold out againft the laid Enemies, and take care of your 
 
 * Perfons, Wives and Children, of your City, which will be loft and 
 
 * undone if it be taken by the laid Enemies, which God forbid ; 
 
 * and that you will alfo take care of the King's Government, for the 
 ' Defence of which you have hitherto exerted yourlelves like true 
 
 * and loyal Subjects. And God, who never leaves thofe that put 
 
 * their Truft and Hopes in him, will comfort and preferve you in 
 
 * your good and juft Quarrel, and the King and the Duke of Bur- 
 
 * gund^ alfo will, if it pleafe God, provide fuch Remedy as ihall be 
 ' to your great Confolation. And wc with all our Power fhall al- 
 
 * ways move and follicite the Thing, till by the BlclTing of God it 
 
 * comes to a good Ilfue, and great will be your Glory and Praife in 
 
 * the Sight of God and Man for the good Conftancy and Fidelity 
 
 * which you ihew to the King and Government j fo that he will, and 
 
 * ought to be inclin'd to reward your Labours and Toils with Fran- 
 ' chiles, Privileges and other Honours, to perpetuate the Memory 
 
 * of your Valour and I^oyalty. May the bleifed Holy Spirit take 
 
 * you into his lacred Proteftion, and give you Strength and Valour 
 ^. . , * to refill your Adverfaries. Dated at Paris in our General Con- 
 Hift. of die ' gregation at St. Mathurin^ the Day of September (JJ). 
 Univerfity of Thi Univerfity of Pam cou'd not expeO: to have Intereft enough 
 j^w, T. V. at the Court of France to obtain Succours for the City of Roan 
 P- 334- againft the EngUJhy at a Time when their Ally, the Duke of Bur- 
 gundy, had refum'd his Power in the Kingdom and at the Court. 
 The Univerfity had the Mortification alfo to be obliged to cancel 
 every thing in their Regifters, that had been pafs'd againft the Duke 
 of Burgundy. Gerard de Montalgu^ Bifhop of Paris, was alio com- 
 pell'd to revoke the Sentence of Excommunication, which he had 
 formerly iifued againft the feditious Propofitioa of John Petit fo often 
 mention'd. The Duke of Burgundy did much more : For in the 
 Parliament oi^ Paris he follicited the Revocation of the King's Let- 
 ters, and of the Parhament's Arret, againft the Annates and the 
 Apoftolical Refervations. The Perlbns deputed to the Parliament 
 upon this Affair, explain'd themfelves thus by Order of the King. 
 ^nd moreover, "'tis the Kin£s Pledfure, that the Ordinance^ concerning 
 
 3 tb£
 
 The Htjl(yry of the Council <?/ C o N ? t a n c e." 2 89 
 
 the reducing of the Church to its Liber ties^ be revek'd^ and that the- 14 18. 
 Revocation thereof made in his Council j and the Writs ijfued thereupon^ 
 which isjere by him prefented to the Pope and very favourably receiv'dj 
 be publiflid^ obferv^d and executed. Mean time the King's ^-^ ttorney 
 oppofing the faid Revocation, the Affair was put off to another SeP' 
 fion. The Attorney reprelented, that Ibme Perlbns, for their own 
 private Advantage, propos'd the Revocation and Abohfliing of the 
 Conftitutions, Ordinances and Arrets, touching the Liberties of the 
 Church oi France, and the Uauphinate of Fienne,ivhich ".vere and are 
 jujl and reafonable, made after very great and mature Deliberation, and 
 feveral times confirm d and approvd. Upon this, the Prefidents and 
 Countellors of the Chamber of Inquefts, who came to the Parhamenc 
 Chamber to confer upon this Affair, requiring the Chancellor to af- 
 fift the Court for avoiding the Delblation of the Church and the 
 whole Kingdom •, the Chancellor made Anfvver to it. That ' indeed 
 ' he had recognifed and fealed the faid Letters of Revocation, and 
 
 * that he had dcliver'd them to the Bi {hops o'i La-ngres and Bayeuy, 
 
 * the King's Ambaffadors, to prelent them to the Pope, to whom 
 
 * they had prefented and delivered them without any Condition : 
 
 * But the Chancellor laid, he had deliver'd them to the faid AmbaP 
 
 * fadors to deliver them to the Pope, in cafe that he would come 
 ' to refide at Avignon, and not otherwile^ and that thefiid Ambaffa- 
 ' dors had fworn the fame, and likewife affirm'd it in the Chamber 
 ' of Accompts, as had been certify'd by the Provoft of Paris in the 
 ' Chamber of the Parliament. And by this it appears, that the f lid 
 
 * Ambaffadors have not oblerv'd the aforefaid Condition by them 
 ' fworn. Furthermore, it was publickly faid, inthePrefnce of the 
 
 * Chancellor, and of all the Audience, that all, who for Affeftion or 
 
 * private Advantage, had foliicited fb much Detriment to the Common 
 
 * Caufe, to the National Church, to the Confufion, Defblation, and 
 
 * total Deftruition of the Churches, contrary to all Right, and con- 
 
 * trary to good Manners, are unworthy of refiding and holding Be- 
 
 * nefices in this Kingdom, and ought to be banifli'd and turn'd out 
 
 * of it, when 'tis confider'd what Damages and Inconveniences have 
 
 * happen'd in time pafl by means of fiich fort of People, who have 
 
 * aided, advifed and conduced feveral Incroachments againft the fliid 
 
 * Liberties in this Kingdom '. This happen'd in the Beginning of 
 the Year 1419, when the King's Attorney, in Ipite of the repeated 
 Commands of his Majefty, conllantly oppos'd the Revocation of the 
 Liberties of the Gallican Church. He alfb complain'd againft the 
 Cardinal des Urfms, who himfelf, or others for him, had, to the Pre- 
 judice of thofe Liberties, demanded in the Chamber of Accompts, 
 the Recording of certain Royal I>etters Patent, whereby it was 
 laid, the King was pleas'd to make over to the faid Cardinal the 
 
 Vol. II. O o Tcmpora- 
 
 . i ' 
 
 .ii'
 
 2^0 
 1-4 iS. 
 
 (.1) Hift. of 
 the Univerfi- 
 jy of Paw, 
 
 nhifup. p. 
 
 2mLAND. 
 
 (»^ Rapms 
 Hift. of £«.?- 
 /^<<, T. IV, 
 f>. 647- 
 
 The Hijlory of the Council c/ C o n s t a n c e^ 
 
 Temporalities of the Bifhoprick of Chartres, which he endeavoiir'd 
 to hold in Commendam by a Grant from the Pope ^ and moreover, 
 the King's Attorney faid, that he had formerly oppos'd it in the 
 Chamber of Accompts, and did ftill oppofe ic together with the Pal- 
 ling of certain Letters of Revocation, faid to be made and pafs'd 
 by the King to the Prejudice of the faid Ordinances ^ and he mif- 
 trufted, that ' notwithftanding the faid Oppofition, the Gentlemen of 
 ' the laid Chamber of Accompts wou'd proceed to the Copying and 
 
 * Recording of the faid Grant made to the laid Urfms ^ and there- 
 ' fore, as formerly, he did now require the Aid and AffiRance of 
 
 * the Court j and that tlie f.dd Court wou'd iee the laid Ordinances 
 ' liipported, and forbid the laid Gentlemen of the Chamber of Ac- 
 
 * compts to make any Innovation contradictory or prejudicial to the 
 
 * Oppofition of the King's laid Attorney, when they proceeded to 
 
 * the Recording and Copying of the laid Temporalities or other- 
 '^ wile: And the Prefidents and Counfellors of the Chamber of In- 
 
 * quefts being call'd hereupon, it was refolv'd and concluded, that the 
 ' Court ought to be very ftrift in caufing the laid Ordinances to be 
 
 * oblerv'd and maintain'd without Infringement, and ought to for- 
 ' bid the faid Gentlemen of the Chamber of Accompts to make any 
 
 * Attempt or Innovation, in Contradidion, or to the Prejudice of 
 ' the laid Oppofition (a). 
 
 Mean time, as the Cardinal of Urfms was Legate from the Pope- 
 to treat of the Peace between the French and the EngliJIj, the Court, 
 for fear he Ihould be vex'd at what pafs'd, order'd the Chamber of 
 Accompts to be fent for into the Parliament Chamber, to return the 
 moft civil Anfvvers that could be upon that Subjeft to the Cardinal ^ 
 but I don't find for all this, that the AiTair was determin'd that 
 Bout. 
 
 ENGLAND had as much Caufe as France to be out of Hu- 
 mour with Martin V. His Concordate i^'ith England amounted to 
 little or nothing. Moreover, it was obferv'd, that as loon as he was 
 elefl:ed Pope, he follow'd the Steps of his Anceftors, and was every 
 whit as great a Plague to the Englijh as they had been. The Par- 
 liament had feveral Years ago made a Law, intitled, the Statute of 
 Pmrnimire, forbidding all application to the Court of Rome for Things 
 contrary to the Prerogatives of the Crotvn and the Rights of the Na- 
 tion (by From the Beginning of the Schifm in 1378. to the Coun- 
 cil o'l Conjlance, wherein an End was put to it, the Popes feemd to 
 connive at a Law fo contrary to their Interefts. But, as M. Rapin 
 oblerves, Martin V. did not look upon this Affair ivitb the fame Lidif- 
 ference. What pafs'd upon that bead, till the Year 1429, we know 
 not. All that can be fiid is, that the Pope found a vigorous Anta- 
 gonilt in Henry Chkhley^ Archbilhop of Canterbury ; to whom he 
 
 ienc
 
 The Hi/iory of the Council <?/ Co n s t a n c i, 291 
 
 ftnt a thundering Letter ^ reproaching him for his Negligence in that 1418. 
 Mutter^ and commanding him to leave no Stone unturri'd for the re- (./''V"NJ 
 pealing of that Laiv. M. Rapin has given ns a Part of the Letter, of 
 which I will here make an AbllraO:, with tlie fame View as that illuf- 
 trious Hiftorian, viz. to fieiv rohat were the Sentiments of this Pope 
 '•juith regard to the pretended Privileges of his See •, befides that perhaps 
 I cou'd not lb conveniently give it a Place ehewhere. i. After the 
 Pope has caft as bitter Reproaches upon the Archbilhop for his Neg- 
 IzSi to fupport the Intcrefis of the See oi' Ro?ne, as if the Interells 
 of God liimfelf, and the Salvation of the Catholick Church, were at 
 Stake, he comes to the Statute of Pr^mimire^ and affirms that 'tis 
 not a Law, becaule it revokes the I>aws of God and the Church. 
 2. He complains, that by virtue of this execrable Statute the King of 
 England has got Poffeffion of the fpiritual Jurifdiilion, and that he 
 governs Eccleliaftical Affairs as abfolucely as if onr Saviour had ap- 
 pointed him his Vicar. 5. He affirms, that the RomifJj Clergy are 
 treated in England with more Severity than the 'Turks and Jevi's. 
 
 * There is no M.?in, fays he, of any Nation or Perliiafion Avhatfoever, 
 
 * but has the Liberty of coming into England, unlefs they are fuch to 
 
 * whom the Vicar of JcHis Chrilt has given Cures : Nay, thele, I lay 
 
 * are banifh'd, leiz'd, imprilbn'd, ftripp d of their Livings. If any 
 
 * Member of the Eccleliaftical Order, with Mandates and Ce.fiires 
 
 * about him from the See of Rowe, does but ict his Foot in Eng- 
 
 * land, and offer to execute his CommifTion, he is treated as an Ene- 
 
 * my, excluded from the King's ProteO;ion, and moreover, expos'd 
 ' to Puniihments that are ftill more levere. After a long and iharp 
 ' Reprimand, Martin charges the Archbiihop, en Pain of Fxcom- 
 
 * munication, to go forthwith and prefs the Council to take care that 
 
 * the Statute of Pramimire may be repeal'd, to apply himl'elf to the 
 
 * Two Houles of Parliament, and to give them to underftand, that 
 
 * all who obey'd that Statute were in the Bonds of Excommunication, 
 
 * Moreover, he commanded him to give his Orders for the Clergy 
 
 * to preach up the fame Dotlrine publickly, and in all Places \ \o (") R^py^ 
 
 ' take two grave Perfons with him to be Witnelfes of his Diligence, ?' j' °1 ^r'^^" 
 f and to let him know what wou'd be done in this Affair («), ' '" '^''^' 
 
 Though SigifMond h^d well nigh fettled the principal ARairs o^^GEl-M/iKr. 
 Germany at Conftance, yet it was natural for frclh Broils to ftart up 
 every now and then between fo many Princes of fuch differing In- 
 tcrefis. This it was that engaged the Eledor 0^ Mentz to procure 
 a ftriit Union among the Princes of the Rhine, as a Matter of great 
 Influence to the Peace of the greateft Part of Germany. Therefore 
 he fb managed it, that IFerner the Eleftor of Triers, Tl.rodnric Eic- 
 ilor oi Cologne^ Lewis Eltllox Pahitine, and Reinhard DuUoi juurrs 
 
 O o z aii.d
 
 The H'tpry of the Council <?/ C o n s t a n ci"; 
 
 and Guelder land, met together at CohlentZy where they fwore to unite' 
 with each other for Life, to (land by one another, and to accommo- 
 date their Dilferences amicably, when any flioiild arife. He took 
 care alfo to reconcile the Palatine Princes, Leivis and Othoy who had 
 a Qiiarrel about fome Domains. The fame Archbifliop alio regula- 
 ted Ibme Affairs, which related to the BenediBins of Mentz. We 
 have obierv'd, that in 14 17. a Provincial Chapter of Benediclins aP'. 
 fembled at Petcrjhaufen, in which forae Rules were made for the Re- 
 formation of that Order. Another was held the Year following at 
 Mentz, of which the Abbat 'trithemim fpeaks in thele Terms. ' In 
 
 * the Year 1418, a lecond Provincial Chapter of our Order was ce- 
 ' lebrated at Mentz. The Prefidents were the Abbats de Fulda, of 
 
 * Kempten (in Sivabia) of St. Ulnc of j^ugsboiirg, and of Rejiihartz- 
 
 * boimi^ who had been nominated to that Office in the Council of 
 ' Conjiance. It was to have alTembled in the Monaftery of St. Alb an j 
 
 * but as the Bemditiim of that Convent, who were unwilling to ac- 
 ' cept the Reformation propofed at Conjiance ^ demanded to be lecu- 
 
 * laris'd, in order for their being made Canons, they affembled at 
 
 * the Convent of the Augnflim. The Abbat of this Monaftery, 
 
 * whofe Name was Bernard., having made great Complaints againft 
 ' the Licentiouliiefs of thofe Monks, Vifitors (Fifttatores) were appoino- 
 
 * ed to reftrain them by Ecclefiaftical Cenfure. The Vifitors went to 
 
 * the Monaftery, but were never the better, being only deceived by 
 
 * the fair Promifes of the Monks, which vaniih'd into Smoke afcer 
 [a) De Reb. * their Departure ' (a). The next Year (b), the Bencdi^ins of St. Ji' 
 mgtmt.T.l.ban's at Afew/z were fecularis'd by the Archbiihop, and hy John 
 P;55- ^'■'""^- de Fleckenjleyn, Bifhop o'i f Forms. Some Weeks after this, died (f) John 
 fort Edit. j^ Najjfauy Archbiihop o'i Mentz, at Jfchaffenbourg, from whence 
 (V)'The i6:h: ^i^ Remains were tranflated to his Cathedral. 
 
 oi^ugufi.'^ The Hiftory of that Time fliews, that the reft of Germany was 
 (i)Sep.2.'^. very much difturb'd by Wars and Tumults, The Qiiarrel between 
 the Dukes o( Bavaria being not adjufled at Cottjiance, thole Princes 
 were ftill at Variance. Lewis of Ingoldftai, as has been obferv'd, 
 not being able to obtain Juflice of the Pope againft his Coufin Heury 
 de Landjhiity flipp'd no Opportunityof doing himfelf Juftice, and 
 filled Bavaria with Slaughter, Maffacres and Rapine. However, Hiftory 
 fays, without fpecifying the Year, that this Affair was afterwards ac- 
 commodated by the Emperor. We may read in the Wandalia of AU 
 bert KrantZy the Troubles with which the North of Germany was dif- . 
 turb'd. There is Mention of a horrible Riot which happen'd in 
 1418, nt Brejlau, where the Citizens threw their Magiftrates out of 
 the Windows of the Town-houfe. The Hiftorian, who has wrote 
 the War of the HuJ/itesj Ipeaking of this Riot, afcribes it in part to 
 
 the..
 
 The H'tjlory of the Council <?/ C o n s t a n c e J 29^ 
 
 the Hufitesiy). Yet they are not charged with it by other Hiftorf- 141S. 
 ans whom I have conflilted. Ball^inus iays, that the HtiJ/ites ofBref- v.^/~v~sj 
 iau were guilty of a Riot of this nature before thofe oi" Prague (^i) -^ 
 but he does not fay, that Huffiti/m had any Share in it ^ nor can it 
 be infcrr'd that it had, but by very remote Confequences. j^lbcrt 
 Krantz alcribes it to quite another Caufe. ' The City of Brcflau (lays 
 
 * he) rebeli'd at that time (14 18.) furioufly againll its M;vgiftrates. 
 
 * They had brought the City very deep in Debt, either for Forti- 
 
 * fications or other realbnablc Caules, of which the People being 
 '■ made fenfible, they leditioufly depos'd the Magiftratcs, accufing 
 
 * them of having appropriated the pubhck Money to their own pri- 
 
 * vate Interefls, and created a new Magiftracy, which was to have 
 ' the Government but one Year, under pretence that a Council for 
 ' Life was but a Tyranny under the Aflies, which wou'd blaze out 
 
 * in Time to the great Prejudice of the State. The new Ccnfuls 
 
 * finding that the Debts were legally contrailed by their Predecef^ 
 
 * Ibrs, and that the City could not difcharge itfelf thereof but by a 
 ' Poll-Tax, propos'd it to the People, who did not reiillj it by any 
 
 * means \ for the Populace in a Rage murder'd them all witliout "''"''"'''*. 
 
 ' Mercy'. About two Years after, Sigifmond revenged this Vio- xxviii p"^ 
 ^encc. j^i^ 242. 
 
 We have feen what was the deplorable State of Affairs in Bobe- sohenij. 
 mia, alter the Execution o'C John Hus and Jerome of Prague, and 
 we have a more ample View of it in the Hiflory of the Huffites 
 War. I fhall only oblerve here, that John Dominic, Cardinal 
 of Ragitfa, who had been fent thither by Martin V, inflead of 
 going gently to work, began with Acls of Violence. Hiftory 
 fays, that at Slany, a Royal Town of Bohemim, fome Leagues - 
 from Prague, he did an Aft of Violence which cxalperatcd the Pluf- 
 Jites againft him to the laft degree. He went to a Church of that 
 City, where was a Coffer, or Cheft(3), upon the Altar, which he 
 
 tumbled 
 
 (i) Ex eoque fequentis horrendae fedi" the lattemot till 141 9. Balb. T.pit. Rtr. 
 
 tiouis anfam arripere, idemque in Silefia Bch. p. 452. 
 
 BiatiflaviK quidam Huflli doitrinam a- (2) Pixluxerunt Pragenfibus ad tam a- 
 
 niantes, facere, metuentes ne apud fe tiox facinus Wratiflavienfes qui anno fu- 
 
 quoque fubita feveiaquc Decreti qusedani peiioie 1418, id 15 Kalend. fextiles a 
 
 cxfcuao fufcipeictur, atque licet aliis de confurreflione populi facta, Senatum con- 
 
 c&ufis feditionem in Senatum concitare, tiucidarant. Balbubifup. We will fpeak 
 
 propter quam an 1420. In:p. Sigifmundo of the Aliair of Prague in the Hiftory of 
 
 pcnas dare. The: bald Bell. Hifjp, Cap. the War oi' the Hujfites. 
 A.XIX. This Author is miftaken, when (3) This probably was a Cheft contain- • 
 
 he fays, that the Riot at Brejlau happen- ing the Chalices which were made ufe of 
 
 ed in conft-qucnce of that of Pr<i?««,.-be- for adminifternig the Wine in the Sacra 
 
 . D 
 
 caufe the former happcn'd in 1418, and mcnt. Canraiii Archiepifcopi ope prid. Id
 
 ;294 "^^^^ Hiftory of the Council of C o n s t a k c t.' 
 
 1, 11 8. tumbled upon the Ground, and enjoin'd Divine Service to be per- 
 L/'S'''>J ibrmVl according to the Order of the Council of Conflance. They 
 add, that in this very Place he caus'd a Preacher and a Lay-man to 
 be burnt, being affirted in it by the Archbilhop Conrad, who was ftill 
 a Catholick, at lead in Appearance. After that Time, nothing was 
 to be heard but Lampoons, Ballads, Invectives and Inllilts upon the 
 Legate, together with Menaces to kill him if he did not immediately 
 get oll[. Accordingly he thought It his belt way to be gone, after having 
 written to the Pope as he had done to the Emperor, that the Tongue 
 and the Pen were Weapons of no Avail againft the HttfJJteSy and that 
 nothing wou'd do but Force of military Arms(i). The Legate, ac 
 his Return from Bohemia, accompany'd the Emperor into Hungary^ 
 where Huffttifm had made its Entrance. They fay, that he was 
 more lliccefsful in this Kingdom than in the other, and that he ex- 
 tirpated Huffitijm out of the Country. After having travell'd thro' 
 this K'ngdom, accompany'd with his Preachers, he return'd to Buda^ 
 where he immediately halted, and died on the loth o^Juric, 14 1 9 (2). 
 VOLAKD. Frequent Mention has been made in this Hiftory, o'i John de 
 Falckenl^a-g' s dchimtovy Libel againft the King and Subjefts of Poland. 
 His Po!//Ij Majeily being at Gnefna this Year 141 8, where he had af- 
 lembled a great number of Prelates and Barons of the Kingdom, caus'd 
 this Libel, which was tranflated into the PoUfi Tongue, to be read in 
 full Alfembly, that they might confult whether any thing was neceffa- 
 ry for the Honour of the King and Kingdom to be added to what 
 his Amballadors had already done againft this Libel at Conftance. 
 After it was read, the King was advifed to take no Cogniiance of a 
 Piece fo falfe, im.pertinent, and abounding with Errors \ a Libel 
 which had moreover been conderan'd by the Catholick Church, and 
 whofe Author was a Scoundrel, that had fuffer'd due Chaftifement 
 for his Folly : To which it was added, that if the King was incli- 
 nable to do any thing more, he need only fet fome Monk upon Fak- 
 Venberg as impudent as he, and let them write againft one another what 
 they plcas'd. There were leveral fruitlefs Conferences this Year to 
 reconcile the Poles and the Knights of PruJJia, which latter, if we 
 
 yu-nil aye am, tjutt ftipra aram in regia tirle ( i) Legattis e Bohemia redieni fcripjit ad 
 
 Slana erat, dejicere, ncvam Reformationem Papam^ 7ien c.-ltmis amp.iiis & Unguis 
 
 ex decret. Comilii ivfiitiiere, & Ecrle/lajiem fed manibui & armis opus fjfe. Bohufl. 
 
 oiiendam una cum Private (juodam exuren- Balbin. Epit Rer. Eohem. p. 45Z Geors;. 
 
 dum curare, Theobald, ubi fup. Cap. Jo£ Eggf^ Purpur. Doft. Lib. II. p. 508, 
 
 XXIX. p. 68 I would not have quo- J09. 
 
 ted a Protcftant Author upon a Faft of (2) As to this Cardinal, fee the Hiftory 
 
 diis nature, if the Jeluit BT/i/^a/ had not of the Council of Pi/a^ Tom. I. p. i(>5, 
 
 vouch'd more than once for his Fidelity. 1^6. 
 
 may
 
 The H'tjlory of the Council (?/"Con3Tancii. 295 
 
 may believe the PcUP) Hiftorian, had no other View in meeting the 1418. 
 former at the Places of RerKiczvous, but to watch an Opportunity of \wO/'x> 
 leizinif the King's Perfon (a). (a) Hiftory 
 
 SIGISMOND, according to the Report of Dachcr and Rei- 01 voUr.d^ 
 chenthal., wou'd have ftaid longer at Conflance to feitie divers Affairs L'''-XI. p. 
 there, if the Pope had been inclin'd to have llaid with him, as he \iXji;GAKr; 
 had earneftly delired him ^ but when the Pope was gone, the Empe- 
 ror went away too with his whole Court, and took the Road of 
 Strasbourg. From that City he went to vifit the other Imperial 
 Cities of Jlface, as Colmar, Schelflat^ &c. From thence he went 
 to Vim, deitmgen, Ratlibon and PaJJau^ in his Way to Hun- 
 gary- 
 
 The Hiftorian of Hungary fiiys, that every body blani'd him for 
 making this Tour, inftead of haftening to the Relief of Bohemia, 
 which was threatened with utter Ruin by its inceftine Wars. If he 
 had marcUd, lays he, at the Head of a good /Irmy before the Hereticks 
 had had time to fortify themfeheSy he ivotild have fav'd Germany from 
 a general Conflagration ^ "whereas by going to attack the Turk he lofi 
 Bohemia "without being able to defend Hungary, becaiife it was too 
 late (b). Yet IVindck, his Privy Counfellor, fays, that it was Sigif- (^) Jir<ior,iti. 
 mond\ Defign to have gone directly to Bohemia., but that he was ^^^"„^l 
 diverted from it by his Council, who thought the Enterprile too DeclU.lJb. 
 dangerous. We Ihall fee in the Hiftory of the Hujjites W ar, that n. p. zSS. 
 this was not bad Advice. Be it as it will, we find in Rytner's Foede- 
 ra, a Letter from Sigifmond to the Elector Palatine^ whereby it ap- 
 pears, that he was fluihiacing between various Counfels. The Con- 
 tents of the Letter are thefe. i. He fets before the Ele£lor, whom 
 he calls his Uncle ( 1 ), the Expence he has laid out, the Toils he 
 has undergone, the Hazards and Perils he has run through, both 
 for the Union of the Church, and for the Advantage and Honour 
 of the Empire. :. He acquaints the Eleftor, that he has been ob- 
 liged to mike a League with the King oi England againfl: the French, . 
 in order to recover out of their Hands the Cities, Cailles, Lands 
 and Men, that they have for a long time uliirp'd from the Empire. . 
 3. He acquaints him, that he is refblv'd to go forthwith to Bohemia, , 
 to confer with his dear Brother King Wenceflaiis^ in order to concert 
 Meafures with him for the Extirpation of IVicklifJifm. ^. That he- 
 defigns to raile Troops in Hungary, Bohemia and Germany, to joyii • 
 the King of F.ngland"'^ Army in France, in order by his Afliftance to > 
 recover what the French have taken from the Empire. 5, and laflly, . 
 
 .. CO Magnifice, dilefle Avuncule, & Princcps EkSor. 
 
 %.. Hec
 
 The Hijiory of the Council of C o n s t a n c H 
 
 He defires him to repair to Treves in a Fortnight's Time with the 
 other Eleftors, in order to confider of Methods for putting all thefe 
 Defigns in Execution. The Letter is dated at Haguenau the 13th 
 ofjufyj 1 418. In the fame publick Afl:s o^ England, there are fe- 
 veral Pieces relating to the Emperor's Difputes with the Elector 
 Palaline, but they don't relate to this Hiftory. 
 
 ■The End of the SixTU Boo k. 
 
 THE
 
 THE 
 
 HISTORY 
 
 O F T H E 
 
 Council of CONSTANCE. 
 
 BOOK VII. 
 
 The Contents. 
 
 I. The Defign of this Book. II. The Jmhition of the Popes. III. their 
 Imprudence. IV. John de HeiTe'^ Treatife concerning the Reforma- 
 tion. V. A general Zeal for the Reformation. \1. A Satyr upon 
 the Court of Rome. VII. France ivitbdraivs from the Obedience of 
 JBenedi£t. VIII. A Sermon upon the Reformation. IX. The Trea- 
 tifes of fever al Englilli Authors upon the fame SuhjcH. X. The 
 Reformation defired in Italy and Spain. XI. The Regulations made 
 by Alexander V. for the Reformation. XII. Nezv Complaints after 
 the Council of Pifa. XIII. Clemangis'^ TraB concerning the Refor- 
 mation. XIV. GerfonV Tra£ls upon the fame SubjeEl. XV. A 
 Treatife of Peter d'Ailli upon the fame SubjeEl. XVI. A Trea- 
 tife of Theodoric Vrie touching the Reformation. XVTI. Za- 
 barellaV Advice for the Reformation. XVIII. Gerfon'i Sentiment 
 upon Excommunication. XIX. The Cardinal de PifaV Memorial con- 
 cerning the Reformation. XX- John XXIII. evades the Reforma- 
 tion. XXI. The College for Reformation. XXII. The Dilatorinefs 
 Vol. II. P p ef
 
 The CONTENTS. 
 
 of the Conmiffioncrs for the Reformation. XXIII. Several Jjlhn-' 
 blies of the Reforming College. XXIV. Complaints of the Germans 
 againft the Slownefs of the Reformation. XXV. The Speech of the 
 ^rchbifhop o/" Genoa concerning the Reformation.. XXVI. the Arti- 
 cles of the Reformation agreed upon in the Reforming CcUegCy and im- 
 ■perfecily executed by the Pope. XXVII. Refolutions of the Reform- 
 ing College. XXVIII. Of Councils. XXIX. Of Popes : That they 
 ought to give Judgment upon nothing of Importance^, luithout the Ad- 
 vice of the Cardinals \ or even^ in fome Cafes^ 'without the Approba- 
 tion of an Oecumenical Council. XXX. In what Cafes a Pope may 
 he trf'd and deposed. XXXI. Refervations aboliflfd. XXXII. Rules 
 concerning the Pope''s Difpenfations. XXXIII. A Prohibition to the 
 Popes to flop the Courfe of Juflice. XXXIV. To impofe the Tenths^ 
 'without the Authority of a General Council. XXXV. Exemptions 
 prohibited. XXXVI. Unions of Churches fince the Schifm^ repeaVd. 
 XXXVII. Tranfations prohibited. XXX VIII. Cafes referv'd. 
 XXXIX. Of Cardinals. XL. Officers of the Chancery and Apo- 
 fiolical Chamber. XLI. Regulation agaiiifl Simony. XLII. Refor- 
 mation of the Prelates. XLIIL Regulation concerning ElcElionSi 
 XLIV. Concerning the Capacity of Prelates. XLV. Concerning Re- 
 ftdence. XLVI. The Clergy are required to receive the Orders. 
 XLVII. Simony prohibited to the Priejls. XL VIII. The Jurifdic- 
 iion of the Bifiops. XLIX. Order ^ Subordination^ and a good Un- 
 derflanding recommended among the Prelates. L. An Order to the 
 Prelates to grant fpeedily, and -without much Expence, the Ratifica- 
 tion of the ApoJloUcal Letters. LI. Of the Manners of the Clergy. 
 LII. Fornicating Priejls condemnd. LIII. Several Regulations 
 concerning the Clergy. LIV. Of Canons. LV. Of Monks. LVL 
 Of Nuns. LVII. Rules for the Laity. LVIII. The Calendar re- 
 form'd. LIX. Confecration of Chappels and Altars. LX. Majfes. 
 LXI. Canon of the Mafs. LXII. The Abufe of Holidays prohibi- 
 ted. LXIII. A Prohibition to expofe Relicks in publick. LXIV. 
 Mendicants fupprefs'd. LXV. A Regulation touching the Jews. 
 LXVI. Conclujion of this Hiflory. 
 
 The
 
 The HISTORY 6f the 
 
 Council of Constance.' 
 BOOK VII. 
 
 T wou'd be very little to the purpofe here to give The Dcfign 
 an ample and particular Account how much need °^ ''"* Book- 
 the Church had then of being reform 'd in all Re- 
 fpefts. Do but read the Eccle/iafical jliahors of 
 that Time, and open the Book any where, you'll 
 find Complaints and Lamentations upon the general 
 Corruption of the Clergy. Peter cfJilli, the Car- 
 dinal oCCamhrayj who was one of the great Luminaries of the XVth 
 Century, and who befides has writ with more Moderation than mofl; 
 of his Cotemporaries, declares it was the (i) common Saying at that 
 
 (i) Adeo ut jam horrendum quoruii- 
 dam Pioverbium fit, ad hunc ftatum vc- 
 nilTe Ecclefiam, ut non fit digna rcgi 
 
 iiifi per reprobos Alliac. Cation. Reform, ap. 
 r.d.Hardt, T.I. p. 424, 425. 
 
 P p 2 
 
 Time
 
 500 The Hijlory of the Council «?/ C o n s t a n c e. 
 
 Time, 'Tljat the Church ivas corns to fuch a pafs^ that the Govcynment 
 of it ivas only fit for Reprobates. As the Source of this Corruption 
 was in the Clergy, it was but juft to begin the Reformation by the 
 Pope, by the Court of Rome, by the Cardinals and the Prelates, 
 and to conckide with all the inferior Clergy, Secular and Regular(i), 
 in which are alio included the Military Orders or Knights, and the 
 Alonaftick Orders. This is wliat was call'd, The Reformation of the 
 Church in its Head and Members, as I have already laid in this Hifto- 
 ry. But having only tziven a very fuccinft Account of it, and by 
 piece-meal juft as Occafion offcr'd in the Courfe of the Narrative, 
 I have defign'd this laft Book to give the Subjeft its due Scope ^ 
 and to the end that the Reader may be the better acquainted with 
 it, I {hall trace it higher than the Council of CoyiJla;ice. 
 The Ambi- II. The Authority of the Popes, Cardinal?, and the dignify'd Cler- 
 tion of the gy had already for many Ages degenerated into a Tyranny infup- 
 Popes. portable by all Mankind. To the end that they might be able to 
 
 Jiipport the State which their Ambition had prompted them to af- 
 li^mc, notwithftanding the Engagements of their Chara£ter, they laid 
 on Exactions whicli were burdenfbme both to the Princes and Peo- 
 ple, They had found out the Secret of putting all Europe under 
 Contribution, on pretence of fome Grants hroni the Emperors and 
 Chrirtian Princes, fome of which were entirely fidl:itious(2), and o- 
 thers had been extorted, or gain'd furreptitioufly. Forafmuch as they 
 aifum'd to themfelvcs an univerfal and foveraign Jurifdiclion over all the 
 Chriitian World, they pretended a Power to difpofe, as they plcas'd, 
 not only of Spirituahties and all Ecclefiaftical Benefices, but alio 
 of the Temporalities of Kings and Princes, when they did not find 
 them favourable to their vaft Ambition. By an enormous Abufe of 
 the Ecclefiaftical Authority, the Offices of the Church were put up 
 to Au'Hon, Simony had pafs'd not only into a Guftom, but a Law, 
 and, in the room of the Canons of the ancient Difcipline, was fub- 
 Sce yerome a ftituted I know not what Canon Lazv, which the Popes explain'd as 
 Xof.a, p. i6(5. j-j^gy pieas'd, and of which they pretended to be the arbitrary In- 
 terpreters. The Government of the Churches was committed to Pa- 
 llors without Learning, and without Virtue, who, like their Head, 
 thought of nothing but to gratify their Avarice and Vanity at the 
 Expence of the Lord's Flocks. The Laity were their Subjects, and 
 not their Sheep. Violence and Caballing having afllim'd the Place 
 
 (i) Item maxitne epM ejjet ad olvian- ores Infiitutiartes ctgerenfur ubi fupra. 
 Hum infuhibui itiftiellum, tit reformarentur (i) Witnefs Conftantirie' s Grant, the 
 
 Religionei militares, & ad fervandum jf- Forgery of which was deteficd by tatl- 
 
 itm, mores QP Patrum reguias, & ad fri- rtjtct Valla in the XVth Century. 
 
 of
 
 The Hijiory of the Council of Constance. 301 
 
 of the ancieat Liberty in the Eleftion of the Soveraign Pontiffs, the 
 laid Dignity was given to him that had moft Creatures at his Devo- 
 tion, and not to him that had the greatcfl: Share of Learning and Pa- 
 ftoral Virtues. It had alio happen'd for a long time, that inftead of 
 that Unity of the Head, vvhicli was efteemed fo effential to the 
 Church, there were leveral Popes at one Time, vvho, inftead of a- 
 greeing for the lake of Peace, only laid their Heads together to 
 embroil the Chriftian Princes and States with one another, and to see Dupiu-j 
 enibrue all Europe with Blood by their cruel Factions. p 219. 
 
 III. This Behaviour of the Popes was every whit as weak as it The Impru- 
 was wicked, and liereby they difcover'd as much Ignorance of their <^s"ce of the 
 true Interelis, as Treachery to the Church, of which they call'd them.- ^"P^^- 
 felves the Monarchs. On the one hand, their inlatiable A\ar\ct r. d. Hardt, 
 open'd the Eyes of moft of the Temporal Princes, and engaged them T. I. p. zSc^^ 
 to lay Hands on the Benefices in their relpeftive Dominions, and to ^^^^^ 
 deprive the Popes of feverai Advantages which they rgap'd from ^^jj"''"^" 
 them before. On the other hand, all the Authors of that Time see pfetcr 
 unanlmoufly alcrib'd the Alterations which happen'd in Religion in d'Ailly, 
 the XlV^th, XV^th, and finally in the XV Ith Centuries, to the Schifm "P- ''•''•f"."' 
 of the Antipopes, to the enormous Exactions, Extravagancies and 0^^ • P- 3° 4 
 Irregularities of the Court of Rome and the Clergy ^ and 'tis pafl 
 all doubt, that the Popes were no Gainers by thofe Changes. When 
 People depart &> widely from the Golpel, as the Romifi Clergy did 
 with regard to Difcipline and Manners, 'tis very natural to fiippofe, 
 that they may deviate as widely from it in Doctrine, and in Points 
 which are of a more nice and delicate Nature, wherein 'tis much 
 more eafy to millake one thing for another. There is nothing mors 
 <iangerous for thole who have any Direction whatfoever, than to 
 give their Enemies an Advantage over them in Things which con- 
 cern the publick Liberty, and bring their Authority in queflion. If 
 the Popes and Prelates of the Church of Rome had been more mo- 
 derate in the TJfe of that Power and Authority which they were lb 
 innocently liiffer'd to alTume, perhaps they would not have been fo 
 much difturb'd in the Poffeflion of leveral Opinions which lerv'd to 
 maintain that Authority ^ and 'tis highly probable, there would have 
 been no Thoughts of reforming tlie Doftrine, if the Reformation oi- 
 Difcipline and Manners had not appear'd ablblutely neceffary. This 
 it was that ftirr'd up the Faudois and AlbigenfeSj in France •, lVkkliff\ 
 Oldcajile and the Lollards^ in England ^ John Hus and Jerome of 
 Prague, in Bohemia : This it was that made the Flagellants break off, 
 in a lort of Defpair, with a Society that was all over corrupt, and 
 fall into the cruel Frenzy of Flagellation^ not to mention the grcac 
 Revolution of the XV Ith Century. 
 
 3 3V. After;
 
 302 The Hiftory of the Council of Con s T anceT 
 
 /3V»ry of IV". After the Schiirn, which happen d in i^yF;, but efpecially 
 
 mffei Traa after the terrible Exactions of Boniface IX, one of the Inve.icors of 
 thrRefoi- the Annates and Other exorbitant Impo unions, all Mankind thought 
 jnation lerioiiflv of fliaking off the Yoke, or at leaftof diminiJhing the Wcitiihc 
 
 of it by feme Reformation^ but be- auie the Schilm was look'd upon 
 as the greatefl: Diforder that could pjffibly happen in the Ciui,ch, 
 the only Care at firft was to unite it under one lawful Pope, own'd 
 as fuch by all Mankind, to the end that he might affemble a Gene- 
 ral Council to apply to an effedual Reformation. Mean time feve- 
 ral Doftors prepared the Matter, either by fetting forth the Need 
 there was of a Council, or by reprefenting the Corruption of Manners 
 and the general Overthrow of the Eccleliaftical Difcipline, in order 
 to engage the Chriltian Princes to provide a Remedy. C>"'ne of the 
 firft Pieces that was publiili'd after the Schifin, concerning the Union 
 and Reformation of the Church, was a Counfel (i) given in 1381. 
 by Henry of HeJJ'c, alias de Langenjiein^ a German Divine. 
 General V. The Language and Stile of all good Men at that time was 
 
 Zeal for the much the lame, as may be feen by the Works of that, and even 
 Rctormation. ^-^^^ preceding Centuries, wherein the See of Rome, the Popes, and 
 the Clergy, were treated with more Freedom and Sharpnefs than they 
 have been lince the Reformation. Dr. Von der Hardt promiles to im- 
 part to the Publick leveral things written on that Subjed!: about the 
 £nd of the XlVth Century and the Beginning of the XVth, which 
 were never yet publiJh'dj particularly thofe of Bernard Ahmand, 
 V d. Hardt, Biihop of Condom (2), Eckard de Derfcb, Bifliop of Worms (j), and 
 T. II. p. 17, the famous Zabarella, Cardinal of Florence. An Account has been 
 }^- given in the Hiftory of the Council of Pifa(a) of the VV^ritings, and 
 
 v66^iz' Pi'oceedings o'l Nicholas ClemangiSy and John de Farennes for the Re* 
 - ' formation of the Church (4). I will only mention here by the way one 
 
 Particivlar which I have met with in Rymers Fcedera, touching the 
 famous Clemangis Bachelor of Divinity, and at that time Secretary to 
 Martin V, becaule 'tis very much to his Advantage, and nothing ought 
 to be omitted which concerns a Man of his Importance. After ha- 
 ving refign'd his Prebend of Langres, he was promoted to the Office 
 of Chanter of the Chapter of the Cathedral of Bayeux in Norman^ 
 dy, wliich City being at that time in the Hands of the Englijhy Cle- 
 mangis cou'd not touch the Revenues of his Benefice without 
 
 (i) This Work is entitled, ConfiHum (2) As to this Prelate, lee the Hiftory 
 
 Vacis de Vnione xc Refcrmatione F.cclefi.e in of the Council of Pift^ Lib. I. p, 72. 
 Comiiio Vniverf.ili quarer.Aa. It was firft (3) He was clefted in 1377, and died 
 
 printed -it Leipjic in 1695. from a MS. of in 14.05. 
 
 Hehnfindt. A large Account has been (4) We may alfo confult the famous 
 
 given of it in the Hiftory of the Council 1'rad of taul I'Ariglois upon the lame 
 
 ofPifj, Lib. I. p. 51, 53. SubjeSi:. 
 
 Leave
 
 The Hijiory of the Council (j/^ Constance. 505 
 
 ILeave from the King of England. Hereupon Martin V. wrote a 
 Letter to Henry V, wherein he vigoroufly recommends the Perlbn 
 and Interefts of Clemangis to this Monarch, as a Perlbn of great Me- 
 rit and Reputation, who employ 'd himielf with very great Succels in ^ 
 the Union of the Church, and whom he had call'd to his Court to 
 officiate in the Pofl: of Secretary. The Letter is dated the 14th of yf- 
 pril 1417. In the above-mentioned Fa'fl'i?r^, there's another Letter on 
 the fame Subject from Philip de Medalia the Pope's Chamberlain, who 
 had been before Ambafllidor from jlrragon to England. This Letter, 
 which is dated at Conjtance the 5th of February 14 iS, contains a 
 very fine Panegyrick on Clc?nangis (i). 
 
 VL But they did not content themfelves with grave Difcourles A Satyr up- 
 only, for they dealt likcwile in Satyr. There's a very levere one for °" the Court 
 that Time, in a MS. of the Library of St. Paul at Leipfic. Tho' °^ ^'""'• 
 Satyrs are by no means to be approv'd, yet they ferve to fhew the 
 Charaflers of the Times they are writ in, and this gives us a very 
 jufl Idea of the then State of the Church. It runs thus "verbatim, p- j^ jiarM^ 
 "The Pope faid to his Cardinals, If ''hen the Son of Man comet h before T. I. p. 49$a". 
 your Tribunal., fay unto him. What brought you hither, Friend? If he 
 hefitates long without returning an Anjwer, turn him out into outer 
 Darknefs. the Cardinals faid to the Pope, Lord, What muft we do 
 to get Money ? The Pope anfwer'd unto them. How, fay ye ? Ye iliall 
 ]ove Gold and Silver with all your Hearts, and the Rich as your- 
 felves. And do this in Remembrance of me, and ye fliall have Liie 
 eternal, ylt that Time there came to the Court of Rome a poor Cler- 
 gyman, who ivas~ opprefs'd by his Bifiop. This poor Man cry'd to the 
 Pope's Porters in vain for Mercy :, for they all gave this hard-hearted ' 
 Anfiver, What is it to us ? Go with your Poverty to the Devih . 
 Ik refolv''d to go and fell his Cajjock, his Fur Tippet, his Cloak, his 
 Sivord and his Cowl {p.), and to diflribute all among the Cardinals, the («) Capa* 
 Officers of the Court, and the Pope's Porters. But they faid unto him, cium. 
 What fignifies all this among fo many ? and turnd him away. As he 
 was weeping bitterly, the Pope faid unto him. Thou ihalt not enter in- 
 to the Joy of thy Lord, till thou haft paid the uttermoft Farthing.. 
 Sornc time after, there came a rich, brawny fat Bifiop, that was fleek, and ' 
 well attended. This Bifjop had committed Murder. The Cardinals ran 
 to meet him, and to congratulate him upon his Arrival. You are, faid 
 they to him, very welcome, and moft impatiently expelled by our 
 
 (i) Ctijus fama^ vuncia veri, tiim vita i.e. Whole Fame the Meficnger of Truth 
 
 honefiate^ turn fcientiarum fulgore, turn is fpread thro' the whole Court of Rome, 
 
 fernionis prtcipHti elegantiti (nam ex ejus and all the Coafts of Frarce and Spain, for 
 
 ore dulcior mcUe fluit orario) per univer- his honeft Life, his Skill in the Sciences . 
 
 fam Curiam Rcmanam, & omnem Gallia- and his Eloquence ( fr an Oration fiiinii 
 
 rum ctj; Hifpaniawm Oram, diffiift efi : out of his Mouth fwieter than Honey) 
 
 3 Purfcs,--
 
 304 
 
 The Hifiory of the Council of Constance^ 
 
 Purfes. TVhen he had fent a gnat quantity of Gold and Silver to the 
 Cardinals^ they faidj This Man is Holy and I-lighteous ^ and the Pope 
 faid to him. Friend, afcend higher. ]And Suvation enter" d that Day 
 into his Hoiifcj hccanfe the Rich Jliall he the Hrft^ and the Poor lafl. 
 
 But for a Miichief fo violent and inveterate, there was a Ne- 
 ceflity for ftronger and more effeLlnal Remedies than Prayers, Ex- 
 hortations, Speeches, Dilcoiirfes, and Satyrs. 
 Frj»c« with- VII. Forasmuch as it was vifible, that the Antipopes were 
 draws hcifclf fo obRinatc to refufe the Method of Refignation which was propo- 
 nt'^ri^'^'^ ^fcd to them, and which they had promis'd, only for the fake of the 
 B w(<'^"^i° gi^eat Revenues whicJi they gather'd from the Dominions ofChri- 
 i^^g llendom, it was refolv'd in France to withdraw from the Obedience 
 
 mpiifii Hift. of Bencdi£l XIII, and an Order was made, that EleUi've Benefices 
 oftheScliifiii,y7;o7/V be fill" d up by EleSlion, others by the Collation of the Ordinaries 
 g""/'' a ^° ivhom the Prefcntation by right appertained, and that as to the Bene- 
 ' fices held by the Adherents of the Competitors, the Ordinaries Jlioii'd 
 prefent to them in Commendam till they were filfd up canonically. 
 That was one of the Grand Articles of the Reformation, and France 
 did not depart from it when flie renew'd her Obedience to BenediH. 
 in 140:?. But as this Pope wou'd not iland to what he had promised, 
 but dill continued to opprels the Churches by his exorbitant Exafti- 
 
 p. 14. 
 
 Dupuy, vhi 
 /up. p 513. 
 Cerfoniana, 
 p. 16. 
 
 ons, the Kingdom was obliged three Years after to withdraw it again ^ 
 and then it was, that the King's Edi£t and Arret of Parliament were 
 publilh'd again[t the Annates and other Exa8;ions of the Popes, and 
 with Prohibition to the Pope's Officers to exafl them, and to pay them 
 the Procuration Money for their Vifitations, or to pay the Cardinals and 
 Chamberlains for vacant Benefices (t). Laftly, as they had had Time 
 enough to be convinced that Benedih XIII. and Gregory XII. impu* 
 dently made a Jeft of all Chriftendom, they were abandon'd by their 
 own Cardinals, who, with the Confent of the greateft part of the 
 Princes, fummon'd a Council at Pifa for the Union of the Church, 
 and for the general Reformation of the Clergy. 
 
 Then was it, that the WiHies and Hopes of the Publick for 
 this Reformation revived. Nothing was heard or read but Speeches 
 and Treatifes on this Subject : But among the Doftors, none diftin- 
 guilh'd themielves more than Gerfon, for his folid Writings and Ha- 
 rangues againft the Abufes of the Church of Rome. 
 
 VIII. In the Year 1408, he preach'd a very excellent Sermon in 
 
 the Council of Rheims, in which, among other things, he talk'd very 
 
 openly againfl the Abufe which had been too common for a long 
 
 tion, T. II. ^jj^g among the Bifhops, who look'd upon Preaching as a Function 
 p. 542. 
 
 (1) Dupu/s Hifiory vf the Schifm^ p. zjp. I make ufc of my Author's own Words 
 which are neither exaft nor clear. 
 
 unworthy 
 
 A Sermon 
 upon the 
 Reforma-
 
 The Hiftory of the Council <?/ C d n s t a n c eT 305 
 
 unworthy of them, and left it to be perform'd by Mendicant Triers 
 and poor Divines, whom they paid for ir. This Abula was derived 
 from another, viz. the Wealth and Power of the Bifliops, who 
 therefore Ipent fb much Time in their Pleafures, and the Management 
 of their Temporahties, that they had none to Ipare for the principal 
 Funftions of their Miniftry; fiich as Preaching the Gof^iel. By this 
 bad Example of the Prelates, Preaching was undervalued by the Peo- 
 ple, and their Journeymen preaching only for Lucre, did it with ex- 
 treme Negligence. 'Tis triie^ fays Gerfon, that by this means Sermons 
 are become more frequent^ but then nothing is a greater Rarity than to 
 bear good Gofpel-preaching. The IVord of God is adulterated and cor- 
 rupted ; they make a Trade and fordid Gain of Godlinefs. Seeds of Error 
 and Superfiition are fcatter''d about ^ and the People are fed with imperti- 
 tient frivolous Tales. 1"o this he adds very good Advice concerning 
 the Choice of Paftors, the Manner of preaching the Gofpel, the 
 Inftruftion of the People, the Government of the Churches, as 
 well as againft the Incroachments of the Begging Friers upon the 
 Fnnftions of the Curates. In this Difcourfe he leems to be by no 
 means a Friend to thofe Monks •, and moreover he wifh'd there 
 were no Monafteries of Women, becaufe they were become Places 
 of Levvdnefs (1). Then he gives Hints for retraining the Licen- 
 tiouliiefs and Libertinilhi of the Clergy, which are here painted in 
 the moft Irightful Colours, the Tyranny of the Bifhops aud Pre- 
 lates, the ExaLtions of their Procurators, who in the V'^ifitation of 
 Churches levy exorbitant Sums upon the poor People, and get 
 Money alio by giving Abfolution to real or pretended Criminals. 
 77j/V, fays Gerfon^ is like the Toll at the Gate BodeC ( 2 ). He 
 compares Excommunications ilfued for trifling Caules, to knock- 
 ing a Man 0' the Head with a great Club, on pretence of driving 
 away a P'ly from his Face. He concludes this Sermon, by ihew- 
 ing the Neceffity of a Council, to reform all the Abules which I 
 have only mentioned in the general, and which every one will be 
 glad to lee more particularly in the Original itlelf 
 
 IX. F R ANCE and Germany were not the only Countries where The Wii- 
 Materials were prepared ibr the Reformation that was to be treat- tingsoflbme 
 ed of in the Council of Pifa. I lately mentioned the Treatife of fj|^'J^YhT 
 Paul rjnglois^ and I have had Occafion to mention another Trea- ^. jj^^ SubjcSt,' 
 tife en paffant^ which was dedicated by Richard Ullcrfion, a Doftor 
 of Oxford^ to the Biihop of Salisbury, to ferve him as a Memorial at 
 
 (i) E« utinam tiiitta Jint Monafieria mu- le droit de la p^te Bodet, though the reft 
 
 lierum (jux faHa flint proJUbala metetri- of tlie Difcourfe is tntitJ- I had by 
 
 cum, & prohibeat adbiic deteriora Deul. M. Dtichat^ that the Gate Bodet or Bou- 
 
 p J 5 3. det was a Gate of P.ir/j, which has beca 
 
 (2) (^tffort expreflei it in the Trench, for a long time nail'd up. 
 
 Vol. U. " Q_q the
 
 5C( 
 
 The Hipry of the Council of C o n s t a n c'e^ 
 
 the Council of Pifa, where that Biihop was, as well as at Conflafice^ 
 * vSerpH. where * he died. After having in very ftrong Terms laid down m ny 
 extraordinary good Hints for confining Popes to the Functions of their 
 Aliniftry, he concludes his Treathe thus. 'Things being thus difpofsd in 
 their natural Order, and all tbofe Abiifes taken away, the Pope, accor^ 
 ding to the Duty of his Office, will make it his Bufmefs to procure 
 Peace among the Chriflians, to preach the Gofpcl himfelf, and to fend 
 out found Preachers to all Parts, who, by their Preaching and Examples ^ 
 may teach both the Prelates and People their feveral Duties, and make a 
 holy War againjl the Paffions, which, lays he, according to St. James, 
 are the Source of Wars and Divifions in the Church and State. To 
 Richard U Her ft on we muft join an Englifi Carmelite, whole Name was 
 mlUf Dyjfe. Walter Dyfj'c, who, according to Pojfcvinus^ was lent by Boniface IX. 
 to Guicnne, Spain and Portugal, to preach the Crufado theie againft 
 the Infidels, and who, according to the fame Author, confuted the 
 fVicklifftes. It was much about this Time, that he wrote a Poem 
 againft the Schifm, of which 'tis neceffary to infert a few Lines, to 
 fliew that the Pope and Church of Rome were not fpared by their 
 bert Friends. 
 
 /ii caUem 
 Operum. Hi- 
 col. Clem. 
 Ley den. 
 
 1615. 
 V d. Hardt, 
 T. I. Part 
 IX. Praef. 
 p. JOO. 
 
 Here is Ibme 
 Miftake. 
 
 In primis Pontifices 13 Pralatos nolo. 
 Nam ifle Grex hominum, Canone remoto^ 
 Tot us efi in poculis, tot us lucri vote 
 JEfluat, 13 "vita difconvenit ordine toto,. 
 Heu quam nugatorii Pr^efules moderni. 
 Did debent potiiis Prafides Averniy 
 Vel fprctores meliiis judicis Mterni, 
 Potores bibuli media de no£le phalerni ! 
 Die Papa, die Pont if ex, fpes fponfi, fponfts dos- 
 Cur fis pejor, peffimus hwdorum inter hosdos 
 Cur mores redarguis (3 fermones foedos 
 ^ Inter Socraticos notiffima fojfa cinados. 
 
 i. e. 
 
 In the firft Place, I oblerve the Popes and Prelates, a Company 
 of Men, who, letting afide the Canon Law, are drown'd in iheir 
 Cups, burning with the Thirft of Lucre, and altogether diiorder'd 
 in their Lives. Alas I how do our modern trifling Prelares del'erve 
 rather to be call'd the Prefidents of Hell, or rather Contemners of 
 the Everlaiting Judge, for they tipple Falerman Wine at Midnight. 
 Say PopCj fay High Prieft, the^Hopes of the Bridegroom, the Portion 
 of the Bride, why thou art worle, why thou, that art the worft of 
 Kids among Kids, the moft noted Sink am^ng the Catamites of So- 
 erates, reproveit oblcene Maoiiers and Dilcourle, 
 
 If. VON-
 
 The Hijlory of the Council <5/ C o n s t a n c e". 567 
 
 D. FON D ER HJRDT fpeaks of another Englifi Came 
 lite, who fignaliz'd himfelf in the Councils of Pifa and Conflance^ by 
 his Zeal for the Refornnation. This was 'tbomas NetteVy laid to be 
 of JValden in EJac, a great Anti-TVicklijfite (a). C.<.) r.d.anr. 
 
 X. All the learned Men in Italy, who were animated with a p'^/'"^'^.^-^' 
 true Zeal for the Honour of the Church, long'd as earneftly for y^^' \{^^li 
 the Reformation. Here I will not Ipeak of Marfillus of Pavia, mation defi- 
 Pctratrb, and fome others, who fignaliz'd themfelves in thefe Mat- red in «/?// 
 ters, becaufe they were dead before the Council of Pi fa -^ nor even of*""^ "^M"- 
 Leonard Cretin, and Poggiits the Flovcntiiie, becaufe the Freedom 
 
 of their Language againft the Church of Rome has render'd them 
 fulpeited of Partiality. But there were at that time two illuftrious 
 Prelates, whofe Tellimonies are undeniable, viz. the Cardinal de Za- ^;J"'*'^t, 
 barella, and Pikus, Archbilhop of Genoa. The former who dv'd at ^"^ 'nardt 
 Cotiflance, has been too often mention'd in this Hiftory to be urknown. t. II. inllg. 
 At the Time of the Council of Pifa, he wrote a Tract, to p.ove p. 17. 
 that it was the Bufinets of the Council and the Emperor, to un- 
 dertake the Union and Reformation of the Church. As to the Arch- 
 bilhop of Gcnoi, in Prelen:e of the French who went to the 
 Council of Pifa, he made a long Speech, reprefenting in very pa- 
 thetick Terms, the deplorable Condition to which the Schifm had ^' /■ ^"rAt^ 
 reduc'd Chriftendom, not only with refpeft to the Wars which it had "^^ ^"^- P- 
 excited in it, but above all, with regard to Manners and Dilci- '' 
 pline which were totally corrupted both among the Clergy and Laity. 
 I don't know that any SpantJJj Doclor wrote upon this Subjeil aC 
 that Time. The Spaniards holding out at that Juncture alio for 
 Benedi£l XIII, and acknowledging no other Popes, nor their Cardinals, 
 'tis not ftrange that they remain'd fdent. But a Satyr which llew 
 about from that Qiiarter at the Council of Conftance^ againft the 
 Pope and all the Clergy, fhews plain enough what their Sentiments 
 were in this Matter, and that if they did not Ipeak out, they 
 thought as much as others. Moreover, Hiftory fays, that Vincent ''-"cent Veri 
 Terrier, who was the great Preacher of Spain, at that Time, inveigh'd '''"'• 
 in his Sermons againlt the Manners of the Clergy. By thefe Speci- 
 mens therefore, we may judge what was the univerfa! Expe£lation 
 and Bent of People's Minds with refpefl: to the Reformation, imme- 
 diately before the Council of Pifa. We will take a ihort View of ,, 
 what pafs'd there upon this Head. 
 
 XI. After Benedict XIII. and Gregory XII. were dcpos'd, all the 'hxxnder 
 Cardinals fwoie Iblemnly, that which Ibever of them was chofen Pope, Vth's RcgvtJ- 
 he would not diliolve the Council before they had finifh'd the Refor- '',■"",'?!>"' 
 mation of the Church. The Election falling upon Peter of Candie,^^^^^^^^'^'^' 
 Cardinal of the Church of the 'Tivelve Apo files, known by the Name of '• 
 
 tlie Cardinal of M'tlaw., who took the Title of Alexander V, he rc- 
 
 Q^q 2 new'd
 
 3o8 
 
 SESSION 
 T\v E X r Y , 
 Council of 
 
 Vifa. 
 
 Peter d'AiUi^ 
 Ap. r. d. Har. 
 T. I. p. 162. 
 O^tr. Get fan, 
 
 T. II. p. 
 192. Stem 
 L. III. Cap. 
 
 S^, 52, 53- 
 See Dtip'in 
 Bibl. Tom. 
 XII. p. 9. 
 
 DHplli 
 
 p. 360. 
 New Com- 
 plaints after 
 the Council 
 of Ufa. 
 
 The Hijlor^ of the Council 0/ Constance. 
 
 nevv'd as Pope, the Promiie he had made when a Cardinal, and caufed 
 L'cputics ot each iNation to be appointed tbrtnvvith to hiboiir with th« 
 Cardinals for the Keformation. But the tvent plainly proved, thaC 
 Alexander V. gave fuch fair Hopes purely to amule Mankind, and that 
 his only Delign was to get out of Pifa as loon as poffible, after 
 throwing Dull in their Eyes by certain Regulations. In the XXlId 
 SelFjon, he declared by the Archbiihop of P//^, that being touch'd 
 with the Delblaticn and Nectflity of lo many ruined Cluuchct-, lie 
 gcneroully forgave ail the Arrears that were due to the Apoftolical 
 Chamber, to the Day of his ]:<let:tion. He declared alio, that here- 
 after he would not, as was formerly the Cuftom, referve to himfelf 
 the Eilatcs and Spoils of the Prelates and otlier Clergy, who fliould 
 happen to dye at the Court of Romc^ nor the Revenues of the vacant 
 Benefices. Then the Archbifhop of Pifa pvay'd the Cardinals, in the 
 Name of the Council, to forgive, as the Pope had done, their Part 
 of the Arrears that were due to them from the Churches and Cler- 
 gy. Only one Cardinal oppofed it. In the XXIIId Scfllon, the 
 Pope, with the Approbation of the Council, made an Order, that 
 the Lands of the Church of Rome, and other Churches, fliould not 
 be alienated nor mortgaged by him, nor by the other Prelates, till 
 the next Council, when it fliould be more maturely conlider'd. Ihat 
 the Metropolitans, the Bilhops and their Sutfragans, ihould affemble 
 Provincial Councils, before the (leneral Council, becaufe many Abu- 
 les were crept into the Church, through the Defefl: and Uncomnion- 
 nels of thole Councils. That the Benedictines and Regular Ca- 
 nons flrould alfo aifemble General and Provincial Chapters. That the 
 Pope fhould not make any Tranflaticn of Benefices, without hearing 
 the Parties, and without mature Deliberation. Finally, that the 
 Pope was refolved, with the Advice of the Council, to reform the 
 Church in its Head and iMembers ^ that he had even executed Seve- 
 ral Articles of that Reformation already, but that as many other 
 
 which could not be difpatch'd, by 
 
 Prelates were withdrav\n, he 
 
 which was to 
 
 Things rem.ain'd to be done, 
 realbn that federal Ambalfadors and 
 
 referr'd the Conclufion thereof to the next Council, 
 be held at the Expiration of three Years. Mean time the Govern- 
 ment of Alexander V. was as burdenlbme as that of his Predeceifors, 
 as appears from the Complaints thereof made by Peter d^Ailli, John 
 Gerfon, and Theodoric de Niem, all three cotemporary Authors, and 
 Eye-witnefies of his Condutt. This Pope dy'd /l/«j' 3, 14 10, and left 
 the Care of executing the Simouiacal Projefts, which they had con- 
 certed together at Bologna, to his Succclfor John XXIII. 
 
 XII. As the Council of P//^? came to nothing, and as Things went 
 worle and worfe, there was a Necellity of making frefh Complaints, 
 and of thinking of more efTedual Methods to reli,eve the Church 
 
 from
 
 The Hijlory of the Council (7/Co>fisTANCE. 309 
 
 from the OpprefTion it labour'd under, through the Avarice and 
 Ambition ot the Popes, who loaded the Churches, every one in Pro- 
 portion to his Power, with a thouland Kxailions. France in parti- 
 cular renew'd her tditt of i^oc, againft the Annates, the Tenths, 1410, 1411, 
 and the other Uliirpations of the Court of Rovie upon the Eccle- H^- 
 fiafticaf Benefices. John XXIII, on his Part, to execute the Order ^" '•^'-• 
 of the Council of Pifa^ afTembled one at Rome\ but this Coun- 
 cil being null and void, as has been cliewhere oblerved, the 
 Emperor agreed with the Pope, that one fhould be afTembled at 
 Conftance, both for the Union of the Church, and its Reformation^ 
 neither of which could be brought to bear, either at Pija or at 
 Rome. In Expedation of the holding of the Council, all the mofl 
 able Dotlors that were prelent, haften'd to draw up proper Me- 
 morials for the Reformation, which was look'd upon as the Capital 
 Attair of this Council. 
 
 XIII. Among others, Ckmangis had fbme Years ago publifli'd cUmitngit\ 
 a Writing upon the Corruption of the Church, which contributed not Traft upon- 
 a little to the Opening of the Eyes of leveral Princes and Prelates, ^'^^ Refor- 
 and to inlpire them with a Defign to relieve it from the deplorable ^-^^^^Hardt 
 State he reprelents it to be in, in that Piece. 'Tis not a Satyr, nor t. I rit. ' 
 Inventive of any Monk, or any other private Man difgufted with clem. p. 73. 
 the Court of Rome. While Clemangis compos'd this Trai-t, 'tis cer- ^* ^'-^f 
 tain that he always was very cautious of dilbbliging the King of J,^L'^*„7(,''/7* 
 France^ and BenediSl XIII, whofe good Graces he preferv'd, though )?,;,„ op// 
 he was retired from Court to live more at his Eafe in his Prebend of Uemang^.i^ 
 Langres. He was again with Benedi^ XIII, when that Pope fulmi- 
 nated his Bull of Excommunication againft France, and was alio ac- 
 
 cus'd of having compos'd that thundering Piece. Indeed he julVify'd 
 himfelf from that Charge; but 'tis certain, that he did not approve 
 France^s renouncing the Obedience of Benedi&, and that he fupport- 
 ed his Interefts as long as he was able. He dcclar'd alfo in a Letter 
 he wrote to the Council of Conftancc, that he did not approve the 
 Relblr.tion therein taken to chuie neither of the Competitors. An 
 Account of this Piece is given in the Hiftory of the Council of 
 Pifa. 
 
 XIV. NICflOLJS CLEMANGIS had hitherto laid open cn[ou\ 
 the Evil. John Gerjon ftudy d the Remedies. This was the Pur- Tiaft-ioiiths- 
 port of a Trait he compos'd after the Council of Pifa., with this ^''"^<^Sub- 
 Ticle, De Juferibilitate Paps ah F.cclef!a, i. e. Of the Taking away of |f ; . 
 
 the Pope from the Church, to ihew tliaC there are Cafes ivhere:;! a vs'orks T. 
 Pope may be depos'd (r). But as Gerfon only Ipoke of the Article of 11. p. 210. 
 
 ( I > An Account of this Wo rk is given in ;hc Hiftory of the Gouncil of Pifa, T. 
 I, p. 305, 308.
 
 ^10 The Hijloyy of the Council of C o NS t A n c e^ 
 
 the Refoimation in this Treatife indirectly, he wrote an.ither Tra£l: 
 ibme time before the Council of Conjiance, with this iltle, Meam for 
 uniiing and reforming the Church in a General Council (i). This Piece 
 is dedicated to the Cardinal oZ Cambray^ and Gerfon therein anlwers 
 leveral Objections (i), which that Prelate had ftartcd to him, con- 
 cerning the Calling of a General Council. As it lerv'd for a Model 
 to the Deputies of the Nations who drew up the Flan of the Re- 
 formation at Conflance^ 'tis neceflary to give the Subftance of it* 
 Gerfon lays it down in the firft Place for a Principle, That the Ca- 
 tholick Church is a Colleilion of all Cbriftirns, Greeks^ Latins^ Bar- 
 barians, Men, Women, Nobles, Peafants, Rich and Poor-, that Jefus 
 Chrift is the ible tiead of this Body of the Catholick Church, and 
 that the Pope, the Cardinals, the Prelates, theCleigy, Kings, Princes 
 and People, are the Members of it, though conftituted unequally. 
 That the Pope neither can nor ought to be calPd the Head of the 
 Catholick Church, but only the Vicar of Jefus Chrift, who holds 
 his Place upon Earth-, provided neverthelels, that there benoSchilrn, 
 (lum tamen clavis non errct, i. e. or the Keys not out of their Places. 
 That every Believer may be laved in this Catholick Church, even 
 though there were no Pope in the World, becaule 'tis in this 
 Church alone, that Faith, the Sacraments, and Salvation, refide j 
 and that 'tis to her that the Power was given of binding and loofing ; 
 that 'tis this Catholick Church, which, according to tradition, can- 
 not err nor fail, nor be fubjefl: to Schifm and Herely, nor deceive, 
 nor be deceiv'd, and that it never finn'd (;). ' That there's another 
 
 * Church called Apoftolical, which is particular, and included in the 
 
 * Univerfal Church, viz. the Pope, the Cardinals, the Archbifhops, 
 
 * the Prelates, the Clergy '. Ifbafs what, fays Gerfon, is common- 
 ly caWd the Church of Rome, of which they hold the Pope to be the 
 Head, and the other Clergy the Members. 'That may err and fail, de- 
 ceive and be deceived. It may fall into Schifm and Herefy. ' J'w only 
 the Injlrument and Organ of the Catholick Church, and has no Autho- 
 rity but what the Catholick Church gives it for exercifeng the Authority 
 which refides in the Catholick Church only. Gerfon concludes, that for 
 the Welfare, Salvation, Tranquillity, and Order of the Catholick 
 Church, every one fhould employ themfelves forthwith for the Refor- 
 mation of the particular Church, to wliich the Power of the Keys is 
 coinmitted, when the faid Church happens to err, to fall into Schifm, 
 
 (l) This Tiaft is not in the old Edi- (2) See Peter d'AiUi's Obje£lions. V. d. 
 
 tionsof Oerfin. Vender Hardt publifli'd it Hardt, T. I. p- 255, and Setfon's Works 
 
 for the fiift Time in i6i,<, and afterwards T. II. p 867. 
 
 M. Dupin, in his laft Edition of G«/o»'s (,3) Ger/o» thereupon quotes the Canon 
 
 Works, r. d. Hardt, T. I. Part V. Gt((f. Law. Demt. Part JI. c, 244. omnibm. 
 T. I. p. 162. 
 
 3 ia
 
 The Hijtory of the Council <?/ Constance. qn 
 
 in a word, to be corrupted to that Degree as it was then in all Re- 
 fpefts : That indeed w.ien the Pope is not Uifpefted, and there is no 
 Schifin, 'tis the Pope's Bufinels to remedy the Dilbrders that are 
 crept into the Church j but that in Cafes where there are three Popes, 
 equally guilty of the Diliinion and Corruption of the Church, the 
 Care of its Reformation concerns not only Temporal Kings and Prin- 
 ces, but Peafants, Labourers, and the loweft Degrees of Men, and 
 witii miKh more Reafbn, Bilhops, Prelates, and the other Guides of 
 the Church. 
 
 jAfter having laid down thefe Principles, the firft Foundation of 
 the Reformation which the Author eftabliflies, is the Limitation of 
 that Poiver and Authority nvhicb the Popes have for a long T'lme ufiirfd. 
 He maintains, that every Conllitution made in Favour of the Popes, 
 Cardinals and Prelates, ought to be regarded as null and void, when 
 'tis prejudicial to the Welfare of the Catholick Church, and to the 
 juft Authority of Temporal Princes. Upon this Occafion, he falls 
 delpcrately upon \i\\tSextu<. of the Decretals, upon the Clementines, and 
 upon moft ot the Popes Conftitutions. But 'tis proper to hear him 
 in his own Words, ^iis fecit itlos libros, Sestiim ^ Clementinas ? Av" 
 rogantiam, fiiperbiam, juris ordinariorttm locorum tifirpationan, Impcra- 
 iorum Romanoriim injuriofam dctraSlionem, (^ eorum aliorumque potefla- 
 tis periculoftjjimam fuppreffionem, i^ alia mtilta in fecularis £5? fpiritualis 
 Reipnhlic£ Icefionem malit-ose i^ pertinaci arnhitione fahricata, in omni- 
 bus, i^ per omnia concludentcs : Et male ; quia non minus tcrreno Prin- 
 dpi in his qux ad jura pertinent imperii, qitam fpirituali, in his qua ad 
 Deum fpeEinnt, debet ur Obedient ia. Vidt enim Deus hominem homini 
 fubeffe, diiplici ratione, carnali Domino, quia caro eft, £3" fpirltiinli^, 
 quia fpiritus efl. Igitur omnes inobedientes Romano hnperatori, £5? ejuj'" 
 deni Imperio, quia ejus jura ufiirpant, in jlatu damnationis exiflunt, 
 Nihilominus 6? Papa valuer unt obfervari illos ficut fanEla Dei Evange- 
 lia. Et fic de multis contentis in Decretis (y Decretalibus pofl donatio- 
 ncm Conpantini. i. e. Who compos'd thole Books, the Sextus and the 
 Clementine ConfUtutions ? Thev are a Complication of Arrogance, Pride, 
 an Ufurpat'on of die R'uht of the ('runancs, of Places, an injurious 
 J^etraftion ot the Rormn Emperors, and a mott dangerous SupprefTion of 
 the Power to them and ot/'crs a^jpej taining, with many other things 
 malicioufly and moll; ambiticully tram'd to the Hurt of the Repub- 
 lick both Spiritual and Tempcual ; which is quite wrongs becaufe 
 Obedi'jnce is as mucn due to a Temporal Prince in Tilings which 
 belong to the Laws of the Government, as to a Sp, ritual Prince irr 
 thole Tnings which belong to God. For 'tis the Vvill of God tJiaC 
 one Man Ihou'd be lubjccl to another upon a twofold Account ; to 
 the Carnal IVJaller, bccaufe he is Flefh^ and to the Spiritual, becauf^ 
 he is Spirits T hew lore iiil that are dilobedietit to the Rbmah Km-
 
 31 a Yloe Hijlory of the Council of C o n s t a n c e^ 
 
 peror and his Government, becaule they ufurp his Rights, are in a 
 State of Damnation: And yet the Popes wou'd have tnofe Books 
 oblerv'd, as it" they were the holy Golpels of God. And the like 
 of many Things contain'd in the Decrees and Decretals after Co«- 
 
 Jiantine's Donation. 
 
 CERSON is not content with limiting the Authority of the Popes. 
 He lays, that che Church has a Right to depole them, if they ren- 
 der themfelves unworthy of their Character, or are incapable to 
 exercile it. For, fays he, if for the Good of the Publick a King 
 be depos'd, who deriv'd his Kingdom from his Anceftors by Right 
 of Succeflion, how much more may a Pope be depos'd who has this 
 Dignity only by the Eleftion of the Cardinals, and whole Father 
 or Grandfather perhaps knew uot ivbcre to dine ? Is it not very 
 hard to lee the Son of a Fijberman (s) of ^e«/Vf pretend to the Poi- 
 felTlonofche Pontificate as if it was his own Inlieritance, to the great 
 Prejudice of the Church, in Ipite of lb many Kings, Princes and 
 Prelates ? But as there was a Maxim at that Time, which was very 
 commonly receiv'd, v'fz. 'that the Pope cannot be judged by any Per- 
 fon^ Ger'fon combats it with all his Strength as a mere Invention of 
 the Popes. He affirms, and fully proves in my Opinion, that 'tis 
 contrary to the Laws of God and Nature, which both require, that 
 the Pope, as he is a Man, and by conlequence liable to Error and 
 Sin, be alfo fubjeil to be try'd like another Man for all forts of Crimes, 
 and even more fubjefl: than another, becaule his Faults are of a more 
 pernicious Conlequence by realbn of his high Situation. * It can't 
 
 * be the Pope's Authority, fays he^ which renders him facrcdj be- 
 
 * caufe Authority may be common to the Good and the Bad. Nor 
 
 * is it the Papal See •, for 'tis the Man that gives a Sanftion to the 
 
 * Place, and not the Place to the Man. Nor can his Pontifical Or- 
 
 * naments convey this SanL^ity \ for, on the contrary, they only lerve 
 
 * to dilplay the Corruption of his Manners in fuller View'. Gcifon 
 ■ proceeding from Argument to Experience, fhews, that there were and 
 
 are ftill Popes who are Murderers, Fornicators, Ufurers, Robbers, falle 
 Witnefles, Hereticks and Schilmaticks. Is it not, lays he, %ery ridiculous 
 to fee a Simonijiy a covetous Afan, a Liar, an Extortioner, a Fornicator, 
 a proud haughty Man, one in flmrt that is ivorfe than a Devil, pretend 
 to the Power of binding and loafing in Heaven and on Earth ? When 
 aWs done, continues he, the Pope is not greater than Jefus Chrijl or 
 St. Peter, 'who actually fuhmitted to the 'Temporal Powers, and ordcr'^d 
 all Men to do the fame. But above all, Jefus Chri/i having declar''d, 
 as he has done, that his Kingdotn ivas not of this IForld, and having 
 
 (i) This relates to Gf^^o^ XII, a Venetian, and who is therefore call'd a Fifher- 
 .msn's Son, becaufe Vtniee is built upon the Sea. 
 
 avoided
 
 The H'tftory of the Council o/'Constakce. 315 
 
 avoided it when they -would have made him a King, is it tolerable that 
 a Pope^ -who happens to be a Malefa^or or Criminal^ Jhoud be exempt 
 from the Jtirijdikion zvhich Innocence it [elf has been pleas'' d to recognize ? 
 As there was no executing of the intended Reformation, but by 
 the Authority of a General Council reprelenting the Catholick 
 Church, and which by conlequence Ihou'd be fuperior to the Pope, 
 in order for the correcting, and, if necelTary, for the depofing of him, 
 it was no fmall Difficulty to know to whom the Kight of calling a 
 Council belong'd, elpecially at the Time of a Schifm, as was ihewa 
 at the Beginning of this Hiftory. Gerfon declares his Opinion there- 
 upon with a great deal of Fieedom. He fays, that when the Jiufi- 
 jaels in hand is to fupprets a Schifm, and to judge Popes who are a 
 Scandal to the Church, none of chem has a Right to allemble a 
 Council, nor to prel.de in it, not even the Man v^ho is moft generally 
 recogniz'd, and who has the moft Kight to think himfelf the lawful 
 Pope. * For, fays he^ if 'John XXIII, who comes under this laft 
 Confideration, has a mind to alfemble a Council, and prefide in it, 
 who is he that will prcfume to contradi:t him, or to propofe the 
 leaft Thing for the Reformation and the Union of the Church? 
 What Appearance is there, that iVien who have appropriated eve- 
 ry Penny to themfelves by their Relervations and fuch like Prac- 
 tices, will ever conlent to renounce the Pontihcate as long as they 
 are able to keep it. He infers from thence, that in a Time ot Schilm, 
 and when the Trial of a Pope is the Thing in queftion, it does 
 not belong to the Pope to alfemble the Council, but to the Cardinals 
 and Biihops, to the Prelates and the other Clergy, in conjunftion with 
 the Temporal Nobility '•, and that if the Pope offers to call it, 
 no body is obliged to repair to it. However, he gives but very little 
 Share in this Affair to the Cardinals, becaule of their Attachment to 
 the Pope, and of the Intereft they have to fupport him v\^hom they 
 own as inch. ' In cale, fays be, that there's no Fmperor to call a 
 ' Council, the Calling thereof appertains in the firft place to the Bi- 
 
 * fhops, who are, properly ipeaking, the Succeffors of the Apoftles ; 
 
 * and in the lecond place, to the Cardinals (i , who, according to 
 ' the primitive Infticution, are inferior to Biihops, becaule that for- 
 ' merly they were no more than Priefts of Rome let apart for the 
 
 * Burial of the Dead, for the Baptifim of Prolelytcs, and for ad- 
 
 * miniftering the Sacraments to them, the Authority they have had 
 
 (i) Cardinalesautem erant Romz Pres- dum Deum, & Inftinita Ecclefic obti- 
 
 byteri, ordinati ad lepcliendum moituo«, iient Caidinales quam Rpifcopi ; licet u- 
 
 & baptizandum noviter vcnientes ad fi- fuipativc oppofuuin pareat in eildem. 
 
 dem, & eis Ecclefiaftica Saciamenta mini- Gerf. cap. lyap.V.d Hardt, T.I. Part V. 
 
 ftrandum. Ergo minoicm locum fv-cun- p. 104. 
 
 Vol. II. R r ^ fuoce
 
 5^4 ^^-^^ Hijiory of the Council of Constance. 
 
 * fince being nothing better than Ufurpation'. :;. He maintains, that 
 'tis the Emperor's Province, in Qi_iality of Advocate and ProteHor of 
 the Church, to aflcmble the Biihops, Cardinals, the other Clergy and 
 Dotlors, in Concert with the Kings and Princes of Chrillendom, who 
 are obliged to perform the lame Fnndion when an Emperor is want- 
 ing. He fpends a whole Chapter to prove from Hiftory and from fe- 
 veral Arguments, the Right which the Emperors have to alfemble 
 Oecumenical Councils, and among other Inftances, he mentions that of 
 
 In 9^3. Otho I, who affembled two Councils at Rome ^ in one of which he 
 caus'd Pope John XII. to be depos'd by reafon of his Misbehavi- 
 our \ and in the other, Benedill the Antipope, whom the Romans had 
 elected contrary to the Oath they had taken to chule none but with 
 the Emperor's Confent. One can't exprels with more Force than 
 Gerfon has done, the indifpenfable Obligation which Emperors, Kings, 
 and all Temporal Princes and Lords are under to ule their Autho- 
 rity, and to Jacritice their Lives for the Good of the Church, of 
 which he looks upon them as the Fathers, Phyficians and even the 
 Surgeons, who have receiv'd the Right of plucking up and of cut- 
 ting off from the Crown of the Head to the Soles of the Feet 
 every Part that is corrupted and mortified. * F'or, f»ys he, as wc 
 
 * have (een the Emperors, Kings and Princes of the Age, undertake 
 
 * with the Hazard of their Lives and Dominions to recover the Ho- 
 
 * ly Land out of the Hands of Infidels, iliou'd they be fparing of 
 
 * their Pains, or even of their Lives, to refcue Chriftendom itfelf 
 
 * from the Oppredion which it labours under by the Schifm, and by 
 
 * the Irregularities of the Popes and others of the Clergy' ? 4. On 
 Failure of the Kings and Princes, Gerfon fays, 'tis the Care and Con- 
 cern of all Chriftians, even down to the Peafant, to affemble a Coun- 
 cil (1), and even of the meaneji old Woman, becaufe the Catholick Church 
 may be fav'd in the meant fl old Woman. 
 
 After having eftablilh'd the Superiority of the Council, and the 
 Right of the Emperor, Princes and all Chriftians to afTemble one 
 for fupprefling the Schifm, and reforming the Church •, he propofes 
 fome Rules to be follow'd for attaining to this End. The firll is, 
 that the Catholick Church take care never to fu.Ter any Pope, under 
 any pretence whatfoever, to contravene the Decrees of a general 
 Council, to interpret them as he pleafeth, nor to alter them in the 
 leaft, becaufe fuch Alterations, when there are any to be made, be- 
 long to another General Council. * 'Tis, fays be, more clear than the 
 • Day, that the Decrees of the Four firft Councils have been caft into 
 
 (1) Sicut Ecclefia Univerfalis poteft catio Concilii fieri per miniraam vctulam. 
 falvari in minima vetiila, (ic ad falvatio- Ctrf. »bi fuf. f. ll^. 
 ncm Ecclefi* Univerliilis poteft Convo- 
 
 2 * Oblivion
 
 The Hipry of the Council 0/ Constance. 515 
 
 * Oblivion and quite abolifli'd by the Avarice of the Popes, the 
 
 * Cardinals and Prelates, by the Pontilf s Refervations, by the Con- 
 
 * ftitutions of the Apoftolical Chamber, by the Rules of the Chan- 
 
 * eery, by Difpenfations, Abfolutions, Indulgences, by the Confeflion 
 
 * Chairs, and by the Offices of the Penitentiary '. He maintains, tliac 
 an Oecumenical Council has no Right to excufe any Perlbn whatlb- 
 ever, not even a Pope, from the Oblervations of its Decrees ^ be- 
 caule this wou'd be conferring on the Pope the Authority and Cha- 
 racter of the Catholick Church, which, according to Gerfon^ can 
 not appertain to him. He fhews, that 'tis from this Liberty, which 
 is given or indulged to the Pope, either thro' Ignorance, or thro' Weak- 
 nels, or Self-intereft, that all the Diforders of the Church have pro- 
 ceeded. He exprelfes himlelf with io much Force upon this Subjeft, 
 that 'tis neceffary to hear him. ' The Court of Rome has invented 
 
 * a thoufand Offices to get Money, but Icarce one for the Cultivati- 
 
 * on of Virtue. All the Talk there from Morning to Night is of 
 
 * Armies, of the ftveral Ibrts of Weapons, of Lands, Towns, Money ; 
 
 * whereas Chaftity, Almlgiving, Juftice, Fidelity and good Manners, 
 
 * are feldom or rather never mentioned : So that this Court, which 
 
 * was formerly Ipiritual, is become worldly, diabolical, tyrannical, 
 
 * and worfe than any Secular Court '. When he comes to examine 
 upon what Foundation the Pope has rendered himfelf the foveraign 
 Dilpoler of all the Benefices and of all the Revenues of the Church 
 throughout the Chriftian World, he alferts, that this Foundation is 
 null and void, and that there's no Time, nor Law, nor Cuftom, 
 which can authorife fuch an Ufurpation. ' Jefus Chrift(i), fays 
 
 * he^ only gave to St. Peter the Authority which he gave to the 
 
 * meaneft Bifhop, of binding and loofing, but did not confer upon 
 
 * him the Power of dilpcnfing either Benefices or Revenues ; nor 
 
 * did St. Peter exerciie fuch Power. 'Tis very true, continues 
 
 * he^ that as the Church grew up and Ipread into feveral Parts 
 
 * of the World thro' the Piety of Kings and Emperors, there was 
 
 * a Neceffity for a different Government. This obliged the Catho- 
 
 * lick Church to give to the Pope in feveral Oecumenical Coun- 
 
 * cils which reprcfented it, the Power of dilpenfing certain Benefices, 
 
 * but all the others were left to the Difpofal of the Ordinaries! 
 
 * Thus the Patriarchs and Cardinals were eftablilh'd by the Popes, 
 
 * Primates by the Patriarchs, Archbilhops by the Primates, Bifhops 
 
 * by Archbiihops, Abbats and other Dignitaries by the Ordinaries '. 
 
 (i) Ncn Icgimus Chrlftum illi contu- Petrum h«c fecifle. Sed folum hanc 
 
 !i(Tc potcftatem, Beneficia, Dignitares, potcftatem ei tribuit fpccialem fcriptam 
 
 Rpifcopatus, Villas, Terras difpcnlandi Matth. xvi. ijuam ctiam minimo mundi 
 
 aut diftribuendi, fed ncc un^uam legimus Epifcopo conccflit. 
 
 R r a He
 
 gi^ The Hijlory of the Council <?/ C 6 N s T a n c e^ 
 
 He pretends that this Dilpofition laded twelve hundred Years, and was^ 
 only changed thro' the inlatiable Avarice and Ambition of the Popes, 
 who referv'd to their own Dilpoial iiich tftates as did not belong 
 to tliem, but to the Catholick Church on which they were beftow'd 
 by the Liberality of Emperors, Kings and Princes, only for the iVlain- 
 tenance of the Poor and of the Ecclefiaftical Miniftry. He infers 
 from thence, that the F.mperor, Kings, and all Powers are in Con- 
 fcience obliged vigoroufly to oppofe lb manifeft a Tyranny, and that 
 they ought not to fuffer the Spoufe of J ejus Chrift to be proftittited^ like 
 a Harlot, to Murderers, Adulterers and Ravipers. Thele are the En- 
 comiums he beftows upon BenediB XIII, Gregory XII, Alexander V, 
 and John XXTII, by Name. Here he raves terribly againft the 
 Rules of the Chancery, by means of which, Churches, Prebends, and 
 other Ecclefiaftical Benefices, are conferr'd upon Murderers, and upon 
 all manner of Scoundrels, fuch as Cooks, Grooms and Mule-dri- 
 vers (i), while the Perlbns moft capable of Ecclefiaftical Employ- 
 ments are overlook'd. 
 
 These Retleftions upon the Tyranny and upon the Antichriflia- 
 nity (2) of the Popes, give Gerfon Occafion to propofe a lecond Re- 
 gulation, which is, to chufe neither of the Competitors for Pope, 
 even tho' they fliou'd voluntarily refign, nor any one of the College 
 of Cardinals-, but to look over all Chriftendom, and to chufe the 
 Man of greateft Efteem. for his Knowledge in Holy Writ, and for 
 the Purity of his Manners. For the Excluding of the Competitors, 
 he alledgss certain Inconveniencies which might arife from the Ele- 
 ftion of either of them ;, as for example, tholb in the Obedience of 
 him who happens to be eleflred may boaft of having had a true Pope 
 all along, and reproach the other Obediences with having been fchit 
 matical. This Refolution was taken accordingly in the XLth Sefilon, 
 as we have leen. The Cale was not the fame with relpeft to the 
 Cardinals, becaufe he that was choien Pope was a Cardinal ^ nor does- 
 it appear, that it was fo much as put to the queftion, whether they 
 fliou'd chule a Cardinal, or any other Prelate, if he was but worthy of 
 it. Neverthelels the Reafon which Gerfon offer'd for excluding the Car- 
 dinals was not fb trifling as to be difregarded ; for it was the Scandal 
 they had given by the Choice of fuch forry Popes, and the Fear 
 that they would not break themlelves of the Trade they had lb long 
 been accuftomed to 'in Simony, and the Jobbing of Benefices. He 
 might alio have inftanced in Clement V, who was not one of the. 
 In i$05-. College of Cardinals when he was chofen to fucceed Beftedi^'^I, 
 
 (1) Co<jui, Stabularii, Muletarii. 
 
 (2) Non Chrifti, fed mores gerum Antichrifti, p. 127, 
 
 GERSON:
 
 T^e Hijftory of the Council <7/ C o n s ta n c e^ §r7 
 
 CERSO N propofes a third Rule which may be deem'd as a 
 Conlequence of the laft, vix. That a Pope may not be elerted as 
 iifiial by the Cardinals only, but by fuch Deputies of the Council 
 as fhall be chofen out of the raoft learned and mofl virtuous in the 
 Aflembly. 'Tis true that the Cardinals had been for above two Cen- 
 turies in Pofledion of the fole Right di eletling the Popes («)^ but {a) VnAcr 
 as Things now flood, it was impoffible to leave the Choice thereof ^»»<"^f»' If.' 
 fblely in the Breaft of the Cardinals, without giving a great deal of '^'^°'"^" '" 
 Scandal, and expoling the Church to the Danger of a new Schifm \ owlti&r ap 
 whereas by this Choice of Eleftors there was Hopes of having a viatin.o.iif} 
 better Pope than the preceding ones, and of remedying all the Grie- 
 vances of the Church, whofe Members wou\l then conform to their' 
 Head. The greatejl T'yrants among the Princes of the ,4ge ivill net 
 dare, fays he, to rebel againft the Church, nor to rob her of her Re- 
 venues and Privileges, ivhen they fee a religious honefl Paftor -y whereas 
 now, ivhen they rife up againjl Popes, they attack an Enemy to tha 
 Faith, and a Man who does the Works of the Devil rather than thofe 
 of God. From hence he takes Occalion- to make fome Refiedions 
 upon the Title of Servant of the Servants of God, which the Popes- 
 have aiTum'd ever fmce the Time of Gregory the Great, who was the 
 firft that took it. * All the Bulls of John XXIII, fays he, begin- 
 
 * with a Lye ; for if he v,?as the Servant of the Servants of God,, 
 
 * as he fays at the Head of thele Bulls, he wou'd employ himlelf 
 
 * in doing Service to the Faithful, and wou'd aiTift the Poor who are 
 
 * Members of Jeliis Chrift. But inrteadof linding him attended by the 
 
 * Poor, or by Perlbns diftinguifh'd for their Wifdom and Virtue, we 
 
 * fee none about him but great Lords, Beaus, Bullies, Soldiers and 
 
 * Rafcals,;). He ought rather to alfume the Title of Lord of 
 
 ' Lords, becaule he prefumes to boafl: that he has as much Power as \ 
 
 * Jefus Chrift had both as God and Man (:). Gregory the Great, con- 
 
 * tintics he, might well aifume the Title of Servant of the Servants of 
 
 * God. he fed the Poor, and yet was poor himlelf. He conferred 
 
 * Benefices upon none but Perlbns of Virtue and Abilities : He 
 
 * preach'd theGofpel himlelf to his Clergy and Laity: Hecompos'd 
 *■ Treadles to ftrengthen Believers in the Faith: i:ie fent Preachers 
 
 * into England, and leveral other Parts of the World, to convert the 
 ' Infidels: He honour'd the Emperors: He reftrain'd the Luxury 
 
 * of the People of Rome, and by his Exhortations prevented the 
 
 * Icandalous Effeds of Debauchery ' (0- ^'s>Gerfon doought liimlelf- 
 
 (i) Purpuratos, bene veftkos, facnaan- Homo. Ctr[. vM fup, p. 15 j. 
 nos, tyrannos & foldatos, p. 1,5. (3) Ec Ilia Oratione ad Dominum Po- 
 
 (z) Quia prslumit diccre, cflc taiitanv puluin Romanuin a pefte inguin.ffislrbe- 
 fuam potcftatcm quantam Chriflus habuit, rabnt. lb. f. 138. 
 fcciinaum <juod Deus £c lecuiidura c^uod 
 
 pfciigedi
 
 5 1 8 The Hijlory of the Council <?/ Co n s t a n c f. 
 
 obliged to declare his entire Opinion upon a Matter of ftich Impor- 
 tance, he makes a very curious Refleftion upon the Seal of the Apo- 
 ftolical Bulls. // happens^ fays he, as it ivere by Miracle^ that ive fee 
 two HeActs reprefented in the Seal of the ^pofiolical Bulls. "The firfi is 
 the Head of St. Paul(i), who never was Pope nor Biflwp\, and the 
 fecorid is that of St. Peter, who was a Pope. St. PaulV Heady fays 
 he, is put there to fijew that Knowledge is more necejfary in a Pope 
 than Authority. He carries this Sentiment very far ^ but v?hat we 
 have laid may fuffice to give a general Idea of Gtrfons Sentiments 
 concerning the Reformation of the Church, which in the Clofe of 
 his Treatile he reduces to thele principal Points. * That Princes, 
 whether Spiritual or Temporal, ought to alfemble and diredt the 
 Council. That 'tis neceflary to reconcile the feveral Obediences to- 
 gether, and to chufe a good Pajlor, who may be recogniz'd and ap- 
 prov'd by all Mankind for his Probity as well as Learning. That 
 his Power muft afterwards be reftrain'd, in order to reftore to other 
 Prelates their juft Authority. That the Canons of the Primitive 
 Church muft be renew'd and fet upon their old Foot. That the 
 Eftablilhment of the Pope and Cardinals be fo wifely regulated, as 
 not to be longer expos'd to the Danger of Schifm. That Mona- 
 fteries and Cures be provided with proper Perfons, and that they 
 be given no longer in Commeudam to the Cardinals, unlels they are 
 poor, and are willing to refide in them, and to take the fame Care 
 thereof as the Parlbns do. That the Abules, Violences, Rapines and 
 manifeft Extortions of the Apoftolical Chamber, together with the 
 pernicious Conftitutions (2) of the Popes, and their unjuft Excom- 
 munications, be entirely abolifh'd. That CommendamSj the Incor- 
 porations or Unions of Churches made during the Schifm, the 
 Ereflions of Monafterics into Parochial Churches, the PofTeffion 
 of leveral incompatible Benefices, under pretence of Difpenlations 
 from the Popes, be made void. That Care be taken that the Aca- 
 demies be provided with able Teachers, and that no Doflors be 
 admitted therein upon flight Grounds '. I will only make one Re- 
 mark upon this Treatile. It is, that there's a Fault, of which the 
 Council was ienfiblc, namely, the putting down the Reformation in 
 it after the Eleftion of a Pope. Which is juft as if a Man Ihou'd 
 olfer to clip the Pinions of a Bird on the Wing, or to bridle a Horle 
 on the Gallop. 
 
 XV. Peter d'Ailli, then Cardinal of Cambray^ gave into thefe Ar- 
 guments of Gerfony and a little before the Council, himlelf wrote a 
 Trcatife concerning the Necejity of Reforming the Church in its Head 
 
 Teter d'AillVs 
 Trcatife on 
 the fame 
 Subjea. 
 V A. liatit, 
 T.I. p. 277. 
 
 (i) St. Vaul was a Doftor of the Centi'lei, and had been educated at the Feet of 
 the Rabbi Gamaliel. (t) Pejliferas Confiitutienn. 
 
 and
 
 The Hijiory of the Council <?/ Constance. 319 
 
 %nd Members. This Traft was firft made publick by the Care of 
 Dr. Von der Hardly who copy'd it out of a Manulcript at Vienna^ 
 and for the Reader's Conveniency has divided it into thirty Chapters. 
 This Author is no more to be fuipefted than the former. He was 
 a very great Favourite with Benedi£l XIII, who made him Bifhop of 
 Pay in Velay^ and afterwards of Cambrayj and he aftually fupported 
 the Interefts of that Pope with the Hazard of his Life, at the Time 
 that France withdrew her Obedience from him. Peter d'Ailli being 
 afterwards made a Cardinal by John XXIII, was always of the fame 
 Opinion that he declared himfelf of when he was but plain Doftor. 
 Among Gerfon's Works we find fome Letters and Fragments of Let- 
 ters, wherein Peter d^Jilli Ipeaks to this Pope with a great deal of 
 Freedom, particularly one, of which it may be worth while to give 
 t le Subftance of I, He therein reprelents to John XXIII, that 'tis 
 his Province to undertake the Reformation of the Head of the 
 Church, of the Apoftolick See, and of the Church of Romej in the 
 General Council that is to be afiembled. II. He afterwards makes 
 Overtures for the Suppreflion of the Schifin, and for the Reftoring 
 of Peace to the Church. The chief of thefe Overtures is to go to 
 the Sources of the Evil, in order to flop them up. He mentions 
 three Sources, i. The feditious and tumultuous Behaviour of the Peo- 
 ple of jRow^. 2. The Diflimulation of the Cardinals, who did not take 
 it into their Heads to complain of the Violence done them till it 
 was too late. 3. The Intrigues for the Eleftion of a Pope, the 
 French Nation, which had for a long time been Matters of the Elc- 
 ftion, being defirous to maintain themlelves in that Privilege, while 
 the Italians on the contrary were for a Roman or at leaft an Italian 
 Pope. In order to remedy the firft Inconvenience, Peter d'jiiUi is of 
 Opinion that the Court of Rome fhould refide for the future but in 
 one Place, where the Pope and Cardinals may be entirely lecure, 
 and where the latter may proceed freely to the Ele£lion of a Sove- 
 raign Pontiff. As to the fecond Inconvenience, he wou'd have a cer- 
 tain Time fix'd, after the Expiration of which the Cardinals ftiou'd 
 be no longer at liberty to complain of any Violence, nor to alledge 
 the Pretence of any Fear. To obviate the third, he thinks it fit, 
 that hereafter there be not lb many Cardinals created of one and 
 the fame Kingdom, Nation or Province, as to be able to carry it 
 by a Majority of Voices in the Eleftion of a Pope, but that they be 
 chofen out of each Nation without Refpeft of Perfons. Ill, As he 
 does not doubt but the Sins of the Church have involv'd it in a 
 Schifm fo tedious and lb obftinate, he thinks it expedient that the 
 Church o( Rome^ which is the Head of all the others, fliou'd begin 
 with reforming its own Manners, in order that it may exert itfelf with 
 more Authority and Succcfs in the Reformation of its Members, and 
 
 labour
 
 3 2.0 The Hijiory of the Council of C o n s t a n c eI 
 
 labour effeftiially to pacify the Teltiporal Kings and Princes, whofc 
 Divifions and V\ ars were fb fatal to Chriftendom. 4. That as was 
 formerly done at the Council of Lyons^ another general Paflage 
 may be eftablifh d beyond Sea, as well for going to the Relief of the 
 Holy Land, as for the Reduftion of the Greeks and the other Schif- 
 maticks : A Motive which he thinks very proper to induce the Chri- 
 llian Princes to make a good Peace, or at leaft a long Truce. Laftly, 
 he is of Opinion, that before the AlTembling of a General Council, 
 the Apottolical See fhould nominate CommifTioners to digeft every 
 thing that is therein to be dilcufs'd concerning the Reformation of 
 the Church, to the end that when the whole is laid before the Pope, 
 {a^ vp.Gerf. j^g may be able to get it ratiFy'd in full Council (a). 
 
 "^SSa ts^' ^^ ^^^" ^""^ ^^^^^ ^'^^^^' talking of the Neceffity of a Reforma- 
 ^' ^' '' tion, and the Manner of executing it, in the fame Strain as Gerfon 
 who had been his Difciple. The firft Chapter is taken up in a gene- 
 ral Reprefentation of the Corruption of the Church, and in confuting 
 the Pope's pretended Infallibility. ' 'Tis not to be imagined, fays 
 
 * Peter £ Ailli, that St. Peter, by receiving the Keys of the Church, be- 
 
 * came incapable of finning, fince all the Time that he was upon Karth 
 
 * he was capable to err and fin according to the Ule he made of his 
 
 * Liberty, 'Tis a Miftake to fay, that as foon as a Man is a Pope, 
 
 * that alone makes him Holy, as the Canon Lawyers fay, wlio pre- 
 
 * tend that the Papal Chair finds a Pope Holy, or makes him lb. 
 
 * We read that there have been Popes that were Hereticks, Sorce- 
 
 * rers(^i), covetous, proud or criminal in other refpeils ; and 'tis a 
 
 * great Paradox to fay, that the Eleftion of them confers Sanctity 
 
 * upon them'. In the lecond Chapter (Tyiilli fhews, that in order 
 to give Peace to the Church, 'tis abfolutely neceffary to oblige the 
 Three Competitors to refign, and that he who ihall be elefted after- 
 wards ought to be a Man of Wifdora, Good Manners, and capable 
 of that Adminiltration. To fiicceed in this Choice, he is not of 
 Opinion any more than Gerfon, that the Cardinals alone fliou'd be de- 
 pended on, but he wou'd have the moft able of the Prelates affbcia- 
 ted with them, becaufe if the Eleflion was intirely in the Bread of 
 the Cardinals, they wou'd not fail to caft it upon one of their own 
 Number to the great Scandal of the Church. Woud to God, fays 
 he at the End of this Chapter, that I cou'd but fee the 'Three Rival 
 Popes together in their Pontifical Habits, behaving all 'Three as Popes, 
 md officiating at the fame time Pontifically ! I am fure they ivou^d 
 be fo much confounded to fee themfelves all together in this Condition, 
 that they woud not fcruple to unite the Church again under one Head. 
 The third Chapter is againft Relervations, and other Simoniacal Prac- 
 
 (i) HKreticum & Necromanticum. 
 
 3 tices.
 
 The H'tjlory of the Council ^Constance. 321 
 
 tices. Peter cV Ailli fays, the Church had exiiled eight hundred 
 Years before there was any Mention of Refervations, \\-\ the fourth 
 Chapter, cVAllli wou'd have the Pope obh'g'd to obey the Decrees of 
 tht Council, and that if he contravene the fame, the Arclibifhops 
 and Bifliops ihou'd be authoris'd to difobey him, and to rejefi: his Bulls. 
 In the fifth Chapter he lays, that the Pope ought not tobe fuffer'd 
 to veft the Patrimony, or Lands of the Cluirch of Rome^ in the 
 Management of his Nephews or Kindred, but of Cardinals of known 
 Probity and Prudence, chofen with the Confcnt of their whole 
 College. He maintains in the fixth Chapter, that if this Patrimony 
 is duly manag'd, there will be enough to maintain the Pope very 
 honourably, fo that he need not make a Refervation to himfelfof the 
 Ecclefiaftical Benefices, to the Prejudice of the Churches and their 
 Paftors. In the lame Place he reprefents ftrenuoully, that 'tis a great 
 Abufe to give Archbifhopricks, Bifhopricks and Abbeys in Commen- 
 dam to the Cardinals, becaufe they put in Mercenaries to govern 
 them who take no Care of the Lord's Flocks. Is it neceff'ary, fays 
 he, for Cardinals to live 'with fo much Pride and Pomp, and that a, 
 Man, whom ive faw yefterday walking in the Streets with only one Clerk 
 in his Company, netv he is made a Cardinal (Fortuna annuente, i. e. 
 by Fortune's Smile) fiou'd take tip fo much Room as if the luhole 
 IVorld was fcarce ivide enough for him, and fir ut with as great a 'Train, 
 at his Heels as if he was at the Head of an Army jufi ready to give- 
 Battle. The Man that Ipeaks thus of the Cardinals, is himfelf no 
 lefs than a Cardinal. The other Chapters are taken up principally 
 in Arguments againft the Refervations, the Origin whereof he alcribes 
 to Boniface VIII, John XXII, BenediEl XII, Clement VT, and his 
 Succeflbr •, againfl Simony ; againft the Incapacity and Unworthinels 
 of Perfons advanced to Ecclefiaftical Offices; againft Titular Bifhops j 
 and againft fuch as do not take Orrlers, an Abufc which is very com- 
 mon in Germany. In the thirteenth Chapter, he propofes a Confe- 
 deracy between the Emperor and the Pope, whereby they ihou'd 
 engage to afTili; one another with all their Power and Authority to 
 recover the Equates ufurp'd from the Empire and the Church, in Italy 
 and elfewhere. In the 14th and isth Chapters, he is in the firft 
 place for engaging the Tnrkifa and Pagan Princes who are converted 
 to Chriftianity, to fvvear foleinnly to the Pope and the Emperor, that 
 they will make no Treaty with Inhdels and Schifmaticks. Secondly, 
 he propoles the fixing of a general Paffage for the Conqueft of the Pajfaglam 
 Holy Land, as was praftis'd in the Time of Pope Urban II, and the generak. 
 Emperor Ilenry V, in a Time of Schifm, and for this purpole to 
 raife the Tenths throughout all Chriflendom for the Space of Three 
 Years, He jays, that fuch an Expedition may very much promote 
 the Union, becaule it wou'd purge Chriftendom of a great number 
 
 S f of
 
 322 The Hijiory of the Council of C o n s t a n c-eI 
 
 of wiclccd Snbjefts that diflurb and diftraft it. '7/i -Much better, lays 
 he, to order the 1'cntbs for a pious Enterprife, than to grant them, as 
 the Popes do, to the Chriflian Princes to make War upon one another. 
 I will conclude this fort of Extract with two Remarks made by 
 Chap. VII, Peter d' Ailli \ one, that by their Refervations the Popes had alienated 
 and IX. leveral Kingdoms from the Church of Rome, particularly thole of Si' 
 cily, Bohemia, Hungary, TLngJand, Siveden and Denmark, becaule after 
 the Time of Boniface IX. there went no more Clergymen from thole 
 Kthgdoms to obtain Benefices. The other is, that as it was the 
 Simony of John XXIII, which llirr'd up John Hus, and excited all 
 the Troubles in Bohemia, there was no Hopes of appealing them but 
 by the Reformation of the Court of Rome. 
 ATiaaof XVI. Hitherto we have feen Clemangis and Peter cTJilli ma- 
 Theedoric vrie king a Sacrifice of their private Interefts, and of that Afteclion they 
 *:°"""""S had for the Popes whole Authority they recognis'd, to the publick 
 nmion °^' Good. The firlt gave no Qiiarter to BenediSl XIII, tho' he was of 
 his Obedience ; nor the lecond to John XXIII, tho' he was his Le- 
 gate. Thole of Gregory''s Obedience were not more favourable to 
 the See of Rome, and, without Fear of offending him whom they 
 acknowledged to be the Head of it, talk'd with the fame Freedom 
 as thofe of the other Obediences. Of this we have a fpecial Monu- 
 ment in the Hiftory of I'heodoric Vrie, which we have frequently 
 had Occafion to mention. Tho' it fiivours ftrongly of the Barbari- 
 ty of that Age, and of the Monaftick Character, yet 'tis remarka- 
 ble in that it contains a concile Hiitory of the Council of Conftance^ 
 and leveral Particulars concerning the Lives of the Popes, elpecially 
 fince the Schifm. It abounds with very lively Defcripcions of the 
 general Corruption of the Clergy. The following is a Specimen of 
 it, in which we Ihall find the Pope and the Court of Rome cleverly 
 fet off. 
 
 'Tis the Papa Stupor Mundi cecidit, fecum cecidere 
 
 Church C^h'ca Templa, mea 'membra, fmnlque caput. 
 
 which Pflpa Dolor ! Mundique Pudor ! per crebra patefcit 
 
 ^TinitrM Crimina feu feeler a, famine fonifero / 
 
 ^ i p ij_ Heu Simon regnat, per munera qu^que reguntur j 
 
 Judiciumque pium gaza nefanda vetat. 
 Curia Papalis fovet omnia fcandala mundi, 
 
 Dehibra facra facit, perfiditate, forum. 
 Ordo facer, Baptifma j'acrum cum Chrifmate fan&o 
 
 Venduntur turpi conditione foro. 
 Dives honoratur, pauper contemnitur, atque 
 ^i dare plura valet munera gratus erit. 
 
 3 .^urea
 
 The Hijlory of the Council <?/ Constance. 325 
 
 Aureci qua quondam fuit-, hinc argentea^ Papa 
 
 Curiay procedit deteriore modo. 
 Ferrea debinc fa£ia^ dura cervice quievit 
 
 Tempore non modlco, fed modo fa6la latum. 
 Pojlque lutmn quid deterius filet eJJ'e ? Recorder y 
 
 Stercus. Et in tali Curia tota fidet. 
 
 i. e. 
 
 * The Pope, the Amazement of the World, is fallen, and with 
 
 * him the heavenly Temples, my Members, and the Head. The 
 
 * Pope, the Sorrow and Shame of the World, is proclaim'd by Fame's 
 
 * Trumpet for his numerous Crimes. Alas, Simon reigns, all things 
 
 * are govern'd by Gifts, and juft Judgment is debarr'd by wicked Bri- 
 
 * bery. The Pope's Court cheriiheth all the Scandals of the World, 
 
 * and by Perfidioulhels turns the facred Temples into a Market. Sa- 
 ' cred Orders, holy Baptifm, and the facred Chrifm are fold upon vile 
 
 * Terms in the Market. The Rich Man is honour'd, the Poor de- 
 
 * fpis'd, and he is the moft welcome that is able to give the greateft 
 
 * Rewards. The Pope's Court, which was a Court of Gold formerly 
 
 * and then of Silver, grew worfe and worfe, till it came to be a Court 
 
 * of Iron, in which State it reiled a confiderable time ^ but now 
 
 * 'tis become a Court of Mud. After Mud what do we ufe to rec- 
 
 * kon worle ? I remember. Dung : Which is now the Station of the 
 f whole Court. 
 
 XVII. We have heard the Complaints and Groans of feveralNa- zaharella's 
 tions. We have heard Gobelin Perfona, Theodoric de Niem, Tbeodoric Advice for 
 J^rie^ Ipeaking for Germany \ Nicholas Clemangis, Peter d" Ailli and t'le Refor- 
 John Gerfin^ for Trance j Paul TAngloh and Richard Ulhrjion, for '"^"^'"'^ 
 England. I have fhewn that the fame werp f-he Sentiments in Italy^ 
 where they had a nearer View of the Source of the Evil. Za- 
 iarella did not forget at the Council of Conflance the Sentiments 
 which he had deciar'd at the Council of Pi fa. Nor can his Tefti- 
 mony be liable to Sufpicion. iie was a Cardinal, as well as Peter 
 d'Aillij and by confequence not much interefted to be very zealous 
 for the Reformation of the Court of Rome : Having been rais'd to 
 that Dignity by John XXIII, it was natural for him to be in that 
 Pope's Interefts. He even liipported thole of the Court of Rome m 
 the Council, when he found that fome Perlbns were for pufla- 
 ing Matters too far againft it. When they were for ftriking at cer- 
 tain Privileges of the Cardinals, he flrenuoufly oppos'd it. We have 
 leen what pafs'd in the IVth Sedlon, when Zabarella pronounced the 
 Decrees according to the Opinion of the Cardinals, and not accord- 
 ing to the Refolution of the Nations. Therefore we ought to look 
 upon thofe Pieces which Zabarella compos'd for the Relbrmation of 
 
 S f a the
 
 i$24 The HiJIory of the Council <?/ C o n s T a n c e.' 
 
 the Church, as Pieces that are fecure from all Sulpicion of Hatred 
 r. d hardt, ao'i Partiality, Upon this Subject Dr. Fon der Hardt found among 
 T.III.p5:6. the IV'SS. of the Vienna, Library, a Piece written by an anonymous 
 Author, whom he conje£lures by very plain Tokens to be this Car- 
 dinal, It conllfts of fcventeen Ciiapters, wherein the Author lays 
 down a Plan of the Reformation which was to be made in the Coun- 
 cil Q^ Confiance. It contains very near the lame Articles that we find 
 in the foregoing Trails, with this Diifeience, that Zaharella expreffes 
 himlelf with more Decorum than moft of the others, with regard to 
 the Pope and the Court of Rome. 'Tis necefiary to give an Abridg- 
 ment of it. The two firft Chapters relate to the Reformation of 
 Doctrine, elpecially in Bohemia. The Author adviles the putting 
 into the Hands of the Clergy a certain Treatiie oT Gerfot?y concerning 
 the general Principles of Fai'.b^ after having caus'd it to be examin'd 
 and corre£led, if necelTary. As Gerfon composed leveral Trails upon 
 Divinity in general, 'tis not eafy to know which is that recommend- 
 ed here. This Chancellor of the Univerfity of Paris corapos'd one 
 in i4i(j, wherein he makes a Diftinction between necelfary Truths, 
 Truths barely probable, llich as may be ploufly believ'd, and laftly, 
 fuch Propofitions as do not appertain to Faith. But I don't think 
 that this was the Piece Zaharella alludes to, becaule it was written 
 at Conflance on account of Ibme Propofitions which Gerfon liad advan- 
 ced concerning the immaculate Conception of the Virgin and even of 
 «<r/ T. I. "Jofeph her Husband. Befides, moft of Gerfon's Conclulions in this 
 ^Y'^J'^*^- Treatiie bear againft John Petit and his Defenders. Therefore 'tis 
 P- v4- jiriQj-g pi'obable, that the Work intended here is a Compendium or 
 cerfoniana. Abridgment of Theology which we find among the Works of Ger' 
 fol. 44. j})„^ but whirh however is not his, at leaft as M. Dtipin thinks. Za- 
 barella liiys, 'tis ihc more npreflary to recommend and propagate this 
 Treatife, becaule in many Diocefes there's au infinite Number of Peo- 
 ple who know nothing of God, nor of the Things neceHIiry to Sal- 
 vation. He is of Opinion alfb, that the Council fliould draw up 
 iacfit fiigh.e certain Thefes or Articles founo'ed upon the Holy Scriptures, and 
 & juris qui- upon the Canon Law which is ftudied in the Univerlities, and that 
 iiij fiudia they Ihould explain thole Doubts that may arife from both j that 
 MuvtuT. th.Q Extravagantes {1), compos'd after the Council of Plenne flioii'd 
 be revis'd, and four Dolors chofen to examine the Books of Divi- 
 nity, and to clear up the Difficulties in them, to the end that fuch 
 a Work may be authoris'd by the Council, when they have once 
 given their Approbation of it. In the third Chapter 'tis demanded^ 
 
 CO Thefe are Decretals of j^flJiw XXII, which are call'd Bxtrav/iganies , becaule 
 they are not in the Body of the Canon Law. The Council of yien^e vvas affemblcd 
 ia 13 1 1, 
 
 tJiat
 
 The Htftory of the Council of C d N s t a n c e." ^"a$. 
 
 that Deputies be appointed to confider of the moft proper Methods 
 for uniting the Greeks to the Church, and to make a Report there- 
 of to the Council. The fourtli Chapter is taken up in tiic Conlide- 
 ration of Ways and A'leans for avoiding Schilm, in prelcribing Rules 
 for the Election of" Popes, and in prelling the Neceffity of the Re- 
 formation of the Church, firfl in its Head, then m its Members^ in 
 order for attaining to the Reformation of the Temporal Princes and 
 their Lay Subjetb. In the fifth, which relates to Worlhip, 'tis proposed 
 to flaorten the Office, and to celebrate it regularly at lee Hours, in de- 
 cent Habits, with Decorum and Devotion ; and finally, to retrench 
 the Fcftivals which are not enjoyn'd by the Canon Law, becaule 
 the great Number of them makes labouring Men lole a vaft deal of 
 Time, and encices Youth to Licentioufiiefs and Debauchery. The 
 flxth Chaprer is employ'd in confining within juft Bounds the Power 
 and Authority of the Popes, which, fiys Zaharclla, had been exorbi- 
 tant for a long time. Therefore he wou'd have the Pope fvvorn to 
 the Confefhon of Eoniface VIII, and that fiich Additions may be 
 made to it as fhall be thought necelfary by the Cardinals, or even by 
 any two ot them. That the Pope fhall promife to undertake no- 
 thing of Importance without the Advice of the Cardinals, and that 
 his Bulls be accompany'd with this Claufe, By the Advice of our Bre^ 
 thren the Cardinals (^ly That the Popes fnall grant no Exemptions; 
 that they fhall not alienate the Perfbnal or Real Eftate of the 
 Church •, that they fhall not create Cardinals, nor depole any but 
 in a General Council. That thefe Councils be aflembled at leaft 
 every ten Years ; and that in the laft the Place be appointed for 
 holding the next, fo as that the Pope fhall not order it in any other 
 manner ^ that when it happens that fbme Cardinals oppofe the Elec- 
 tion of a Pope, fo that the Pope FIpH- has not two thirds of the 
 Suffrages, he fhall be obliged to affemble a Council in the very Year 
 of the Oppoiition, and at the Place appointed by the laft Council,' 
 or if there was none then appointed, at fome Place which is free, 
 fafe and unfufpe£l:ed, and where he has no Power as to Tempo- 
 rals. That the Popes fhall not degrade any Prelate without citing, 
 him and convi£ting him by due Courfe of Law, nor tranflate any 
 againft their Wills, or without Knowledge of the Caufe. That they 
 Ihall obferve the Decrees of General Councils, and efpecially thole of 
 the Council of Conflance. Laftly, he wifhes that Things may be fa 
 regulated, that hereafter the Popes may by the Piety of their Ad- 
 jniniftration fupport the Title which they alfume di. Mofl Holy. What 
 he fays relating to Cardinals^ in the fcventh Chapter, amounts to this t 
 
 (0 The Popes were come to that paft, that tliey did Thivgt of their evsn accird', 
 and of their own certain K.nowMgs. 
 
 Tbafi
 
 2 25 The Htjlory of the Council <?/ C o n s t a n c eT 
 
 That in order to hinder the Papacy from becoming hereditary to any 
 Nation, the Cardinals fhall be chofen out of every Nation, and that there 
 Jhall be but two or three of each, fave only that they may chule 
 a greater number out of Rome^ for the Honour of the See and its 
 Metropolitan. He fixes them at the Number of twenty- four or thir- 
 ty at moft. He wou'd have them be learned in the Scriptures and 
 the Canon Law, except Ibme of high Birth, and who may be ex- 
 pected to be Protectors of the Church. That none be eleded who 
 are not of Age, and born in lawful Wedlock. He alfo gives Advice 
 lor fettling their Revenues lb that they may fubfift handfbmely 
 without being burdcnfome to the Churches ; and above all, he for- 
 bids the giving them Benefices in Commemlam^ becaule 'tis a fcan- 
 dalous Practice. As to the Offices of the Court of Rome^ which the 
 Author fpeaks of in the eighth Chapter, 'tis his Opinion that they 
 ought to be given only to Merit and Capacity, and that they fhould 
 be for Life, unlels in ca(e of Misbehaviour. That every one 
 fwear to acquit himfeif well in his Office, and to confine himfelf to 
 it, without incroaching upon the Office of another. That there be 
 a Cardinal appointed to keep a Regiiter of all important Affairs that 
 fhall be regulated by the Pope and Cardinals. That the Regulations 
 of John XXII. concerning the Offices of the Court of Rome be ob- 
 ferv'd. That the Number oX Writers and Abridgers be lelTen'd, there 
 having been many who knew not how to write or indite, and who 
 had only follicited for thole Pofts to put Money into their Pockets. 
 That Elections be confirm'd according the Common Law. That the 
 demanding and granting of Difpenfations contrary to the faid Law, 
 and contrary to the Decrees of the General Councils, be hinder'd 
 under certain Penalties. That there be fevere Penalties alfo for re- 
 ftraining all manner of Violence, Surprize, Caballing, and Simony in 
 Beofrf.t/, L.I. Elections, and in the Collation to Benefices. That the Bull of /«/;o- 
 Tit. VI. cap. ^^^jf jjj^ which condemns Elections made by the Abiife of the Secular 
 ibid. cap. 7. Ponaers^ and that of Alexander III. concerning the Manners, Capa- 
 city, Age and Birth of the Bilhops and other Clergymen, be exadly 
 obferv'd. He Ipends the reft of the Chapter in fhewing the great 
 Advantages which wou'd redound to the Church from the R'efor- 
 matlon of the Pope, his Court, and the Roman Chancery. The De- 
 flgn of the following Chapters is to regulate the Manners of the other 
 Clergy on the fame E'oot in proportion. He wou'd have them ob- 
 liged to cake Orders by fuch a Time, and not to hold incompati- 
 ble" Benefices, nor too many others \ that they fhou'd refide in their 
 Churches without being excus'd on any Pretence whatfbever \ that 
 when Kings and Princes fhall ask Advice of Biihops and other Pre- 
 lates, they fhall give it in Writing or by Deputies j and that if they 
 are fent for in Perfbn, they fhall return to their Churches when their 
 
 Prefence 
 
 4:
 
 The Hi/lory of the Council ^/Constance. 327 
 
 Prefcnce becomes no longer necclTary at the Coiuts to which they 
 are ca'.l'd. That they Ihall careaiUy vilit their Churches, not to ex- 
 tort Money from them, but to correct the Manners thereof j and 
 that they lliall not from any bale and fordid Self-interell tolerate or 
 wink ac the Faults of their Panihioners(i) ^ but inhid fevere Dil- 
 cipline upon the Guilty. Here are very good Advices for regulating 
 the Minners of the Clergy and Monks. The Author is not for ad- 
 mit'ang into any Religious Order either Men or Women that are 
 notattain'd at leaft to the Age of Puberty. He vpou'd have good Or- 
 ders prelcrib'd to hinder the Fornication of the Priefts, of whom he 
 fays, it were better they were permitted to marry (;). He feems 
 to incline very much in favour of this Fermiffion. He appears to be 
 very averle to the Pomp and Luxury of the Prelates, and tiiinks 
 they wou'd do much better to employ their Revenues in the xMain- 
 tenance of able Clergymen, than to have io long a Train at their 
 Heels, and fb great a Nuhiber of ulelels Domefticks. He is of- 
 fended at the Whimficalnefs and CoftUnefs of the Drefs and 
 Equip^tgcs of the Carduials, Blfliops and Abbats, who with their 
 lac'd and embroider'd Habits, and in the Caparifbns of their 
 Horfes, refemble military Men more than Ecclefiafticks. He then 
 urges the Neceffity of holding General and Provincial Councils fre- 
 quently. He fays, that the Pope has no Right to dilpenie with 
 any body's Obfervation of the Decrees of an Oecumenical Council, 
 unlets it be in Cafes of great Ncccffity, and with the Confent of 
 two thirds of the Cardinals. He wou'd have thofe Prelates feverely 
 punilh'd who ihall dilpenie with their own Appearance in Council, 
 unlefs they are lick or produce valid Realbns for their Abfence. As 
 to the Amballadors of Kings and Princes, he thinks it juft to admit 
 them there, if they require it, but efpecially thofe of the Emperor, 
 who, when he can, is alio nbHsod co De tHere in Perfon. The moft 
 eminent DoClors of Divinity and Law ought likewife to be call'd. 
 The Intent of the fixteenth Chapter is to ihew the z^bufes of Ex- 
 emptions granted to Churches, Chapters, Monafteries, and the mili- 
 tary Orders, efpecially in France^ where, he lays, that almoft all the 
 Monafteries and Chapters are exempt from the Jurifdi£tion of their 
 Ordinaries. This Trafl: concludes with fonie Refleilions againft fre- 
 quent Excommunications for Debts or fmall Faults, efpecially with 
 regard to that Time when the Antipopes had almoft excommunica- 
 ted all Cliriftcndom. The Author founds his Sentiment on that of 
 Gerfon in his Treatife of the Spiritual Life of the SouL 
 
 (i) Hodie enim tali a ■venalia fniit, & !Money, I'.d.Hardt, T.I. p. yzy. 
 fecaniis redimuntur, i. c. For at this Day (i) Priflaret permittere ccnjugium Clm'- 
 
 fuch Things are bought and fold with cis. Et de hoc elijim d'tfponetur. 
 
 XVIILIT
 
 52S The Hijlory of the Council of Constance^ 
 
 Ctrfon's Opi- XVIII. It is proper to hear what Gerfon fays, becaufe 'tis an 
 Dion about important Subieft. His Advice is reduced to thefe lix Propofi- 
 
 T. Ilf.p.48. I- It wou'd be expedient not to pronounce Sentence of Excom- 
 munication, but in cafe of manifeft Rebellion, as when 'tis appareijC 
 that any one refutes to hear the Church (i). But when there's a 
 palpable Impoffibility of obeying the Commands of the Church, the 
 Excommunication being iinjuft, he who in fuch cafe is excommuni- 
 cated by the Church is not fb before God : Nor does every kind of 
 Difbbedience ought to be deem'd as Rebellion ; becaul'e a Man, 
 thro' Weaknefs of Mind or Paflion, may fall into fome Error, which 
 wou'd indeed deferve Excommunication, but which ought to be par- 
 don'd, when he ihews himfelf ready to undergo the Correftion of the 
 Church. 
 
 2. A Person ought not to avoid correfponding with a Man that 
 has deferv'd to be excommunicated, before the Sentence has been pro- 
 nounced by his Judges becaufe it may reafbnably be fuppos'd that he 
 will not be excommunicated.- < T fpp, fays he, for inftance, a Man that 
 
 * kills or wounds a Prieft \ but I ought not therefore to look upon 
 
 * this Man as excommunicated, becaufe he may have had an Order 
 
 * to kill that Prieft, or may have done it when he was drunk, or in 
 
 * fome Tranfport of Rage that was his Mafler. By the fame Prin- 
 
 * ciples, continues he, a Parifhioner ought not to fhun his Parfbn, 
 
 * nor to abflain from going to hear Mafs or a Sermon, under pre- 
 
 * tence that the Parfbn is fallen into fome Crime worthy ofExcommu- 
 
 * nication, till the Sentence is pronounced according to Law, becaufe 
 
 * he may fuppofe that the Priefl will repent, and that his Prelate 
 
 * will grant him Abfolution'. Gerfon finiflies his fecond Propofition 
 with a very good Remark. / ha've heard it faid of Urban V, fays 
 he (2) that he 'valued inmfelf «/.c» l,ing a Pope^ efpecially becaufe he 
 ivas not liable to Excommunication •, but if he had lo-u'd his Neighbour 
 as himfelfy he ivou''d have made many others Sharers in that Freedom, 
 and wou'd not have hampered fo many People in the Bonds of Excom- 
 munication. 
 
 3. It wou'd be proper to revoke and make void not only in the 
 Catholick Church, but in the Provinces and Dioceles, all the Senten- 
 ces of Excommunication pronounced unjulHy, becaufe Excommunica- 
 tion being the Phyfick of the Soul, it muft not be given to People 
 who are like to be made fick by it inflead of being cur'd. This 
 ftrikes particularly at General Excommunications which were at that 
 time very frequent, becaufe the Corruption was univerfiil, efpecially 
 
 (i) I made this Remark upon Occafion (2) Vrhan V. was defied in i3<Jz, and 
 of foln Hut. died in 1370. 
 
 3 among
 
 The Hijiory of the Council <?/ C o n s t a -n c e. 525? 
 
 among the Clergy. ' 'Tis, fays he, an unprofitable and dangerous 
 
 * thing to pals general Sentences of Excommunication upon fornica- 
 
 * ting Priefts, becaule then they muft all be excommunicated almolt to 
 
 * a Man. Befides, fince Concubines are tolerated, is it I'urprizing that 
 
 * Priefts fhou'd be Fornicators ? and is it not better for them to go 
 
 * to Whores by ProfelTion, than to debauch the Wives and Daugh- 
 
 * ters of their Pariihioners. 
 
 4. A Priest, who is only excommunicated de Jure^ and not ac- 
 tually by a Sentence according to Law, ought not to be tax'd with 
 Irrcgidarity, tho' he fhou'd receive or give the Sacraments, when even 
 in a State of mortal Sin. This Propolition is founded upon the fame 
 Realbns almoft as the former. 
 
 5. The fifth Propolition is, that a Sentence of Excommunication 
 ought only to be pafs'd for Rebellion or Obflinacy in Caules pure- 
 ly Ipiritual, as againft Herecicks, Schifmaticks, or their Abettors, and 
 when the Crimes tend manifeftly to the Deltruftion of the Faith, 
 and Liberty of the Church: The Realon is, that Excommunica- 
 tion being a Punilhment purely fpiritual, it ought not to be made 
 ule of to defend or preleive Eftates merely temporal, nor for Caules 
 entirely fecular, becaule temporal F.ftatcs ought not to be fued for 
 or claim'd with more Lofs or Risk to the Debtor, than there would 
 be Profit accruing to the Creditor, in cafe he recover'd them. Now 
 Excommunication, fays the Author^ does greater Milchief than all 
 temporal Eftates can do good. This Propofition relates particularly 
 to the Excommunications which the Popes or Prelates fulminated 
 againft thofe who did not pay their Procurations for their Vifitations, 
 or other real or pretended Debts. 
 
 <5. It were better to tolerate certain Abufes, or to turn them to 
 ibme good Ule, than to undertake to extirpate them by Excommu- 
 nications, or by Sermons that are too fharp. This Propofition, as 
 well as the preceding ones, fuppofes Abu(es fo general that they 
 cannot be remedy'd without involving almoft all Mankind in the Ex- 
 communication. The Author here makes very great Ule of the 
 DireSlion of the Intention. ' For inftance, fays he, the Honours 
 
 * which the Pagans paid to Ceres in the Month of February are trans- 
 
 * ferr'd to the Virgin Mary, thofe that were paid to the Emperor 
 
 * Juguftus are transferr'd to St. Peter \ and the Pantheon, which was 
 
 * the Temple of all the Idols, is converted by the Pope into the 
 
 * Church of All Saints '. Thus, lays Gerfon, fome Offences might be 
 remov'd by dircO:ing the Intention. ' If a Prieft, fayshe^ for inftance, 
 
 * fays Mafs, if a Canon fays the Canonical Hours, if another goes 
 
 * to perform the Office of Burial for Money, he is only to look up- 
 
 * on that Money not as the Price of Ipiritual Things, but as a 
 ' Means of fubfft'ng him that officiates. 
 
 Vol.. IL T t SIX. To
 
 550 Ihs Hijlory cf the Council of Constance. 
 
 Memorial of XIX. To ZabarcUa we may add another Italian Cardinal, viz, 
 the C.irdinal jiaman Admar^ Cardinal o'i Pifa, whoprelented a Memorial to the 
 the Rcfo/-"" Council concerning the Reformation, in which he infills particularly 
 nation. "po" the NeceiTity of giving Pallors to the Church, who are diftin- 
 r. d. ihxrAt, guiih'd for their Knowledge and Probity. The reft of the Memo- 
 P- 558- rial tends only to confine the Power of the Popes within the Terms 
 
 of the Canon Law, in what relates to the Collation to Benefice?. 
 This Cardinal had been advanced to the Purple by John XXIII, in 
 reward for the great Services he had done him in France^ to which 
 Kingdom the Pope had lent him Legate. 
 5foJ» XXIII. XX. The Bufinels of the Reformation being thus concerted, there 
 fhuffles ort feem'd nothing more to be done than to put the Plan in Execii- 
 nwtion tio"- ^^ John XXIII. prefided at the Council all the Time that 
 
 he was there, the Care of this Matter devolv'd upon him. In the 
 Conference at Lodi, he had promis'd the Emperor to go about it at 
 Conftance in good eameft. Accordingly, loon after he arriv'd there, 
 this Affair was firfl broach'd in a Congregation of Cardinals, wherein 
 Mention was made of the Reformation of the Pope, and wherein the 
 TTdnatdt, Cardinal of Cambray prefented a Memorial, whereby he treated all 
 ^ • • P- 24, thoie who fhould offer at dilTolving or proroguing the Council before 
 *■** the Reformation was finifh'd, as the Abettors of Hereticks. But all 
 
 thole Eebates were to no purpofe as long as the Pope did not de- 
 cline his Authority. Being at length obliged after feveral Delays 
 to make his Refignation, he fblemnly promis'd to fubmit to every 
 thing that the Council Jhould order for the Reformation of the Church 
 in its Head and Members. He thought his Flight wou'd be a fure 
 Way to blaft all the Hopes of the Council upon this Head. But he 
 was miftaken in it, for (bme Days after his Elcape, the Council having 
 been declared legal notwithftanding the Pope's Abfence, unanimoufly 
 relbiv'd that it fhou'd not be diffolv'd till the Church was reform'd. 
 The Re- XXI. After that Time, there were great Debates whe- 
 
 foiming Col- ther or no the Cardinals fliou'd be admitted into the Ailemblies wheiv 
 ^l^y ^"r' J the Affiur of the Reformation was on the Carpet. They were ac 
 mI' 6 cap"' Jeiigth determined, at leaft in part, to their Satisfaftion j for to the 
 94. p. 340.' Deputies of the Nations, who were nominated to draw up the Plan 
 F. d. Hardt, of the Reformation, three Cardinals were added, viz. the Cardinal 
 T.IV.p,i2i,^f^ Ur^ns, the Cardinal d'Jquileja and the Cardinal de 'Cambray. So 
 V''^d mrdt that this Reforming College, which was appointed June ly, 141 5^ 
 TJV. P.y^. confifted of nineteen Perfons, viz. three Cardinals, four Deputies of 
 each Nation, as well Bilhops as Doctors of Divinity and Law, as we 
 before obferv'd in this Hiftory. On the 4th of July, Gregory XIL 
 approv'd the Council of Conftance, and all that it fhould tranfaft 
 for the Union and Reformation of the Church-, and upon the lame 
 Day, S'lgifmond, iu Qiiality of Proteftor of the Council, promis'd to 
 
 I maintain
 
 The Htflory of the Council o/Constai^ce. %^\ 
 
 maintain it with all his Power, and not to fiiffer it to be diJTolv'd till 
 the Reformation was made. 
 
 XXII. Tho' every body feem'd to have it much at heart, yet The Dil.ito- 
 it was carry'd on for a longtime with very great Negligence and linefs ofthe 
 Slownefs, becaule all the Commidioners were not equally hearty for Con-miffio- 
 this great Work. Befides, as the fame Commiflioners that were ap- Retbtmacion. 
 pointed for the Reformation were alio Deputies in the Caufes of 
 
 Faith, they were willing, no doubt, to dilpatch the latter firft, ac- 
 cording to the ufual Method of Councils which give Matters of 
 Faith the Preference to all others. This Qiieftion was very hotly 
 debated at the Council of I'rent^ viz. Whether Matters of Faith 
 fhould be treated of before they proceeded to that of the Reforma- 
 tion. The Emperor Charles V. and the Germans were for having the 
 Retbrmation precede, fuppofing that it were better to allwage the 
 Rancour of the Proteftants by good Regulations, than to exaiperate 
 them by Condemnations. But the Pope's Party ftrongly oppoling it, 
 for many Reafons (i), it was refolv'd to treat of both Afl'airs at the 
 fame time, tho' in different Congregations. I don't find by the Ails 
 that the fame Queftion was debated at the Council of Conftance ^ but 
 it was decided with a Vengeance by the Precipitancy with which 
 they proceeded againft John Has ^ yet I don't think the Council was 
 really diipos'd to give the Preference to Matters of Faith, which 
 feem'd to fall in accidentally into the Writs for Calling this AfTembly. 
 Its principal and conftant View was the Union and Reformation of the v. d. nardt. 
 Church, as appears from all the Ads. The Bull of John XXIII, T. IV. p.iS. 
 which was read in the firft SefTion, places thele two Articles firft ^ and 
 in the Decrees of the former Seflions to the eighth exclulively, 
 Mention is only made of the Union and Reformation, tho' Com- 
 miftioners had already been nominated for the Affair of John Has. 
 But upon this Subjeft, 'tis proper to hear what is laid by an 
 Author who was extremely jealous for the Faith of the Church of 
 Home. This is John Cochl^us, who in his fecond Book of the HuJJites 
 VN'ar, maintains, and repeats it leveral times, that the principal View 
 of calling the Council of Conftance was not to condemn the Dotlrinc 
 of IVickliff and John Hus^ wliich had already been flifficiently con- 
 dcmn'd by the Popes and Councils, but to unite and reform the 
 Church i and that it was only owing to the repeated Inftances of 
 Sigifmond that the Council meddled with the Affairs of Religion in Sevenl Af- 
 
 Bohcmia. _ fembiies of 
 
 XXIII. Be this as it will, the Commiflioners for the Reformation the College 
 met uliially in the Refeftory of the Cordeliers, where lodged the ^°'' '^'"-' I^^" 
 
 formation. 
 
 r . . ^ . . f ^ ^'- d- f^ardt, 
 
 (I) Pontifici* quoe jam fsepius infinuauiirius, contiaria temper & fcuferant & prs;- T. IV. Full, 
 dicaverant, PallAvic Hifi. of tht Council of Trent, L. IV. cap. 7. P " i. 
 
 T t 2 Deputies
 
 332 
 
 («) As to in- 
 compatible 
 Benefices, 
 confult Fa- 
 ther Paul's 
 Hiftory of 
 the Council 
 ©f Tntit. 
 r. A. Hardt, 
 r IV. Part 
 IV. 
 
 The Htjlory of the Council <?/ Constance. 
 
 Deputies of the German Nation. I don't find they had any Aflembly 
 till the Month of yf«_^;//?, 14 1^. "Dr. Fon der Hardt, who has publifh'd 
 a very exatt and ciixnmftantial Journal of this Council dates their 
 firft AlTembly on the 2cth of that Month. They then took into 
 Conlideracion the Tranflitions of Biihops. The fecond Aflembly was 
 held on the 30th of that Month to treat of the Abilities requir'd 
 in the Clergy. The third is placed in the Beginning of September, 
 the Bufinels of which was to regulate the Authority of the Protbo- 
 tiotaries. In the fourth and fifth, which were held on the 13 th 
 and 1 4th of the lame Month, Mention was made of the Collation 
 to Benefices, and of the Difpenfations granted by the Popes, which 
 Affair came on alfo in the fixth Seffion that was held on the i6th, 
 when feveral Reftriftions were made to thole Dilpenfations. The 
 Seventh, which was held on the 5cth of September, treated of the 
 Privileges and Exemptions of Monks and Monafteries. In the 
 eighth, which was held on the ift of OSIober, they dilcours'd of 
 the wicked Oaths taken by the Canons. The ninth, which was held 
 Ibme Days after, relblvM to hold Provincial Councils frequently, la 
 the tenth, which was upon the 19th of OStober, two Things of a 
 dilferent iSature were dilculs'd. The one related to the Benefices of 
 Monks, foreign to their Orders ^ and the other, to the Examination 
 of thofe who were to receive Ordination. In the eleventh, which 
 was held on the 21ft of the lame Month, they took into Confidera- 
 tion the Ability or Eftates of the Friers. In the twelfth and thir- 
 teenth, which were held on the 3th and 6th oi' November, it was re- 
 gulated, that no Perlbn fliou'd have more than two Prebends in Ca- 
 thedral Churches ; they were for revoking the Difpenfations grant- 
 ed by the Popes for incompatible Benefices (a), and Biihops were 
 order'd to refide in their Dioceles. In the fourteenth SelTion, on 
 the yth of November, they treated of the Learning requifite in fuch 
 as Ihcu'd be admitted to Holy Orders. The fifteenth, which was 
 form'd on the i6th of November,, took Meafures againfl Simony. 
 The Day before, Gerfon had read a Treatife upon Simony, which 
 lerv'd as a Model for the Debates of this AlTembly. In the fix- 
 teenth, which was held on the i$th of November, they refum'd the 
 Confideration of the Learning and Capacity requir'd in Biihops, 
 Abbats and Prelates. Next Day they treated of the Unions of 
 Churches, and of the Ecclefiaftical Revenues. That was the feven- 
 teenth Aliembly. In the eighteenth, which was held on the 2 2d, 
 they dilculs'd the Affair of Exemptions^ and in the nineteenth, 
 which was on the 25th, they treated of the Cales referr'd to the 
 Apotlolical See. After that Time, I don't find any Mention of an 
 Ailembly either in the Afls or Dr. Fon der Hardt''s jouxnal : Yet there 
 mull have been many others, as will appear from a great number of 
 
 Articles.
 
 The Hijiory of the CoMTicW 0/ Co N s tanceJ 3 
 
 33 
 
 Articles that were agreed upon in the Reforming College, and of 
 which there is no Notice taken in the Aflemblies jiift now men- 
 tion d. 
 
 XXIV. 'Tis certain that this Affair did not go forward to the Complnints 
 Satisfaftion of the Nations, as the Germans complain'd piiblickly on oftheGcr- 
 the 19th oC December in the fame Year 1^.5. However, the Depu- 'f''"^^~g|""il 
 ties did not want either Learning or Encouragement todilchargc their of^theRe"^'^ 
 GommilTion well. Upon this we have already (een the Pieces com- formation. 
 pos'd by Clemangis, Peter d* AllU^ Ge -ran and Zabarella, which might ^' ''• w^irift, 
 lerve them as a Model. After the Opening of the Council, there T-^^"^-?-? 5*^- 
 hardly pafs'd a Month but the Doctors preach'd fome Sermon to ex- 
 hort them to fet about it in good earnefl. They were fpurr'd on to 
 
 it by all manner of Incentives. Tragical Complaints, Elegies, Satyrs, 
 publick and private Pieces authoris'd and dilbwn'd ^ in flrort, nothing 
 was omitted to Jhame the Clergy, and to encourage choie upon the 
 Point of Honour who had a Voice in Chapter in this Aiiembly. ^ ^- Hardi;.. 
 Many of thefe Pieces are extrafted from the Manufcripts of Ficnm, ^-^ ^^'^^ 
 and particularly an anonymous Letter to Sigifmondy wherein, after " 
 having reprelented the Church as a Body mortiiied all over from 
 Head to Foot, the Lmperor is vigoroufly exhorted to remedy this 
 univerfal Contagion. 
 
 XXV. The Library of Leipftc has furniih'd a very fine Harangue Speech of the- 
 upon the Subjefl: which was pronounc'd by the Archbifliop of Gnefna Archbifhop 
 before the Emperor, whom he compar'd to Conflantine the Great, to ° "^^^^\ 
 intreat him not to be dilcouraged at the great Difficulties which he t!ie Refor- 
 may meet with in the Execution of an Affair lb important and matiou. 
 
 ic) much thwarced by the Avarice and Ambition of the Clergy. I 
 only fpoke incidentally of this Piece at the Beginning of this Hiftory, 
 bccaufe it being not dated I knew not well where to place it. It 
 muft have been pronounced before the Efcape of John XXIII, be- 
 caufe the Archbiihop fays, that at the Nicene Council there were but 
 two Priefts of the Church o'i Rome, whereas the Pope himlelf and 
 the College of Cardinals were at that of Cofiftancc{\'). I have inlert* 
 ed thole Speeches in their Place, when I was able to come at the 
 Date of them, and when I found any thing in them that was remark- 
 able. Dr. Fon der Hardt, who has done me the Favour to commu- 
 nicate a Volume of them to me taken out of the Library of Erfordt^ 
 gives the World Hopes of an Eldition of all thote Speeches made ac 
 the Council of Conjlance upon the Subject of the Reformation^ which 
 will undoubtedly be a very fine Prefent. Thele Pieces belong to the 
 Hiftory of this Council j and tho' they are not written in the Golif 
 
 ii) Ipfc ApoftoJicus adeft & facium Collegiura, r. d. Uardt, T. L p. S'li. 
 
 of:
 
 §34 ^^« Hiftory of the Council <?/ Co n s T an c e: 
 
 of our Age, yet they are valuable, were it only to fhew how far the 
 Church was corrupted, and how univerfally die Reformation was 
 de fired. 
 Articles of XXVI. The cutting Reproaches which were cafl: upon the Cler- 
 the Reforma- gy from all the Nations by the Mouths of their moll able Doctors, 
 "°V?^Th^ no doubt, reviv'd the Zeal of the Commiffioners, who were re-imbr- 
 Bxforminc^^ ced by thofe who were nominated for the Spanijh Nation, atcer it 
 College, aiid was united to the Council. Gobdin Perfona (a) lays, that when Bene- 
 imperfeftly di^ was depos'd, they chofe learned Men to go about the Reforma- 
 '^u^'^p'^^'^ ^y tion, which can only be look'd upon as a Continuation or Renewing 
 («) Gob^Perf. ^ "-^^ *'^"^^ Deputation. It was at this Time that the B roils hap- 
 Cofmcdr. p. pen'd that have been mention'd at large concerning the Reformation 
 *n. 344. of the Church and the Hleftion of the Pope, in order to know which 
 of thofe two Affairs Ihou'd be difpatch'd before the other. This Dif- 
 pute, which lafted a great while, was enough to flacken the Zeal of 
 the Commiffioners. At leaft the Cardinal of Cambr'iy complain'd of 
 it publickly, tho' he was one of thofe that was fo: having the Ele- 
 ftion precede the Reformation. However 'tis very probable, that all 
 their Articles were agreed upon before the Month oi OElobcr, 1417. 
 For upon the 9th of that Montji feveral of thofe Articles were con- 
 firm'd in a publick Seflion, wherein it was declar'd, that the Pope 
 who Ihou'd be elefted, Ihou'd reform the Church, in Conjunftion with 
 the Council, according to the Articles that had been before agreed 
 upon by the Deputies of the Nations. We have feen after what 
 manner the Execution of thofe Articles was evaded by Martin V. 
 after his Eledion. 
 Refolutions XXVIL Bu T tho' the Pope did not think to execute the Plan of 
 fV'^^Col- '■^^ Depi-'ties of the Nations, yet 'tis not juH that the Publick Ihou'd 
 lege ° be depriv'd of fo confiderable a Part of this Hiftory. By this we 
 fhall iee what was done by the Deputies of the Council, and that it 
 was none of their Fault that a great Part of the Prayers of the 
 whole Church upon this account was not heard. The Pieces we are 
 going to mention, and which are taken from the Manulcripts of the 
 Library o'i Vienna are owing to the Diligence of Dr. Von dcr Hardt. 
 There are four of them very authentick. They contain all the Re- 
 Iblutions of the Commiffioners concerning the Reformation. The 
 two firfl: are two Protocols of the Reforming College written in the 
 ieveral Affemblies of the Commiffioners. TJic firfl is intituled, yivi- 
 famenta Reformatorum Concilii Conjlantienfis, that is to lay, T/pe Opi- 
 nion of the Reformers at the Council of Conftance ; and it was fubr 
 v.iHttrdt, Icrib'd, Finifh'd the 8th of Oi?oM-, 141 (5, by the Scribe of Nicho- 
 T. I. p. 518. /^; Elfiraw. This Elflraiu was a Do£tor o'i Canon Law ^ Secreta- 
 ry to the Archduke of jiujlria, his Envoy at the Council, 
 and by confequence a Man of Credit. The fecond Piece is fign'd 
 
 by
 
 The H'tjiorj of the Council (j/" C o n s t a n c e." 5gS 
 
 by John Dorre. He was alfo a Do£lor of the Canon Law, a Dean 
 of St. Judrew's Church at Worms, and he was regal'd by Martin 
 in the Council itfelf with feveral Prebends. The two firft Pieces are 
 lb hke one another, that Von der Hardt has contented himlelf to give 
 but one of them by adding the Variations in the Margent. It con- 
 tains forty-four Chapters. The third Piece is an Abftrad or Sum- 
 mary of the Decrees of the Reforming College in ten Chapters. The 
 fourth is a fort of Body of Canon Law, which the Council of Con- 
 fiance was for adding to the ordinary Canon Law to ferve as a Sup- 
 plement and Amendment of it. This Piece is intitul'd, Jvifamenta 
 fecundiim aliquas DecretaUum Rubricas pro Reformafione congrua facien- 
 da, i.e. Advices founded upon fbmeof the Kubricks of the Decre- 
 tals to make the Jleformation agreeable. 'Tis divided into Five 
 Books, and iubdivided into Chapters and Rubricks according to the 
 Method of the Decretals ; therefore Von der Hardt calls it very 
 properly the Decretals of the Council of Conftance touching the Refor- 
 mation. From theie four Pieces I fball colleil as faithfully as I can 
 all that was agreed upon for the Reformation by the Commiffioners. 
 'Tis fit to oblerve, that every Regulation of the Reforming College 
 is always made in the Name and by the Authority of the Council 
 in thele Terms, The Synod Statutes and Decrees ; becaule thofe Regu- 
 lations having been agreed to by the Nations, they mufl: have been 
 approved without Contradiction by the Council itlelf, as was the 
 Pradice in all other Affairs. Nevertheleis I fliall always fay, The 
 Reforming College, and not The Council, orderetb. 
 
 XXVIII. According to the Order of the Protocol, the firft Of Coun- 
 Thing that was brought upon the Tapis related to General Councils, cils, 
 to Remedies againft the Schifm, and to the Confeflion which was to 
 be made by the Pope before his Coronation, which we may fee at 
 length in this JHiilory at the XXXIXth Seffion. To this Article r. <f. mrdi, 
 may be added that of the Provincial Councils. 'Tis order'd, that T- 1 P- <>3i»- 
 one fhall be aflembled every three Months at leaft. That thofe ^5^' 
 Councils fliall hold eight or ten Days. That the Metropolitans and 
 Bilhops fhall be obliged to be prefent at them, on the Pain of being 
 depriv'd of their Jurifdiftion and of their Revenues, which fhall re- 
 vert to the Chapters to be apply'd to pious Ufes, unlefs fiich Pre- 
 lates alledge indifpenfable Reafons of their Abfcnce. As to the Sy- 
 nods of the Bilhops, the Reforming College would have them meet 
 every Year, to h^id always five Lays, and that the Bifhops be ob- 
 liged to be prefe.i^ at them under the fiime Penalties. That if the 
 Archbilhops delay four Years to ailemble the Provincial Councils, 
 or the Bilhops delay two Years to call their Synods, they fliall give 
 an Account thereof to the General Council, who, if the Cafe requires 
 it, may deprive them of their Offices. 
 
 XXIX. Ordsr.
 
 53^ 7he Hijiory of the Council of Constance! 
 
 Of Popes. ^ XXIX. Order demands that here we fhou'd place the Regula- 
 That ihey j Jqj^>j which concern the Popes, As it was highly necelTary to li- 
 qive Judg- "^^^ ^^^'^'^ Power, that was the principal Thing the Reforming Col- 
 ment in any lege attended to. They order therefore, that, according to ancient 
 thing of Im- Ciiftom, the Popes fhall not decide any Matter of Importance with- 
 portancc put the Advice and Snblcription of the College of Cardinals, or the 
 Advi°ceofthe Majority thereof. Among thofe Caii'es or Affairs which the Popes 
 Cardinals, or ^/^ not to decide folely, sre reckoned Caufes of Faith, the Canoni- 
 even in cer- iation of Saints, the Appointing of Jubilees, the Ereftion, Suppref- 
 taiiiCak-s ilon, Difunions or Unions of Cathedral Churches and Monafteries, 
 Approbation ^^^ Promotion of Cardinals, the Tranflations of Patriarchs, Archbi- 
 of a General ^op^j Biftops and Abbats, or their Degradation, the new Grants 
 ■Council. of perpetual and real Privileges, the Revocation of Exemptions 
 ■rdHardt^ granted by the preceding Popes to Churches, Monafteries, i^c. 
 T. ^p,5S8, (.{^g j^igyj^ Exemptions, the Conftitutions touching Peace or War, Le- 
 gations it latere, &c. They alio require that the Popes wait for 
 .the Decifion of a General Council in the moft important Cales : 
 Which Cafes are put down in the XXXiXth Sefllon. 
 Corvirti yus This Regulation is contrary to a New Canon Law, which fays. 
 Canon. that the Pope may judge folely of the major Caufes, and all thofe 
 
 L.I. Tit. III. ^Y£ have juft now reckon'd up. 'Twas by virtue of this new Law, 
 that Bulls were dilpatch'd every Day of the Pope's oiun accord, which 
 gave a Handle to very great Abufes, by the ill Ufe which the Popes 
 v.d. Hardt, themlelves made of their Authority. To remedy this Diforder, the 
 T.I. p. 596. Reforming College orders, that the Pope's Letters, whether of Juftice 
 or Grace, ihall be dilpatch'd in the Chancery, and Ihall have no 
 Force any where, unlets they are feal'd wit; the Seal of that Chan- 
 .cery. That the Letters of the Apoftolical Chamber fhall likevvile be 
 feal'd with the Seal of the faid Chambei. As to the Hulls, wherein 
 Mention is made of the Advice of the Cardinals, they muft be llgn'd 
 at lead by three of this College. 
 In whatCa- XXX. It was alfo a Maxim of the New Canon Law, that a Pope 
 ics a Pope couVl not be judg'd nor depos'd but for Caufe of Hereiy •, and it 
 Td'andiie'^-^" was upon this Foundation that John XXIII. flatter'd himfelf that 
 pofed " ^^ could not be depos'd, notwithftanding the enormous Crimes of 
 which he was accus'd. But this E'oundation prov'd ruinous For 
 they who were not willing to conteft the common Maxim, affirm'd 
 at the ianie time that the Schifm contain'd indirert Hereiy againfl the 
 Article of the Unity of the Church, efpecially when it was obftinately 
 pertifted in. As for the others, they did not think it was necelfary to 
 give themlelves any Trouble to find Matter of Hereiy againft Joh» 
 XXIII, becaule they could depoie a Pope for his Behaviour as 
 well as for his Faith. The College made a Decree upon it which 
 3 delsrves
 
 The Hiflory of the Council <?/ C o n s t a i^ c e^ 337 
 
 deferves to be perpetuated to Pofterity. This is the Siibflance of it. 
 
 * The higher the Pontirf of Rome is advanc'd above all other Guides v i, Hartft 
 
 * of the Church, the more ought he to jhew liis Superiority over T. I. p. 5^4, 
 
 * them, in the San^ity of his Manners, and by a Reputation Proof 595' 
 
 * againll all manner of Attacks. He ought not to alfume the Title 
 
 * oi' Aloft Holy^ if he does not approve himlelf to be liich by a Con- 
 
 * dud unblameable. JHe ought to fhine in the Church with a Light 
 
 * the more glorious, becauie 'tis from him that all the otlier Lumina- 
 
 * ties are to derive tiieir Power, Luftre, Purity and Vivacity : Ne- 
 
 * verthelels, if it flaould happen, which God forbid, that the Pope 
 
 * ihould lead a bad Life, and that abandoning Heaven, he iliould 
 
 * cleave to the Earth, by committing capital Crimes, and damnable 
 
 * Anions, he ought to remember the Fate of Lucifer. Tiio' there 
 
 * is nothing more terrible than the Great Day of Judgment, tlie Pope 
 
 * however ought not to flatter himlelf, that his Puniliiment will be 
 
 * ib long deterr'd, becauie God exerciles his Judgments here below 
 
 * by his Church, which is reprelented by General Councils, For 
 
 * thefe Caules, the Reforming College declares and determines, by a 
 
 * perpetual Decree^ that the Soveraign Pontitf may be puniih'd, and 
 
 * even depos'd by an Oecumenical Council, not only for Herely, but 
 
 * alio for Simony, and for every other notorious Crime of which he 
 ' has been Iblemnly admonifh'd, if he prove incorrigible one Year 
 ' after fuch Admonition, which fliall be given him by two Thirds of the 
 
 * Cardinals aflembled in the College, or by three difierent Nations 
 
 * under the Government of three different Kings.' 
 
 XXXI. The Popes make an ill Ule of their Power in feveral other Reftrvariom 
 Refpedls, particularly by Refervations, Difpenfations^ Exemption^.^'franf- abolifhed rrf. 
 lationsy Unions, Reverfmn, &c. As to the Relervaaons (i), the Lie- ""''f'' "^^ ^' 
 forming College Ibrbids the Popes for ever hereafter to referve to ^ ' 
 themlelves the Spoils of Billiops, and the Revenues of Benefice-, du- 
 ring their being vacant, as well as the Procurations or Provifions let 
 apart for the Bifhops and the other Prelates, while they vifit their 
 Churches. It makes void all Grants or CouimiJJioyis by which thole 
 vacant Benefices and Procurations had been referv'd to the Apoftci'iiral 
 Chamber \ and forbids the See of Rome to permit the Prelates to 
 make their Vifitations by a Proftor, unlels it be in Cafe of Sick- 
 nefs, or fome other Neccdity, which Ihall be exprefs'd in the Let- 
 ters of Permifllon, without which they fliall be of no Virtue. The 
 Reforming College adds, as by Way of Advice, that if the Court 
 of Rome does not execute this Decree, it were proper it fliould be 
 
 (i) As to the Rcfcrvations, fee Ge fort. Part vi. Cap. ;, (S, 9 10. Jerome a Cojla, 
 ap. V.d. Hardt^ T. I. Part v. Cap 22, p. 118. Marfilier, p. 289, to 291. 
 25, Petre d'Ailli, ib. P.irt vi. Cap. 2. and 
 
 Vol. IL U u fulpended
 
 5^8 The Hijlory of the Council of Constance. 
 
 (*) w-ic/n/w, fiifpended from its Offices till Reftitntion was made; and that the 
 P- 3i? Officers of the Hiid Court, who fhoiild undertake to exercife their 
 
 of'^wJ^'^S ^^^"^^5 during the Time of Sulpenfion, ihou'd hs ipfo faffo excom- 
 XXIV. Gip'. municated. As to the Refervations, I ilwll obferve by the Way, 
 ig.de Reform, chat the Mental Refervations of Benefices, which differ'd from 
 Father P'u/'s others in their not being made publick, were not at that Time 
 Hift. of the i;^(-i-oduc'd (^a). If any Benefice happen d to be vacant, and the Ordi- 
 Trent Lib '^'^^J confer fd it, or any body went to the Court of Rome to follici:" it^ 
 VIILp. -;i- the Datary ret urn'' d Anfiner^ that the Pope had made a mental Refcrva- 
 («) hUrpolkf, fion to bcftow it upon -whom he fjou'd think fit. 'Tis pretended (J?), 
 fj\^^{i '— - ^^^'^ '■^^ ^^^ Refervations were inwnted by Julius II, and Leo X. 
 rrs Hift^ofT^^^y Were forbid by the Council o^ T'rent in the XXIVth Seffion; 
 the Council but no Order was made in it, as to the other fort of Relervations, 
 ofr^e»<,Lib. as M. Marfolier (c) has obferved according to Father Paul; tho' 
 XXIII. Cap. Palavicini (d) differs from them. 
 
 Regulations XXXII. SEVERAL Dilpenlations, which the Court of i?^?72c? grant- 
 concernino- ed profulely to the Clergy, were the Source of a thoufand Dilbrders 
 the Poge'l in the Church. Upon this Head I find feveral Regulations of the 
 Difpenfad- Reforming College, i. Pope? are forbid to difpenfe with Billiops and 
 laardf T I A'^^-^'^5 Eleit to take Orders within the Term of three Months, 
 p. 614, 619. prefcrib'd by the Canon Law, unlefs it be with the Conlent of the 
 sext. Deeret. xVlajoricy of the Cardinals, and for Ibme good Realbn to be exprels'd 
 1. VI. 14. in the Letters of Dilpcnfation (s); nor Ihall the Term be extended 
 above one Year, under any Pretence vvhatlbever. 2. Tiie Popes arc 
 forbid to permit the Biihops and Abbats to poflefs more than one 
 Bilhoprick or more than one Abbey, unlels it be by Conlent of the 
 Cardinals, and for important Reafbns, which mufl: alio be exprefs'd 
 in the Licence; Hich as, for inftance, the Learning or Qiiality of the 
 Beneficed Perfbn, and the Meannels of the Benefice, according to the 
 Decretal III. Conftitution of Innocent III. at the Council of Rome, in j 2 1 6 ; and 
 p- 58- all Dilpenlations thereupon granted during the Schifm are made void. 
 
 xarfoller, p. M. Marfolier obferves, that in 1320. John XXII. reduc'd the Dil- 
 253- penfations for the Pluraliry of Benefices to two only: But the Popes 
 
 dematiff de afterwards granted them lb profufely, that, according to Clcmangis, 
 Corrupt. Eccl. there were Clergy-men who pofTefs'd to the Amount of five hundred 
 statu. Cap. great Benefices. It leems however, that the Reforming College li- 
 XII p. u. niits its Prohibition in feme Meafure; for it fays in tlie Sequel of 
 the Decree, that Difpenfations ought not to be granted for enjoining 
 three Benefices at the fame Time, but in Confideration of Ibme emi- 
 nent Learning, or great Quality •, unlets it be in certain Countries 
 where Benefices are very mean, as in Apulia, and Ibme Parts of Spain, 
 
 C 1 ) The lame Thing was order'd at the Council of Trsnt, Sefllon VII. Cap. ra. 
 ie Reform, 
 
 where.
 
 The H'tJIory of the Council 0/ C o n s t a n c e. 53^ 
 
 where the Reformers allow the granting of Dilpenfations for four 
 Benefices. But they will not have the Dilpenfations to reach to more 
 than two Benefices in England. They forbid the Pope to permit the 
 Canons to have more than two Prebends in a Cathedral, and to receive 
 daily Diftributions in more than one Benefice, and the Monks are for- 
 bid to have Benefices in different Orders. C/c»;^»^/.f complains that in 
 his Time, the Monks 'were at the fame 'time Friers^ Canons Regular and 
 Secular \ that under one and the fame Habit they pojj'efs'd the Pre' 
 rogatives. Offices^ and Benefices, of all the Religions, Orders, and Pro- 
 fefflons. The Reforming College is for engaging the Popes to pub- 
 bliih immediately after their Eleflion, a Bull to oblige the Arch- 
 biihops, Biihops, Abbats, and other Exempts, to fwear, when they Alhs Exem}- 
 are promoted, that they will refide ( ) in their Diocefes or Mo- '«. 
 nafteries, which Bull ihall condemn them to the Lois of their 
 Benefices, if they are fix Months ablent without the exprefs Leave 
 of the Apoftolical Sec, which Licenfe fhall only be granted by the 
 faid See for important Realbns, to be fpecify'd in the Letters : As 
 for inllance, when their Pretence is wanted at the Court oi Rome, or 
 when they are to profecute in that Court, orellewere, the Affairs of 
 their Churches ; or finally, when they flwll be call'd by any Kings or 
 Princes to ferve them in their Councils, rho' in this latter Cale the 
 Number of the Prelates ought to be limited, as well as the Time of 
 their Abfence : However, they are permitted to ftay in the Places near 
 their Cathedrals, provided that they are in their Diocefes, and that 
 they repair to their Churches on the lolemn Feftivals, as Chriftmas, the 
 Circumcifton, Epiphany, Eafter, Jfcenfton, IFhitfuntide, St. John''?, Day, 
 the Affumption of the Firgin, &c. there to perform the Holy Office. 4. 
 The Popes ought to be forbid to dilpenfe the Bilhops, Abbats, and 
 Priefts of the Age prefcrib'd by the Canons (2), from receiving Or- 
 ders, above three Years ^ nor ihall a Difpcniiition be granted even for 
 that Term, without good Reafons plainly let forth in the Letters. 
 The Dilpenfations granted heretofore upon another Foot fhall be 
 look'd upon as null and void, as well as thofc granted to Children 
 to have Billiopricks and other Eccleliallical Dignities, becaufe they 
 are contrary to the Law of Nature: Neverthelefs, Prebends may be 
 granted to thofe of fourteen, and even twelve Years of Age, provided 
 the Age is fct down in the Prefentation. 
 
 XXXIII. It was a ufual Thing at the Court o^ Rome, to take A Prohibiti- 
 Money for prolonging or keeping Caules tha:: were brought thither, "'^ '" the 
 in Sulpence, which did great Prejudice to the Clients on botli Sides, '^"P^' '","' 
 
 ' oering the 
 Couife of 
 (0 Rcfidence was enioyn'd at the (i) According to ths Canons, a Bifiiop Juflicc, r.rf. 
 Council of JVtn/, Scfllon VI. Cap. i, 2. ought to be goYeais old, and an Abbat 'yi.ndt, T. I. 
 de Reform. But it was not there decided, and a Pricft 25. p. 62.0 and 
 
 whether or no it was of Divine Right. 
 
 o" 
 
 U II 2 who 
 
 (X7C-
 
 Sext Dicref, 
 
 A Prohibi- 
 tion to tlie 
 Popes to im- 
 pofe Tenths, 
 ■without the 
 Authority of 
 a General 
 Council. 
 
 340 The HiJIory of the Council 1?/ Constance. 
 
 who exhanfted themlelves by their Expenccs at that Court. The 
 Reforming College ixjrbids the Popes to hinder the Courle of Jiiftice, 
 to prolong or vacate the Procelfes, and to reftore the Parties in irrte- 
 grum, after an Affair has been try'd, unlefs there be lawful Reafbns, 
 and thole diiely examin'd. Belides this, the Reformers order, that 
 hereafter no Perfon, Ecclefiaftical or Secular, iliall be fued by Virtue 
 of any Relcript from tlie Pope, out of the Towns ot the Dioceles on 
 which he depends, unlefs it be in the Cales prelcrib'd by the Bull of 
 Boniface VII. As for inftance, if the Plaintiff cannot fafely remove 
 himielf to the Defendant's Place of keiidencc, of which the Plaintitf 
 ihall be oblig'd to make Oath. 
 
 XXXIV. As the Popes frequently impos'd Tenths upon all, or a 
 great Part of the Clergy, the Reformers forbid them to lay fuch 
 Impofitions for the future, unlefs it be by the Authority of a General 
 Council. 'Tis true, that they permit the Pope, in Cales of Necedity, 
 to demand a Subfidy or Charitable Afliflance, as the Canon Lawyers 
 call it. MartinW. approv'd this Decree in the XLIIId Seflion, but 
 with this Difference, that whereas the Reforming College makes the 
 Authority of a General Council intervene, this Pope only mentions the 
 
 Duplns New Confent of the Cardinals and BiHiops concern'd. M. Dupin remarks very 
 Ecclefiaftical jullly, that this Decree has been very ill ob'.erv'd by the Popes. We 
 Library, T. {^^^^^ feen, that Mart:?i V, notwithftanding his Bull, granted Sigif- 
 Ji^-'I-P- 154- ffiond the tenth Part of the Ecclefiaftical Revenues in Germany. Eu- 
 gene IV, fays M. Dupin in the Place that I have quoted, granted 
 to the King o^CypruSj in 143 i, the hundredth Part of the Ecclefmflical 
 Revenues of France, Spain and England, for the Deliverance of the 
 
 Hoflagcs he left luith the Sultan. Nicholas V, in the 7~ear 1455, 
 
 laid the "Tenths upon all the Clergy for the War againji the Turk. 
 
 Pius II. did the fame in 1459 ^ but the Germans being univilling to 
 bear it^ he was oblig'd to relax upon their Account. In 1400, Innocent 
 VIII. was refolv'd to impofe the Tfenths upon the Clergy of Erance, for 
 the M^ar againji the Turk ^ but the Univerfity of Paris opposed it, as well 
 as t bo fe which Alexander IV. had a mind to impofe upon them in 1501. 
 
 XXXV. The Popes had for many Centuries taken upon them to ex- 
 empt Biihops from the Jurildiftion of the Archbiihops, Abbats from 
 that of Biihops, and to grant to a great Number of Monalteries, 
 Houfes and Perlbns, the Privilege to hold only of the Holy See ;, be- 
 caufe it was advantageous for them to have Perlbns to hold of them 
 immediately, in all the Countries of Chriftcndom. This Abufe was 
 got to fuch a Height during the Schifm, that all the Ordinaries had 
 Icarce any Juriidiction left over their Inferiors. The Reforming Col- 
 lege orders, that all the Exemptions granted by (i) the Popes, du- 
 
 ( i) The Exemptions were very much reftrain'd_at the Council of Trent, Scffion VII. 
 Cap. 14 and 2.4. Cap. ii.de Reftrm, 
 
 ring 
 
 Exemptions 
 prohibited.
 
 The Hifiory of the CoMnzW ^J/" Constance. 341 
 
 png the Scliifin, without the Conftnt of the Ordinaries, or without 
 Knowlc-ige ot the Cauie, fhall be ablblutely made void ^ except 
 the Im'uunicics ot Hcules newly fountled with the Privilege of Ex- 
 emption, and. the Kxempcions of Univerlities. This Decree was con- 
 firm'd by Martin V, in the XLIIld SefTion. 
 
 XXXVI. Formerly there were good Realbns for uniting feveral l'^^"'"'" of 
 Btnctices together, particularly in the Times of War or Peftilcnce, ^,'^^"'fh" 
 when the People were reduced to lo fmall a Number that they cou'd SchiCn made 
 not maintain a Paftor. In thefe Cales, the Biihop gave the Care of voiii. 
 this People to the Parfon, who liv'd next to that Place; as he did in ^nrfiiler, p. 
 fome other Cales of the like Nature, which was left to the Prudence ^55- 
 of the Mecropoiitans and Biftiops (ay Afterwards the Popes referv'd (<») cowV. 
 the Privilege of Unions to themleives alone, under Pretence that the 7"' Canon. 
 Bilhops made an ill Ufe of them, and that Complaint was made there- ^'^- ^^- ^F- 
 of in divers Places. But they themfelves abus'd them more than the ^^ 
 Bilhops, efpecially during the Schifm, when the Popes were very- 
 liberal of their Bulls to favour Unions, on the Payment of round 
 Sums of Money. The Reforming College declares all thole null and 
 void, which have been made fince the Schifm (i), without Knowledge 
 of the Caufe. The Biihops and other Ordinaries are alfo forbid to 
 undertake fuch Unions, without great NecefTlty. The Pope alfo 
 confirm'd this Relblution, at kaft in Part, in the XLIIld SefTion, 
 wherein he promis'd to do Juftice as to the Unions that were made 
 improperly fmce Gregory XI. 
 
 XXXVTI. As great Abufes were committed in the Tranflations Trandations 
 of Bilhops, or other Benefic'd Perfons, as in the Union or Incorpo- prohibited, 
 ration of Churches. The Popes affumed to themfelves a Power of 
 tranllating Bilhops from one Diocefe to another, in Ipite of themfelves, 
 and their Flocks : It may be eafily imagin d that this forc'd kind of 
 Tranflations (:) were of notorious Prejudice to the Churches, both in 
 Spirituals and Temporals. The Reforming College orders, that here- 
 after the Popes ihall not any more attempt fiich IVanQations, without 
 Reafbns manifeltly valid, which Ihali be examin'd by the College of 
 Cardinals, or by the greateft Part of them. This Relblution was ra- 
 tify'd in the XXXIXth Seflion ; but it does not appear that Alar^ 
 tin V. conlirm'd it in the XLIIld, 
 
 XXXV III. The Popes had a long Time taken upon them to re- Cafes refoy'd 
 ferve a Power to the See of Romcy to give Abfolution for certain 
 
 (O The Council of Tntit annull'd alt XX. Cap. y. de Reform. 
 the Unions obtain'd by Surprize, SeiTion (2) See the Canon Law concerniW 
 
 VII. Cap.(5. but indulg'd Bifhops in them, Tranflation.'!, Cotv. LX, r. d, Jiardt, T. I, 
 
 provided they flicw good Caufe, Seflion p. 66i, 662.. 
 
 Sins^
 
 342 1'f^s Hijiory of the Council <?/ Co n s T a n c s." 
 
 Sins, of which the Biihops could not take Cognizance (i). This is 
 
 one of the Funftions of the Pope's grand Penitentiary, who ought to 
 
 be a Cardinal. 'Twas a very good Method to get Money, for they 
 
 dived deep into the Purles of certain Sinners of Importance, who 
 
 Gerfon, T. I. came for Abfbkition : But under Prentence of humbling and terrify- 
 
 P- 445> a"cl ing Sinners, by rendering the Abfolution difficult; and by making it 
 
 ■ P' ^ ^' to depend upon the Soveraign Tribunal •, Occafion was given to feve- 
 
 ral not to confels, nor to do Penance neither. 
 
 There were Cafes relblv'd alfo to the Bifhops, or their Peniten- 
 tiaries ■, as Witchcraft, in which Sacred Things were employ 'd^ Sa- 
 crilege ; Violence done to aPrieft; Simony; Hercfy, Murder; the 
 ftriking of Father or Mother •, publick Perjury } notorious Adultery ; 
 Rape, and Violation of Chaflity ; Inceft vvich Nuns, or with Kin- 
 dred, in the prohibited Degrees of Confanguinity ; the Breach of 
 Vows, the Deltruttion of Children ; and the abominable Sin againft 
 Nature. 
 
 The ordinary ConfelTors were oblig'd to refer thofe Cafes to the 
 Prelates, unlets the Sinner was in Danger of Death, or had fume 
 ' Realbn to fear that the Confeflion would be reveal'd. Among Ger- 
 
 Gerf. T. 11, fan's Works , there's a Letter from that Doftor to a Bilhop 
 t- 415. antl wherein he exhorts him not to be too jealous of the Cafes re- 
 lll. 1060, fg[-y'(j (-Q jjjfir, J and to permit the Curates to abfblve Sinners in thofe 
 Cales, elpecially if they are fecret Sins v/hich the Sinner might be 
 afiiam'd of revealing to his Bifhop. The Reforming College took it 
 into Confideration, whether Bifiiops or their Penicentiaries, or Con- 
 r, tl narAt, feflors eftablilh'd by the Holy See, might not be permitted to ab- 
 T. I. p. 6ji, ^jyg jj^ Cafes referv'd to the Holy See, without obliging the Sinners 
 to go to Ro?f!f. The Majority voted for adhering to the common 
 Pradice. Some thought however, that Provifion might be made in 
 this relpe£t for fecret Sins ; and demanded Time to confider of it : 
 But as to notorious and publick Sins, they were unanimous for keep- 
 ing to the old Cuftom. Perhaps the Reader will not be difpleasM to 
 take a tranfient View, how the Alfairof the rcfervd Cafes was treated 
 at the Council of Trent , the rather becauie Ger fun's Sentiment was 
 there quoted. This Article, viz. I'bat the Bijljop have no Right to re^ 
 ferve Cafes to themfehes, unlefs for t"^e Sake of the Police and to fahe Jp- 
 pearanccs, was charg'd upon the Proteftants, and propos'd to be cen- 
 Father P4«/, j^j^'j; « But, fays Father Paul, the Divines oi' Louvain made an Ob- 
 3^9} 330- t jeftion to the Article of the relerv'd Cafes ; faying, that it would 
 ' never be proved that any Father had ever fpoke ot' this Right or 
 ' Prerogative, and that Durancl, who was a Penitentiary, Gerfoa and 
 
 (i) Innccent \\\. viz% the Inventor of cording t« Pallavkini's Hiftory of the 
 Cales referv'd to the See of Rome, ac- Council of Trew/. Lib. I. Cap. 11. 
 
 ' Cajetariy
 
 The Hijlory of the Council (?/^Cox stance. 345 
 
 * Cajetan, do all three fay, that Cenfiires are referv'd to the Pope, 
 
 * but not Sins: So that tis too harih to declare tho'e to be Here- 
 
 * ticks, who are of the contrary Opinion. In this they were fecond- 
 
 * ed by the Divines of Cologyty who declar'd openly that there was 
 ' no ancient Writer that mencion'd any other Rcfervation, but that 
 
 * of publick Sins ; and that it was not handfome to condemn ib Ca- 
 
 * tholicJc a Pcrlbn as Gerfon^ for blaming this Practice. That the 
 
 * Hereticks uled to fiiy, that the relerv'd Cales were all a Trick to 
 ' get Money, as Cardinal Campeggio himlelf own'd in his Reforma- 
 
 * tion, is'c.'' But Cardinal Paliavicini, who has made very good Cor- 
 rections of (bme Palfages in Father PauVs Narrative, maintains that Cam- 
 fcggio did not advance what Father Paul fays was put into his Mouth 
 by the Divines of Cohgn. It was his Opinion, according to the Re- 
 port of Palavicini, that in order to fave the Lay Sinners , who were 
 under the Cales relerv'd to Bilhops, great Charges, any Conteflbr might: 
 receive their Confefrion, except in Cafe of Merely, Homicide, or fome 
 Crime delerving an Anathema^ and he would not have the Confef- 
 fofs take any Thing, but under the Denomination of Alms, for the 
 Ablblution which they give to Penitents (1). 'Tis very certain, that 
 Hereticks were not the only People that coniplain'd of the Extor- 
 tions of the Penitentiaries, in thole extraordinary and referv'd Cales, 
 as appears from Ger/on^s Teftimony, in the Letter I before quoted. 
 Be this as it will, if we may believe Af. Dupin, the Council of Tfent 
 was bolder in this refpe£t than the Reformers of Conjiance; for ac- 
 cording to that able and judicious Hiftorian, the Council of 'Trent 
 
 came to the following Relblution ; The Bipops may in their Diocefes^ Bihihihei]. <&a 
 by tbeynfehes, or by any other Perfon they pall depute for that Purpofein ^"*- ^"^'f- 
 their Place^ freely abfohe in foro conlcientix, all that are in their Jurif- ,, ^■' 
 diction^ of all fecret Sins^ even thofe referv^d to the jlpoftolical See^ by ' 
 impofmg ivbolefo',ne Penance tipon them. As to the Crime of Herefy, 
 the liime Power, in foro confcientii-e^ la granted to their Perfons only ^ and 
 no! to their Ficars. 
 
 Those are very near all the Regulations which were made by the 
 Reformers of Conflance, relating to the Power of the Popes. 
 
 XXXIX. As they were to decide nothing of Importance without OfthcCaiillt 
 the Advice of the Cardinals, it was but juft alfo to make ibme Re- "^Is. 
 gulations for the Reformation of this College (;). The Cardinal of 
 
 (t) ^</'« f.ip:ui tt tallhus exaBionar,tur lo. p. ii. Father P<»»/ of M4»«riBcneficia- 
 
 in dando fecumam. ly, 51, 5Z, 55. yeront a Cofia's Hiftoiy of 
 
 (2) As to the Origin of the Cardinals, the Revenues of the Church, p. zi6^ 
 
 fte the Memorial of the French concern- Marfolier^ p. 69. The Lives of Oeegory rlie 
 
 ing the Annates^ reported in the 4.0th Sef- Great, by Maimhurq, and De?i!i de St.. 
 
 fwn. The Cardinal oi' Camhray, de Refer- Martha, Dupin, T. V. p. 112. Volydor. Vir- 
 
 mat'one V.cclefix, Cap. VI. Gerfon, Tom II. g'l de Ker iHvent. p, zC^. US Rechertbei de 
 
 p. 80. Cleman^. de Corrupt, Ecd. Statu dp. Vafquier, Lib, III. 
 
 3 " Canihraj^
 
 344 '^^^^ H'ljlory of the Council of C o n s t a n c e. 
 
 Ccjnhray, in his Canons of the Reformation already mention'd, was 
 ot Opinion that the Number of the Cardinals ihould be leffen'd j that 
 they Ihould be cholen out of different Nations, to prevent Partiality, 
 and to the end that they might be the better certify'd of the Necef- 
 fities of the Churches Icatter'd up and down the U'orld. Gerfon had 
 alfo taken Notice of an Abufe, which was at that Time very com- 
 mon, viz. the granting of Churches and Monafteries in Commendam 
 to the Cardinals, to the Ruin of liich Monafteries and Churches •, and 
 he adviled, that the Revenues of the Church of Rome might be equally 
 •fhar'd among the Popes and Cardinals, in order that the other Churches 
 and Benefices might be left in Polteffion of tJieirs. We have elle- 
 where feen the Refleftions made upon the Subjeft of Cardinals, by 
 Nicholas Clemai!gis. Zaharella was for having the Cardinals learned 
 in the Scripture, and the Canons of the Church ;, except fome whole 
 high Birth did not require of them to be Doftors : Neither would 
 he have them elefted by Favour, but after due Kxamination of their 
 Abilities and Manners \ nor too young ; nor of a bale and fulpicious 
 Birth. In fine, he was for reducing the Number to thirty, or 
 even twenty-four ; and for giving them certain ftated Revenues, and 
 V. d. hardt, not Benefices in Commendam. ' The Reforming College, purftiant 
 T. I. Parr IX. t j-Q this, orders that hereafter there fliall be no more than eighteen 
 P- 5i5> 51 • < Cardinals-, and that they be diftinguifli'd for their Learning, Man- 
 
 * ners and Experience ^ that they ihall not be under thirty Years of 
 ' Age-, that there Ihall be at leaft four of them Doftors of Divinty, 
 
 * and the others Doctors of the Canon and Civil Law ^ except a very 
 
 * few, who may happen to be of very high Rank, as Ducal, Rcyal, 
 
 * i^c. that their Birth be without Stain, their Lives without Infa- 
 
 * my, their Bodies without any remarkable Defed («o« corpore vi- 
 
 * tiati-^ that they ihall not be in Alliance or Affinity to any Car- 
 
 * dinal living, even to the fourth Degree inclufive -, that they fhall 
 
 * not be taken out of the Religious Orders, one only excepted^ that 
 ' their Election fhall not be made by Whiiper, but by Scrutiny^ and 
 
 * a publick Examination, approv'd and fubfcrib'd by the major part 
 {a)r. d.JJ. < of the Cardinals (^).' I don't obJerve, that the Reforming College 
 T.I. p. 395- made any Regulation about their Revenues: Indeed as the SupprefTion 
 Officers of o^ '^^ Annates could not be obtained, they had no very great need to 
 theChaocery trouble their Heads much about their Subfiftance, becaule they fhar'd 
 andtheApo- that Import with the Pope. 
 
 ftolicalCham- ^^^ The Popes being oblig'd to caule their Letters to be expe- 
 Protho- clited and fign'd in Chancery, it was a Point of very great Impor- 
 NOTARiE?. tance, to furnilh it with good Officers, with regard to their Abili- 
 rJ.Hardt^t. ties and Behaviour, to the end that there might be no juggling be- 
 ^' P- 597- tween them and their Mafter. The firft Regulation made upon rh's 
 
 3 Siibjiiit,
 
 The Hijory of the Council <?/ C o n s t a n c e.^ 345 
 
 Subjeft, relates to the Prothonotaries ( ), who are above all the Apo- 
 ftolical Notaries, and are alfb call'd Partners, becaule they have a Share 
 in the Fees of the Chancery, and to diftinguiih 'em from thoie 
 who are only Prothonotaries by Title. The Reforming College re-* 
 duces them to the Number of leven at moft, according to the ancient 
 Cuftom. They ought to be Doctors of Divinity, or Doil:ors of Ci- 
 vil Law, Priells, and of diftinguiih'd Merit. They muft be chofen by 
 the Conlent of the major Part of the Cardinals. The Reforming Col- 
 lege does not regulate their Revenues. M. Aimon, who was himfelf a 
 Prothonotary, lays, 'That their Offices are worth at prefent [even 
 thoufand Crowns of Gold, and that they bring ther/i in about i o per Cent. 
 not reckoning the Contingencies or Windfalls, 'which are fometimes "very 
 conftchrable, fo that they have at leajl 1 300 Crowns a Tear. As to 
 their Rank, the Reforming College requires that they fhould take 
 Place of the Prelates, when they are at Court, and in the Excicile 
 of their Offices, but at no other Time. 
 
 P L AT" I N A'?, Opinion of the Pronothotaries, whole InHiitution he 
 afcribles to Julius I, will not be unacceptable to the Reader. ' He 
 
 * had a mind, fays he, that every thing which related to the Church 
 
 * fhould be recorded by the Nota. ies, or by the Chiej'o!:" the Notaries 
 
 * (^PrimoiCiium Notarioruni) I liippofc them to be liich as are now 
 
 * called Prothonotaries, whole principal Office is to k.cp Regiiiers. 
 
 * But at this Day the generality, not to fay all of them, are fb igno- 
 
 * rant, that they can Icarce tell their own Names in L.ifin, inftead 
 
 * of being able to write the Actions of others. I will not fpeak of 
 ' their Manners, becauie now-a-days they confer this liignity upon 
 
 * Pimps and Parafites (2).' 
 
 The Auditors or Judges of the Rota, which is as it were the Ainiroxs 
 Pope's Parliament, ought alio to be Doflors, and chole by the greateit of the 
 Number of the Cardinals. After their having taken their Doclors -K-ota. 
 Degrees, they muft have taught Law for two or three Years in fbme 
 
 (O As to the Prothonotaries, and the (2) I>/'r«/« of the Lives of the Popes 
 
 other Officers of the Court and Chancery in that of ytil. I. p. 19. Edition in 14S5. 
 
 oiRome, Cee le Tableau, or the Piilure of Verum r.ofira estate adeo plerique nolo d'cere 
 
 the Court of Rome, by Mx. Aimon. He omnes litterx ignari funt, ut vi: fciart no- 
 
 lays, tliat there are commonly twelve Pro- men [uum Latine extrimsre, nedum aliorum 
 
 thonotaries ; that they are Prelates ; and res gefias fcribere. De morihus nolo dicere, 
 
 that they take Pkce of all Aiibats and cum e lenonum Tiumero & pamlitomm q.<i- 
 
 other Ecclcfiafticks, Regular and Secular, dam in huric ordintm relati fint. Tnefe 
 
 under tiie Degree of Bifliops , and chat Words have been ie*! out of the later R- 
 
 they are Judges by Appeal of all Suits ditions, at Icaft we don't find them in the 
 
 of the Eccleiiaftical State, and of the Italian Verfion of Mtrk Anthony Ferro^ 
 
 Beneficiary and Patrimonial Attairs of printed at f'fwVe in IJ74. 
 every Rootijw Catholick, who has not an 
 Indulto- to try them before his own 
 TuG^'es. Aimon, p. 147. 
 
 ' X X Uni-
 
 34^ The Hijiory of the Council of C o n s T a n c'e^ 
 
 Univerfity, or one Year at Rome^ to qualify them for being ti'dges 
 
 in the Tribunal. The Reforming College awards them :;oo Florins 
 
 Penfion, either out of the Chamber, or from fbme Benefice. They 
 
 ought neither to be more than Sixteen, nor lefs than Twelve. They 
 
 jnuft be fuch as have received Orders, and be taken from different 
 
 Provinces. They ought not to live among the Cardinals, nor at the 
 
 Expence of the Pope j and they muil fv\/ear, that after their Sentence 
 
 they will not receive above the Value of three Florins, Aimon 
 
 makes this Pofl: to be worth a thoufand Crowns per Annum. 
 
 Writers. As to the Scriveners or Writers of the Apoftolical Letters, or of 
 
 the Penitentiary, the Reforming College would have them carefully 
 
 examined and reduced to the Number of One hundred for Engroding 
 
 and Twenty-four for the Penitentiary. They muft not be married. 
 
 They ought to fubftitute none in their Place, unlefs it be by realbn of 
 
 Sicknefs, or Ibmc other Moleftation, that ihall be declared by the 
 
 See M. At- Vice-Chancellor or Penitentiary. They muft neither fell, nor give, 
 
 f»o», p. 201. nor change their Offices, unlefs it be for an Office of the like kind. 
 
 Abbrevi- The Ahbreviators are reduced to the Number of Twenty-five, 
 
 ATORs. aj^(j ought not to be admitted without Examination. M. Aimon diP- 
 
 tinguiihes between the Ahbreviators of the Great Bar, and thofe of 
 
 the Petty Bar. 'Tbofe of the Great Bar draw up the Minutes of the 
 
 Bulls according to the Petitions fgned by the Pope^ and compare them 
 
 after they are written upon Parchment, and then they fend them to the 
 
 Abbrei;iators of the Petty Bar, who with the Apoftolical Regiflers or 
 
 Scriveners tax them. The Auditor, the Regifter, the Scriveners, and 
 
 the Attorneys of the Penitentiary rauft be Priefts. 
 
 Clerks of There ought not to be above fix Clerks of the Chamber, who 
 
 theCham- muft be all Doftors of Law, and taken from different Nations. 
 
 BER. There ought to be but one Corre5ior of the Apoflolical Letters. 
 
 CoRREc- He muft be a Doctor, and muft have taught at leaft three Years in 
 
 TOR of the^j^g Univerfity, and he muft be well verfed in the Affairs of the 
 Chance- ^, , ^ " 
 
 j^y_ Chancery C I ). 
 
 Auditor NEITHER, ought there to be more than one Auditor of the Ob- 
 
 Ctvtradmari- jcBions of the Rota, who muft be a Doflor, and taken out of the 
 
 ♦WW. Chamber of the Rota^ or elfewhere, provided he knows the Law 
 
 well. 
 
 Auditor There's the fame Order for the AUDITOR OF THE 
 
 OFTHE CHAMBER. 
 
 Acofv ^Es There ought to be but fix Acolytes, who are required to be Men 
 
 Sub-Dea- of known Probity, and but one Sub-Deacon, who muft be a B. D. or 
 
 CON. LL. D. becaufe Matters of Importance are generally referred to hinx, 
 
 (i) Upon this fee the TdUau de la C»ur de Roms. p. ijj. 
 
 The
 
 The Hiflory of the Council <?/ C o n s t a n c e. 547 
 
 The HouPiold Chaplains (t) ought to live with thePope, and to Chaplain 
 be modeft and decent in their Habits. Thofe called CHAPLAINS 
 OF HONOUR ought to be calhier'd, if they are not Dolors of 
 Divinity or Law, and Secular Clergy-men. The latter ought not to 
 be exempt under Pretence of any Caules they are to try, and Procel- 
 fes oughc not to be granted them out of the Chamber. 
 
 There ought to be but fix Referendaries to lay before the Pope Refereh- 
 the Petitions of the Parties for all Signings, whether of Grace or Ju- daries. 
 ftice. They muft be Men diftinguiih'd for their Knowledge and good 
 Behaviour, cholen out of different Nations, and by the Advice of the 
 Majority of the Cardinals. 
 
 The Penitentiaries ought to be Doftors of Divinity, or at leaft Peniten- 
 qualify'd to be fuch. They fliould be at lead forty Years of Age, and tiaries. 
 skill'd in limdry Languages. They ought to exaft nothing, neither 
 direftly nor indireftly for their ConfefTions, on Pain of being puniflfd. 
 Their Salaries muft be fix'd by the Chamber, and they are oblig'd 
 to preach on Sundays and Saints Days. 
 
 The Conft'itutions of John XXII. fliall be punftually obferv'd at ^"^'"■■^'^ . 
 the Hearing of Parties in Caufes that come before the Sacred Palace, "rum "' 
 as well as the Chancery. 
 
 The Regifters of Letters fliall take nothing more than the Fee. Registers 
 They fhall expedite them fpeedily, and this Rate of the Apoftolical 
 Letters and of the Penitentiary ihall be reduced to the uliial Stan- 
 dard, and according to the Conftitutions. 
 
 Sacred Orders at the Court of Rome lliall only be given to the Ordina- 
 Officers of the faid Court, wholhal! have refided there during a Year, tions. 
 after having been well examined, or to fiich as Ihall have Letters of 
 Difmiffion from their Ordinaries, or finally to thole that have been pro- 
 moted at the liiid Court toBiihopricks, Abbeys, or other Benefices that 
 require Ordination. Nothing Ihall be taken i'or the conferring of (Or- 
 ders. Letters of Difmiflion Avail not be given in Court. Several Or- 
 ders ihall not be conferred at once, unlefs it be to fuch as have been 
 promoted to Bifhopricks or Abbeys. 
 
 Divinity, the Canon and Civil Law, and the Latin^ Greek, He" 
 hreWj yirabick and Chaldee Languages ihall commonly be taught at 
 the Court of Rome, The Profefibrs iliall be paid their Salaries out 
 of the Apoftolick Cliamber. 
 
 There is a Regulation likewile concerning the Marjhal of Rome. Marshal 
 
 (a) The Reforming College requires that he be noble, juft, honell, of Rome. 
 ' " "^ >■ (") Wrt'/- 
 
 (i')Capellani Commenfales ftent in do- Seculares. Et declaretur de novo quod 
 mo Papx, 8c ad liberatam, & incedanc non fint cxcmpti, etiamfi habcant proccf- 
 in habitu honefto. Capellani vcio, qui fus, & quod de cxtcro non dcnmr cis 
 dicuritur honoris, revoccntur, nifi funr proceflus dc camera. T'on der Hardt, T. I. 
 Doftores in facra Pagina vel in Jure, & p. 600. 
 
 X X 2 difin- 
 
 halkrnn.
 
 54-8 ' The Hiftory of the Council 0/ Constance. 
 
 difinterefled, and not fubjefl: to receive Money after a fordid Manner, 
 
 as was then the Cuftom. As to this, lee the 'Tableau^ or Picture of 
 
 the Court of Rome^ p. 128. 
 
 Cl ERici There muft be but two Clerks of the Chappel or Ceremonies, who 
 
 CAPFLLiE, ought to be Priefts, and well vers'd in the Ceremonial ^ and to be well 
 
 °r acquainted with the Prelates, in order to rank every one in his pio- 
 
 SLYum" P-^r Place. 
 
 Mag "ter The Steward m\.\^ be fome old Officer of War, a Man of Quality, 
 Hospirii. one that fears Tod, lb as to do Honour to the Nobility, and other 
 
 Perfins of Diftinftion, that come to the Court. 
 ExAMi- The Examiner of the Court muft be a Prelate, and a Doctor of 
 
 NKR of the Law, a Man of good Behaviour, rigid and uilinterefted, in order 
 Court- to examine with his own, and not with other Mens Eyes, all thofe 
 who are to be admitted to Benefices i^ and he mull take great Care 
 that he be not over-reach'd, and that he does nut examine one for 
 another. As to the Fee for Examination, if it be not regulated by 
 fome Conftitution, it muft not exceed a Carolin, which is the tenth 
 Part of a Ducat. 
 'jig^hfiBull _A great Abafe had crept in, with regard to the Doftors: There 
 JQcdw. ^gcg ygj.y n^any, who, inftead of taking up L'egrees in the Uni ver- 
 ities, after having iludy'd there very hard, went to the Court ot 
 Rome to Ibllicit Bulls for being Dottorp, which were granted for 
 Money. By this it may naturally be fuppoled that Learning was 
 very much debaled, and Religion prophaned by fuch Dodors. To 
 remedy this Milchief the Reforming College orders, that hereafter- 
 the Apoftolical See fhall no longer grant the Power of making Doc- 
 tors or Matter of Arts in any of the Faculties, either to the Le- 
 gates or to the Apoftolical Nuncios, or to the Generals of the Or- 
 ders ; and that this Power Ihall be relerv'd to the Chancellors of the 
 Univerfities. As for the Court of Rome, which is deem'd to have 
 the Privileges of an Univerfity, no Pcrlon Ihall be a Graduate 'here, 
 who has not gone thro' a Courfe in the Science of which he would 
 be a Doctor, or who has not ftudy'd in Ibme Univerf ty, of which, 
 as well as of his Behaviour, he Ihall bring good Tel^imonies from- 
 the Chancellor and Doftors of the Univerfity. Then he Ihall be dd- 
 mitted, not by a Bull, or by a particular Coir million, but by the 
 Doftors and Profelfors of the Court of Rome, alter a ver> rigid Ex- 
 amination. So that the Degrees granted by the pariicular Com- 
 miffion of the Apoftolical See Ihall hereafter be deem'd as null and 
 void. 
 
 The Officers of the Court of Rome fliall not be fuffer'd to keep 
 Concubines publickly, nor to play at Dice, nor to commit any De- 
 bauchery, on Pain of lofing their Offices, if they do not amend a.f- 
 ter Admonition. On the contrary, they ought to be fo regular in 
 
 their
 
 The Hiftory of the Council <?/ Const akce, 340 
 
 tlieir Difcourfe and Behaviour, that the Court 0^ Rome may be as a 
 Mirroiir and Pattern of Holinefs. 
 
 There are many other Regulations relating to the Notaries;, but 
 what I have now reported is enough to give a general Idea of thofe 
 Offices :, only I muft mention one Regulation here, toviching the Au- 
 ditor of the Obamber at jlvigmn : 'Tis well known that fome of the r. el. mfAi, 
 Popes had for a long time kept the Apoftolical See at jlvignon, be- T. I. p. 641. 
 fore and after the Schilrn. dement V, a French Man, was the firft 
 that remov'd it thither, and the lucceeding Popes refided there, down 
 to Gregory XI, who re-eftablilh'd the See at Rome in 157'^ butC/^- 
 ment VII, Urban's Rival, went and kept his Court at Avignon \ as 
 did alfo Benedict XIII, who was there elected, and ftay'd there till" 
 he was oblig'd to retire to Arragon. From that Time there was an 
 Auditor of the Apoftolical Chamber always in this City: But as the 
 laid Auditor was fuperfluous, and as he could not continue but to 
 the Prejudice of the Auditor of the Chamber of Rome^ the Refor- 
 mers order'd him to be put down. 
 
 XLI. After having thus reformed the Popes, the Cardinals, and A Regulatl-^ 
 the Court of Fnme^ there was nothing more neceffai y and more prel- "." againft 
 fmg than a Remedy againft Simony, which was then look'd upon as Simouy. 
 a Contagion o. Plague that had infefted all the Clergy from the 
 Head to the Foot. Gerfon tells us in what Simony was properly 
 made to confift, viz. in the lelling and buying of Spiritual Favours, 
 and in the negotiating of Benefices and Eccleliaftical ( ffices;, which' 
 Traffick was carry'd on either directly or indirettiy under various Pre- 
 texts, for which the Popes were never at a Lofs. It appears from 
 Ecclefiaftical Hiftory that this was a very old Evil in the 
 Church. It was not unknown in the Time of Origen, who cenliu-'d it ori^en on 
 in his Commentary upon St. Matthew. Among the pretended C^wwf W«. p.441, . 
 of the Apoftles, which are manifeftly a very ancient Piece, we find this, 44-- 
 Jf a Bijhopj a Prieji or a Deacon has given Money for the attaining to ^'""'" 3®» 
 fucb Dignity, he Jhall be depofed and excommunicated^ as ivell as the 
 Perfon ivho gave him the Orders. St. Jerome leverely forbids the jjhroyj. Scf, 
 Nuns of his Time to take Money of thofe who entered into their Mou. T.vilL . 
 Society. In St. Chryfoflom's Commentary upon tht Acis, we meet with P- 475- 
 a veryfliarp Cenfiire againft Perfbns guiky ol Simony^ in which Clals 
 he reckons not only thole who bought Kccleliaftic'al Offices for ready 
 Atonev, but fuch alio as acquir'd them by Flattery and Subornation, 
 or by other Intrigues. In St. Ambrofc\ Book of the Sacerdotal Diz- .„u a nv 
 
 1 •> • y>i • n c' t » . 1 ■ . mar. aeu.f--- 
 
 niiy, there s an entire Chapter againft Simony, by which it appears „:t. sacerd. : 
 that at that Time this Diibrder was common, and even carried to a Cap. V. 
 great Height. VVe alfo lind Simony very exprefsly forbid in many 
 Places of Juftinianh Novella. If the Church vv'as not pure in that 
 refoefl: in thofe happy Centuries when Ecclefiaftical Dilcipline was 
 a. ftili.;
 
 3 50 The Htjiory of the Council of C o n s t a n c e^ 
 
 ftill in its Vigor, we may judge of the Progrefs which Simony made 
 afterwards •, but elpecially when the Popes had made themfelves Maf- 
 Goh. Per/. JE- ters of all the Ecclefiaftical Livings. Gobelin Perfona fays that in the 
 tat. VI. Cap. Time of Pope Sergius II. Simony was fo much in vogue that Bi- 
 44- p- 245. Jhopricks were fold publickly, and not a Biihop nor Clergyman had 
 Z/Cal enough to oppofe this Torrent of Iniquity : Yet we find fevere 
 Laws againft Simony in the following Ages, particularly in the ele- 
 ventli, when the Emperor Henry II. p;ds'd an Edidt againft Perlbns 
 M/trfoherHi- ^]^^f. ^g,.g guijty of Simony. But tho' Simony had been decry'd from 
 Temhr/-9 Age to Age by the Councils, by the Doftors, and alio by the Cannn 
 Corv. L. IV. Law, which orders very fevere Punifhment to be inllided upon Si- 
 Tit. II. monifts, yet it increafed to fuch an enormous Degree in the thir- 
 teenth, fourteenth, and fifteenth Centuries, as was abhorr'd by all Man- 
 kind. However there were lorae Ipecious Pretexts ftarted to give Au- 
 thority to this Diforder, but John XXII. and Boniface IX. kept no 
 Decorum, and may be reckon'd among the firfl: who quite took oif the 
 Mask. It may not be ami Is perhaps to quote a PalTage from 'theodo- 
 r\c de Niem, relating to the Coniluil of Boniface IX. in this rcfpeft. 
 "theoi. de * This Pope, fays our Author, finding at his Acceflion to the Poncifi- 
 i^iem de < cate, leveral Cardinals fo honeft as to hold Simony in Abhorrence, 
 Schifm. ap. < praftiled it for leven Years by Brokers, who drove a Bargain fe- 
 T ''i^'pa' t * cretly in his Name, with liich as had a Mind to be collated to any 
 IV. Prxf. * Benefices. If the Money was not paid at the very Time appointed, 
 
 * he had always ibme Pretence ready in his Confillory to delay fuch 
 
 * Promotions, or even quite to hinder them. He was never more 
 
 * eafy than when he heard of the Death of Ibme of thole rigid Cardi- 
 
 * nals, becaufe he took the Liberty to praJlife Simony with his own 
 
 * Wands, and without any one's Interpofition. But to do this with the 
 
 * more Precaution, he thought fit in the tenth Year of his Pontificate 
 
 * to rcferve to his Chamber, under Colour of fome Neceflity, 
 
 * one Year's Fruits of all vacant Cathedral Churches, and Abbies, 
 
 * which Revenues he made to amount three times higher than they 
 ' were commonly rated by the Chamber for the common Service. 
 
 * He alio frequently found a Way to hinder the Perfon to whom he 
 
 * had promifed the vacant Benefice, from enjoying it, to the end that 
 
 * he might have the Firll Fruits from another to whom he gave it j 
 
 * and if the Money was not ready, he extorted prodigious Incereft, 
 
 * and fometimes cauied the Debtors to bepuniflid by the Officers of 
 
 * his Court. ' John XXIII. even out-did Boniface IX, under whom 
 he had learn'd the Trade. The Antipopes following his Example, 
 all Europe was defolated by thole Exaflrions which the Popes laid on 
 with the more Impunity, inalinuch as they fud they could not be Si- 
 moniacal, becaufe they challeng'd to themfelves an abfolute Right to 
 the Etlates of the Clergy. And as they who buy Benefices are al- 
 together
 
 The Hipry of the Council <?/ C o n s t a n c b. 351 
 
 together as Simoniacal as the Sellers, Simony was become a fort of 
 Epidemic Malady from which fcarce a Soul was free. Upon this 
 Foundation it may be faid that the wliole Church was at that Time 
 heretical, becaufe the Authors of that Age unanimoufly agree in 
 treating it as a Crime at leaft of indiredl: tierefy. Tbeodoric Vrie ex- 
 prefsly calls it by that Name, where he puts thele Words into the 
 Mouth of the Church. Is there at this Day any Clergyman, 'who is y ^ ^^^^ 
 not tnfcned ivith this Herefy and this Impiety? It has poifon^d the T.l. p.6-i> 
 Pope, the Cardinals, the jlrchbifiops und Bifiops. 
 
 The Bufinefs therefore was how to remedy this Evil. The Coun- 
 cil had already began to execute their Decrees againfl: this Crime in 
 the Perfbn of John XXIII, Simony having been one of the principal 
 Motives of his being depos'd. The moft able Doitors, as has been 
 oblerved, declared their Opinion thereupon with great Force and 
 Candour. Then it was, that Gerfon wrote that Treatile of Simony, 
 which I have mention'd ellewhere. 
 
 The College for Reformation being directed by fuch good Heads, r. d. nardt, 
 and animated by fuch general Complaints, refolv'd by a perpetual T. I. p. 592, 
 Decree, i. That for the Non-obfervation of the Apoftolical Canons, ^^^ 
 and of the Decrees of the Popes and Councils againit Simony, every 
 Clergyman of what Rank and Degree Ibever, Biflaop, Archbifhop, 
 Patriarch or Cardinal, that fliall be guilty of Simony, either in the 
 Court of Rome or ellewhere, either in the conferring or obtaining a 
 Benefice, in the prefenting and collating the Candidate, which Way 
 Ibever the Simony is committed, whether dircftly or indireftly, by 
 giving or receiving, by Promife or by Convention, by himlelf or by 
 the Interpofition of another, fuch Perfon fhall for ever be deprived of 
 his Offices and Benefices, which Jhall be given to others, and the 
 Laity who ihall be guilty of this Crime ihall be excommunicated ipfo 
 jure. 1. That to this end, the Council fliall henceforwards a£l 
 againfl thofe who are notorioufly tainted with this Vice, by appointing /j;^. p, ^2.g_ 
 zealous and confcientious Commiflioners to proceed againfl; the guil- 
 ty in a liimmary Way, and without Form ofProcels. But becaufe 
 of the guilty there might be two Sorts, Ibme not very notorious and 
 only liilpefted, others of a tender Conlcience, who perhaps were not 
 fo criminal as they thought themfelves, the Council fhall appoint 
 a Cardinal of each Nation, and a Confellbr, who ihall be a 
 Doctor of Divinity to examine thole different Cafes, with full Power 
 to abfblve, and to impofe whatever Penances they fhall think fit. 3» 
 The Prelates and other Ordinaries were enjoyn'd for the future t& 
 fee this Decree punftually obferv'd, as well as the Tranlgreffbrs 
 thereof punifli'd ; and in Cafe of Negleft on their Part, they fhall be 
 punifh'd by their Superiors, even to the Lois of their Benefices, if 
 the Cafe lo require. 3 
 
 J SEE
 
 352 
 
 The Hijiory <>/ f/j? Council of Constance.' 
 
 I SEE nothing in this Decree, which directly touches the Pope, but 
 'tis not difficult to comprehend the Realbns of it. i. The Pope is 
 aim'd at by thole Terms oi^ what Rank and Dignity foever. 2. By 
 taking from him the Refervations, t xemptions, and the Difpofition 
 of important Artairs without the Advice of the Cardin.ils, the chief 
 Occafions of praftifing Simony were taken from him at the lame 
 Time. ;. It had been exprefsly declar'd by a Decree, that the 
 Pope might be depos'd for Simony by a General Council, 4. As to 
 the puniihing of the Guilty by Exc mmunication and the Lofs of 
 their Benefices, the Pope could not be lubjecl to thole Penalties, be- 
 caule he had no Superior but the General Council. Be this as it will. 
 Simony was foibiu in general, in the >LIIId SeiTion. 
 
 XLII. The Retbrmationofthe Aixhbiihops, Biihops, Abbats and 
 other Prehiccs, Curates and Priefts :iight to follow that of the Pope, 
 whom the Council only confider'd as ihe firft Bifliop. The Prelates, 
 what Oppreflion Ibever they liifter'd a-om the Popes, had a Way to 
 make themfelves amends by oppreffng their Inferiors and Churches 
 clem/me;. At in their Turn. Ecclcdaftical Offices being become laleable, no Won- 
 der that they were very often wretchedly fill'd up by the Collufion of 
 xhz Princes with the Popes. Grofs Ignorance and extreme Neglefl: of 
 their Duty were the leaft Faults of the Paftors. They were generally 
 covetous, ambitious, violent, cruel, debauch'd ^ in a word, lb vi- 
 cious, that the Churches might think their Refulal to refide in them 
 their greateft Happinefs. 
 
 XLIII. As Eledions were the principal Source of the Milchief^ 
 the College orders in the firft Place that the Decree of the fourth 
 Lateran Council, under Innocent III, againft Ele£Hons made by the 
 Encroachment of the Secular Powers, be ftriftly oblerv'a (1). This 
 Decree imports, that he who confents to an Elefl;ion matie by Secular 
 Authority, ihall be depriv'd of the Benefice to which he hath been 
 elefted, and declar'd incapable of being ele^led to another -^ and as to 
 thole who proceeded to tlie Election, it fufpends thcTi for three 
 Years from their Offices and Benefices, and deprives ; iiem of the 
 
 : Reformation 
 of the Pre- 
 lates. 
 
 mhia 'Eccl. 
 cap. 20— 2 J 
 
 Regulation 
 aboiit Elec- 
 tions. 
 
 In IZI4. 
 
 Reformnf. 
 Frctocol. p. 
 612, 674. 
 
 Right of Eledion, during all that Term. The Refofming College 
 adds to this Decree, that it ought to extend to all Manner of Colla" 
 iions, even to thofe granted by the Popes. It alfo forbids fiich Elec- 
 tions as were made by the Entreaties or Recommendations of the Se- 
 cular Powers, either by Letters, or Word of Mouth, if it appears that 
 liich Entreaties carry the Face of Commands which put the Eledlors 
 or Collators in any Danger for their Refulal. As to the Eledion it 
 ielf, the Order for proceeding to it was thus: When the Day of 
 Eledion is come, the Mafs of the Holy Ghoil fliall be celebrated in 
 
 CO As to forc'd or follicited EleQions, fee Clemimg, Cap. XVIII. 
 
 the
 
 The Hljlory of the Council «?/ Co n s t a n c e. 553 
 
 the Morning, when all that have a Right of clefting, fhall go up to the 
 Altar, where every one fliall take the following Oath upon the Gofl 
 pels, in Prefence of the Clergy and all the Laity : /, fucb a one, Ca- 
 non of fiich a Chapter, being call'd to the EkSlion of a Bifliop, do fivear 
 before Gody before all the Saiuts, and particularly , before fuch Patron or v. d. nardt, 
 Patronefs of this Church, that I will chufe, naithout Interefi, •without T. I. p. 674, 
 Hatred, iviihout Favour, ivithout Hope, ivithout Fear, and without 
 any Carnal AffeHion, as I am to give an Account thereof at the lafl Day, 
 the Perfon whom I fliall think mofl capable of this Adminiflration, both 
 in Spirituals and Temporals. So help me God. 
 
 XLIV. The Reforming College proceeding to the Capacity re- About the 
 quir'd in the Prelates, orders that hereafter none be admitted to the Capacity of 
 tpifcopacy, but Perfons diftinguifh'd both for their Learning and V^ir- ^'^^ Ptelatci. 
 tue: That no one ihall be made a Bifhop, who is not a Do£tor of Di- 
 vinity, or of the Canon and Civil Law , or at leaft, acknowledg'd to 
 be a Man of Learning, by a ftri^t Examination But fuch as are e- 
 lefled to poor Bifhopricks that do not yield above 400 Florins Re- 
 venue, are excus'd from this levere Scrutiny ; becaufe 'tis not eafy to 
 find Perfons of diftinguifh'd Merit tliat will be content to take them. 
 As to the Abbats and Priors, 'tis fufficient that they be formal Li- 
 centiates (i) in Divinity: And to the end that there may be always 
 Subjefts proper to fill up the Ecclefiaftical Offices, 'tis ordered that in 
 every Cathedral Church fufficiently endow'd lor that Purpole, there 
 Ihall be a Prebend for a Reader in Divinity, who fhall be oblig'd to 
 r«ad twice a Week \ and another for a Dodlor of the Civil and Canon 
 Law, That in Cathedral Churches the fourth Part of the Prebends 
 fhall be for Graduates in Divinity, Law and Phyfick, as well as in 
 fuch Collegiate and Parochial Churches as are in confiderable Towns j 
 and that Learning and Virtue fliall have the Preference of Birth in 
 the obtaining of Prebends and Dignities in Cathedral Churches and 
 Monafteries. 
 
 XLV. As to Refidence, the Reforming College requires that Bi- About RcH- 
 fhops publifh every Year in their Churches a Mandate to their Ab- dc"ce. 
 bats, not exempted, and to the other benefic'd Peribns oblig'd to Re- 
 fidence, not to be abfent therefrom, without good Reafons fpecify'd 
 in the Letters of Difpenfation, and not to give their Inferiors L^eave 
 to be abfent, without the iamc Precaution. At the fame time, the 
 Bifhops, and the other Ordinaries are forbid to take any thing for 
 Difpenlations of this kind, when they think proper to grant them. 
 The Abbats often excus'd themfelves from refiding, uneier Pretence 
 of fludying or teaching Divinity fbmewhere : But this Pretext is con- 
 
 (i) That is to fay, fuch as have been examin'd and receiv'd, according to the 
 Forms, and not by meet Bulls. V. H. Hardt, T. I. p. ^37. cap. 34. 8? 640. cap. 35. 
 
 Vol. II. Yy demn'd
 
 554 '^^^ Hijlory of the Council <j/Constanci. 
 
 demn'd by the College, becaufe Abbats ought not to be admitted, who 
 
 have not fn'ficient Capacity j and that moreover, it were bettor they 
 
 fliould mini the Government of their Convents, than the Inftriidion 
 
 of Scholars. Nor are Abbats allowed to ablent themlelves for the 
 
 Exercife of Secular Employment, nor to ierve as Counfellors to Princes \ 
 
 becauie an Abbat ought to be dead to the World, And if Biihops 
 
 negled to lee this I decree executed, they ihall be informed againd in 
 
 the Provincial Councils, where they ihall be cenfur'd^ and afterwards 
 
 in the General Councils, where they fhall be punifh'd according as the 
 
 Cafe requires. I muft obferve that a Uiflinttion had been made for 
 
 a long Time, between Benefices of Refidence, and thofe of Non-re- 
 
 fidence. The Benefices of Reiidence were luck as requir'd Cure of 
 
 Souls •, and thole of Non-Refidence confifted of certain Titles and 
 
 Hiftoryotthc Dignities, from which neverthelefs they receiv'd Revenues. Father 
 
 ?^°^J Paul ilxys, that this is an abominable Difl:in£tion, and ibai it crJy fro- 
 
 ' ceeded from the Ambition and Avarice of the Popes^ who thought it would 
 
 be a Means to promote their 'temporal Power. 
 
 The Clergy XLVL 1t often happen'd, to the great Offence of the Laity, that 
 
 are required Bifliops held Bifhopricks, and Curates Pariihes, without receiving 
 
 to receive Or- Priefts Orders. The Reforming College had already thereupon made a 
 
 ^"" ^^^^ Regulation, that the Popes fhould grant no Difpenfitions to tiie Biihops, 
 
 T. I. p. 61*5. ^"^ above one Year, It orders the fame Thing now, with regard to the 
 
 Cap. XV. & Curates and their other Inferiors j and that when they grant a Difpen- 
 
 sext. Secret, fation for a whole Year, it be not without an important Reafon, which 
 
 L. I. lit. VI. £j^^i] {jg exprels'd in the Writ of Difpenfation. And if a Biihop, or 
 
 r f mrh other Prelate, happens to confer Orders upon Perfbns unworthy, or 
 
 X i. p. 678. incapable thereof, fuch as Children or ignorant Perlbns, he ihall be 
 
 Tk. iv» and continue lufpended from his Benefice, till he be reilor'd to it by. 
 
 the Apoftolical See. 
 Simony pro- XLVII. The infatiable Avarice of the Biihops was the princi- 
 hibkedtothe pal Source of their RemiJihefs in the Exercife of Diicipline, as well of 
 Frelaies. the Privileges which they granted to their Inferiors^ or of the A£ls 
 of Violence and Extortion, with which they opprels'd them. There- 
 fore the Reforming College makes a General Decree, by which they 
 are forbid all manner of Simony, and the moft infamous in this refpe^t 
 are order'd to be profecuted by Judges of Integrity and Learning,. 
 r S tiar<li. From thence the Reforming College proceeds to the Detail of the 
 T. i. p- 6;8. various Acts of Simony, which were committed by the Prelates, 
 c. XXVI. & Xhe Archbiihops and Biihops often uisburthen'd themlelves of their 
 P^fu ^li"i*^C''i2l Fundions, and laid them up^n the Shoulders of other Ti- 
 l// ' ' ^^^'^^^ Biihops to whom they promis'd Penfions, to the Expence and 
 Ruin of Churches and Benefices, for iacisfying the Avarice and 
 ^ i ""'/!' Greedinefs of ilich Titulars. The ArchbifliOps and Biihops were 
 J" '^g/^l^ order'd to perform ths Functions of their Miniftry themfelves) or, 
 
 io
 
 the Hijlory of the Council <?/ Constance. 355 
 
 in Cafe of Neceflity, to have them perform 'd by others, who iliould 
 do it gratis, and demand nothing but what is lawfully due accor- 
 ing to the Canons ; and that the Punifliment, both of the Principal 
 and Subftitute, as well as of him who is ordain'd after a Simoniacal 
 Manner, fhall be Deprivation. The Prelates are likewife forbid to 
 treat with any one whatfbever, for fucceeding to their Benefices. 
 
 The Popes having been accuftom'd to gr^nt Gratis Expe^ at iv^e. 
 Bulls and Relcripcs, contrary to the Dilpolition of the Law; and 
 there being Forgers, moreover, who counterfeited the Bulls of the 
 Aportolical See, the Cuftom was introduced of caufing thofe Letters 
 to be examin'd and certify'd by the Bifhops: But the latter often 
 made the poor Clergy, who had already given a handlbme Sum for 
 their Difpatches at the Court of Rome, pay dear for their TeftiniO' 
 niah. The Council leverely forbids this kind of Simony, and orders 
 the Prelates, on Pain of Excommunication, to refer the Examina- 
 tion of the Pope's Letters to an able and confcientious Doftor of 
 the Canon Law, who ihall give his Certificate, and take no more for Sfnultra^es 
 it than two Groffes 'foiirmis,. on Pain of being deny'd Entrance in- '^""(f" ^'"■''" 
 to the Church for fix Months. ''"'^"■ 
 
 There was another Abuft, which the Reformers calfd damnahle, r. d.uarJt^ 
 viz. The Prelates exafted the Revenues of the firft Year, and Ibme- T.I. p. 727. 
 times the lecond Year's Revenues of the Benefices vacant in their Tit. xn. cap. 
 Dioceles : A burdentbme Impofition upon thofe that held poor Bene- 
 fices, who had often been at very great Expence for obtaining them, 
 and who had not wherewithal to maintain themfelves, much le(s to 
 exercife Hoipitality. Every fach Exaftion is ablblutely prohibited on 
 Pain of Excommunication. 
 
 The Prelates, and other Ordinaries of Places, are likewife forbid, ^. <^- »<«»■*, 
 on Pain of Sufpenfion, to appropriate to themfelves the Revenues of any T; ^-..P ^p' 
 Benefice in Sequeftration \ but they muft be depofited with him who ^\^f ^^^ j"y 
 has the Adminiftration of the Benefice, or with two neighbouring Tit. vi. 
 Priefl?, who Ihall take Care to collect them, and keep them, till the 
 Suit is decided, for the Ule of the Perlbn that carries it. 
 
 The Prelates, who had an Underilanding with their Canons, in r.d. Hardt 
 Confideration of a Sum of Money, or for Ibme Exemption which p. 747. Tit. 
 the former granted to the latter, frequently exaO:ed extraordinary ^iii. Cap. 1, 
 Sublldies from their Clergy, which they call'd Confolation (i) and 
 Procuration Money, under Pretence of Vifitations when none were 
 made, excommunicated the poor Clergy who had not wherewithal 
 to pay, and put the Churches, Monaderies, and Ecclefiaflical Terri- 
 tories under an Interdict. The Reformers forbid the exafliing of fuch 
 Subfidies, without great Neceffity, of which the Provincial Council 
 
 (i) Subfldia Confolationis, Propiti.e^ (^ Procurationii- 
 
 Y y 2 ihaU
 
 3S5 
 
 r. <f. Hardt, 
 T. I. p. r-9 
 & 749- 
 
 Thing, chat they who ought to 
 Liberty, ftould be the fiiit Men 
 
 T.I. 
 
 cap. 
 
 Uardt, 
 
 ?■ 751 
 iv. Ex- 
 
 The Htjlory of the Council <?/ Co n s t an c e. 
 
 fliall be Judge, and condemn the Exaftors thereof to lole their Be* 
 nefices. 
 
 The Prelates are alio forbid, on Pain of Excommunication ipfo 
 fa6l0f and of other Piinilhments wJiich fiiall be inflifted by the Sy- 
 nods, to fubjefl: the Abbats, Priors and Priorelfes, Churches and Mo- 
 nafteries, to perform any Drudgery or Service for Temporal Things, 
 fuch as their Hunting, their Troops, Equipages, Buildings, £5?^. And 
 'tis declar'd to be an abominable 
 be the Defenders of Ecclefiaftical 
 to opprcfs it. 
 
 As the Churches, Monaflerles, and Clergy were often infolvent, 
 or being opprefs'd, refus'd to pay illegal Impolitions, there was no- 
 thing more common than the interdicting of the Places, and the Ex- 
 communication of Perfons \ and thereby Excommunication was become 
 extremely contemptible. The Reformers forbid the laying of Churches^ 
 v!*x^'i T"' Monafteries and Places under Interdict, and renew the Bull of Bo^ 
 r'd tiardt, niface VIII, upon that Head, adding, that whoever infringes the 
 p. 754. Tit. ii. faid Regulation fhall be fulpended for a Year from his Benefice. As 
 to the Excommunication iliued for having (i) refus'd. any Charitable; 
 Subfidies, it is declar'd null and void ipfo fu^o.. 
 The Turif- XLVIII. Originally, neither the Biihops, northe other Clergy,- 
 diftionofthe had any Jurifdifliion, properly lb called. Their Office was to tcach^. 
 Bifhops. and to labour for the Salvation of Souls, by Preaching, Exhortation, 
 Father vaut j,y ^]^g Adminiftration or by the With-holding of the Sacraments. They.- 
 °^ Matters'^' were fometimes called indeed to decide Quarrels which happen'd be- 
 ^^ ' tween private Perfons relating to temporal Affairs, but it was to be 
 
 equitable and peaceable Arbitrators, and not to be Judges, as appears, 
 from St. y/«//«'s XXXIIId Letter. Infenfibly, thro' the Negligence 
 or Superftition of the Temporal Princes, and in Imitacion of the 
 Popes, the Biiliops were invelted with both Swords, and ailuni'd the 
 Authority of committing to Prifbn, and impofing Eines, and other 
 temporal Penalties ; in a word, they challeng'd a Jurifdidion diftinft- 
 and independent on the temporal. This was the Cuftom at that. 
 Time. The Reforming College carefully diftinguiflies in the firft Place 
 thofe Caufes which come under the Ecclefiaftical Jurifdiftion, from ■ 
 fuch as are dependent o 1 the Civil Jurifdidion, in order to obviate the 
 Difturbances, Law Suits and Wranglings, which might arife from the 
 confounding of thofe two Jurifdiftions. 
 
 These are the Caufes which, according to the Reformers, apper- 
 tain to Eccleliartical Jurifdi'rion. i. Beneficiary Caules, even where- 
 the Laity have the Right of Prefcntation. 2. All Caules of Ecclefi- 
 aftical Perfons, whether Injury, or any other Concern, be the Cafe 
 
 P-37- 
 
 ^«^«//m, T 
 ll.p.48./''- 
 
 CO Concerning Excommunication, fee Von der Hardt, T. I. Part IX. p. 530. 
 
 m
 
 The Hiftory of the Council (?/ Constance. 5 57 
 
 in qucRion. ? . Every thing that relates to the ^cclelaflical Livings, 
 of what Nature focver. 4. Matrinnnal Caules, Dowries and Mar- 
 riage Porciom. ■;. The Caufes of Widows, Pupils, and the Poor. 
 6. lierefies, Schisms, and even publick Crimes, as Ufury, Adultery, 
 Fornicatir,n and Perjury, when they are not punilh'd, or when they are 
 connivM at by Temporal Jultice, and liich wherein that Juftice is itfelf 
 a Party, wiiich ought to be piov'd hy the Oaih of the Plaintiff be- 
 fore two W'ltnelies. 7. All Civil Cau'es, wherein the Parties volunta- 
 rily liibmit to the Ec:lefiaftical Judge. 8. Crimes confels'd before the 
 Ecclefiailical Judge: Legacies and Donations for pious Ules. This is 
 en'>ugh to Ihevv the Extent of the Ecclcfiaftical Jurifdiction, and the 
 Extent, or rather the Limits of the Civil Jurildidion. 
 
 After, having lettled this Dillinfliion, the Reforming College for- 
 bids every Eccleliaftical Judge at the Suit of either of the Par- 
 ties, to cite any Clergyman or Layman, till he has firft examined in 
 Prefence of a Notary and Witnelles, whether or no the Aifair is cog- 
 nilable by the Ecclefiaftical Tribunal -^ after which, if the Citation 
 takes place, it fhall be ordered and executed with as much Speed 
 and as little Eixpence as pofTible. But if it happens, that the Judg- 
 ment ot this Caule does not appertain to the Ecclefiaftical Judge, then 
 the Plaintiif fhall be condemn'd to pay Cofts, and the Afiair fliall be 
 referred to the Temporal Judges. When the Ecclefiaftical Judge has ■ 
 pals'd Sentence, he ought to tax the Cofts with the lame Equity and 
 Moderacinn, as if he was that very inftant to give an Account of ic 
 at God s Tribunal. Thole who have been unjuftly excommunicated, 
 he ought to abfolve gratis, and without requiring any Satisfaftion : 
 And as to thofe, whole E'xcoramunication appears juft, he ought to 
 take it olf by impofing fome fpiritual A£l:s of Attonement, according 
 to the Nature of the Crime j and if he think fit to impofe a pecuni- 
 ary Eine, he ought to employ the faid Sum in pious Ufes, which are 
 known, in order to avoid Simony, which would be manifeft, ify.djjarAt 
 he appropriated it to his own Ule. Every Ecclefiaftical Judge that T. i. p. 683. 
 infringes this Regulation, fhall be deprived of all his Offices and all ' 
 his Benefices in the next enliiing Synod. 
 
 The Prelates and other Ordinaries are likewile forbid to exercife ■^^'■'■''. p-^rp.;; 
 their Jurifdiftion in the Country, in Places where it would not be Tir.VI.Cap./ 
 fa.fe ibr the Parties, and where Lawyers and Advocates could not con- ^^' 
 veniently be had-, on Eailure of which, the Parties fhall not be oblig'd. 
 to come thither, the Judgment fhall be null, and the Judge fufpended - 
 from his (/ffice. The Reforming College likewife enjoyns the Prelates,- 
 Arch-deacons, Priors, Arch-priefts, and others having Ecclefiaftical Ju- 
 rildi.iion, to chufe none for Judges and Officials, but Men skill'd in • 
 the Law, Perfbns of known Probity, and liich as are notmatry'd, . 
 nor liifpeclcd on account of any Alliance or Kindred with the Or- 
 
 dinarvj.'j
 
 3 58 The H'tjlory of the Council of Constance. 
 
 dinary, who flr.all be i-pfo faBo excommunicated, if he fails to ob- 
 ferve this Regulation. 
 Onier, Sub- XLIX. As tlie UfiKpations and Fxemptions of the Court of 
 and"a'2ood ^^''^^3 had been the Dccalion of fuch great Confunon, that the Pre- 
 Underaand- lates of the Provinces obftrv'd no Order, nor Subordination, nor In- 
 ing recom- tclligence with one another j and whereas inftead of uniting for the 
 mended a- Pvjaincenance of the t.cclefiaftical Liberty, they made War upon one 
 Pi°"ftes^^^ another, at the Sollicitacion of the Laity, the College orders that 
 in every Provincial Synod, all the Comprovincial Prelares fhall fwear 
 to be true to, and to afTid one another, for the Maintenance of Kccle- 
 fiaftical Liberty, and for the Observation of every thing that fhall be 
 agreed upon in the National and Provincial Synods, and that every 
 Prelate ihall take the fame Oath to his Superior wlien he is con- 
 firmed. 
 v.A.fiatdt, Moreover, the Prelates are forbid, on Pain of Sufpenfion not 
 vili \' ^° ^^ taken oft' but by the Pope, to undertake any Wars, either a- 
 2. p (?8i ' gaind: the Clergy, or againft the f.aity, unlefs they are thereunt;) ob- 
 6S2.ofTruce liged by the Authority of their Sovereigns (re), or that tliere is no 
 and Peace. Podibility of reclaiming the Offender by a Courfe of Jiiftice an.1 Ec-i 
 Smw""^" <^lefiaftical Cenfures. As Wars of this Kind among the Clergy were 
 r ""mrdt frequent, efpecially in Germany^ it was relblv'd that the Depui.ies of 
 T I. p. 644. the German Nation fhould con'er thereupon with the Cardinal of 
 cap. 44. Florence. 
 
 Order to the L. We have already oblerved, that in many Parts of Germany j 
 Prelates to ^\^q Apoftolical Letters were not received till they had been infpetted 
 cTtific^lo^ ^y "-^^ Bilhops, to prevent Impofition and Fraud. But the .BiJhops 
 of the Apo- abufing this Priviledge, had found out the Secret of extorting Mo- 
 ilolical Let- ney from the Parties, before they would grant them their Fidimus or 
 ters.fpeedily, Teftimonial, lb that the poor Clergy who had paid a round Sum for 
 and at au ea- jj^^j^ Letters from the Court of Rome, were put to farther Expence 
 ^ . ^ ' to have the Approb.ition of their Prelates, Thefe Prelates moreover 
 referred the Examination of thole Letters to Perlbns ignorant of the 
 Canon Law, who often knew not the Latin Tongue, and by conle- 
 qnence gave their Teftimonials without any Knowledge of the Cai^ife. 
 The College thereupon enjoins all the Prelates, on Pain of Excom- 
 munication, to eflablilh in every Cathedral Church fbme Perfbn skilPd 
 in the Law, and of well known Probity, to examine the Letters of 
 the Court of Rome, and to give Teftimonial of their Validity, with- 
 out taking for each Difpatch more than three GrofTes 'tournois ; and 
 if he refufe to grant the laid Teftimonial Letters in the Time ap- 
 pointed, or if he exaft more than the Eee, he Ihall be under an In- 
 terdid not to enter the Church for fix Months, and be feverely 
 punifhed in the enfuing Synod, if there be Occafion. 
 
 3 The
 
 The Hijiory of the Council <?/ Constance. §§9 
 
 The Prelates are forbid to exceed the Terms of Law in the jiidg- v. A nardt, 
 ifig or their interior Clergy, and iinlefs the Clergyman be flagrantly ^: I- P-749' 
 criminal, or retlile to iiibmic to jullice, it is not lawful for the Pre- ^^^^' 
 late to commit him to Priibn. If he iiibmit to Juftice, his Prelate 
 onght not to rcfule him either Advocates, or Attornies, or Nota- 
 ries, nor any thing tliat is necelTary for his Defence. 
 
 LI. The Corruption of the Clergy being already of a very old Of the Man- 
 Date, they needed no more than to renew the ancient Canons touch- ""^ °^ ^'-'^ 
 ing their JVlanners. For this Reafon, the Reforming College enjoins ^'^^' 
 the Bilhops to caufe them to be obferved by vifitirrg their Dioceles 
 every Year for this Purpofe, and Icverely to punijh the fornicating. 
 Clergy, thole who game, elpecially at Hazard, iiich as frequent Ta- 
 verns, thole who lollow Traffick, thofe who walk in Lay-habits, 
 who go a Hunting, or frequent Shews and Mafqueradcs. But the Pre- 
 lates are very exprefsly enjoyn'd not to pocket any Part of the pecu- 
 niary Fines which they fhall impofe upon their Inferiors. 
 
 LII. The Fornication and Incontinency of Priefts was for a long Fornicating 
 time a great Scandal to the Church. About the End of the eleventh P"efts cou- 
 Century I find this Difafter condemned in leveral Provincial Councils, °^'^"^' 
 particularly that of Poi£liers in 1078, in that of Conflance in .'0^4, 
 and in that of Piacenza the Year following. The fecond Later an ^ ^'^ ^^■ 
 Council held in 1159, orders that the Clergy who marry or keep Con- ^''*"" 
 cubines, Ihall be deprived of their Benefices, and forbids the hearing 
 ofMalfes from liich Priefts. This Licentiouliiefs of the Clergy was got 
 to a great Height in the thirteenth Century, but was not ipar'd at 
 that Time, as appears from the Atls of tJie fourth Lateran Council 
 in 1215. Concubinage was alio forbid in a Council z.t Oxford in 1222,. 
 and in many others of divers Countries. The fame Severity was ob= 
 lerved in the fourteenth Century, when this Difbrder was condemn'd. 
 by two Councils, liz. that of Presbourg in 1309, and that of Saltz- 
 bourg in i:;i.:. I leave it to Judgment, whether the Clergy amended 
 themfelves in the fifteenth Century, when all the other Dilbrders in- 
 creafed. There were many People at that Time, who looked upon 
 the Prohibition to marry, and that to keep Concubines, as t^wo in» 
 compatible Laws. Cardinal Zaharella was not very far from this O- 
 pinion, becauie in his Project for a Reformation, he lays it would be 
 better to permit the Priefts to many, than to tolerate their Whore- 
 doms (O- 1"^ appears by a Letter {ci) from Ulrk Bifhop of Augf- {»^ Cajaalo- 
 bttrg to Pope Niebolas I, that Gregory the Great was the firft Man '^*'^''- 5"^-- 
 tliat forbad the Priefts to marry ; but that the faid Pope hearing, 
 
 ( I ■) Chcit concuh'narioi -pyovicte/iiur c«m mittere conjugium Ckn'eii. A^. V, d. HitYcd 
 efftUn, alias ^s negligendo ^r.ijltirct }er- T.I. p. 524^ 
 
 thaB-.
 
 3^0 
 
 (i) Phtiri. p. 
 511. col. 2. 
 fin. 
 
 r. <sf. HarM, 
 T.I. p. 63 5, 
 
 Divers Re- 
 gulations 
 concerning 
 
 ■ the Clergy. 
 
 The Hijlory of the Council of C o n s t a. n c e'. 
 
 that his Prohibition gave occafion to the Debauchery of the Priefts,' 
 and to the expofing of Infants, he revok'd it. Platina puts (Jf) a 
 very good Saying in the Mouth of Pope Pius II. who was of the 
 lame Century, viz. That if there were good Reafbns to prohibit 
 the Marriage of Priefts, there were ftronger Reaibns to permit it. 
 lie this as it will, the Reforming College cenfures the Prelates for 
 their Connivance at this Crime, which he reprefents as publick, and or- 
 ders that e\fery Clergyman who is a notorious Fornicator, tho' he 
 be a Bilhop, fliall lolc ail his Secular and Regular Benefices, if he does 
 not put away his Concubine in a Month's Time. As to fuch who 
 have not yet any Benefice, they fhall be declared difqualified from ob- 
 taining any, and fubje^l to all the Penalties inflifted by the Canons. 
 A Queftion was debated in the Reforming College, about which the 
 Doctors were divided, viz. Whether they might hear Mais, and re- 
 ceive Communion from a Prieft notorious for Fornication, tho' he 
 had not yet been admonilhed by his Billiop. Some faid, that the 
 Notoriouiriefs of the Fafl: was a fufficient Warrant not to receive the 
 Communion from his Hands •, others, that it was ablblutely neceffary 
 to ftay for the Admonition of the Billiop, to avoid the giving of Scan- 
 dal too loon. The latter Opinion carry'd it. The College enjoins 
 alio, that the Children of Prieds Ihall not be admitted to Orders, that 
 they Ihall poflefs no Benefice nor Prebend, unlels they are diftinguilhed 
 in an extraordinary Manner by their Virtue, Knowlege, Talents and 
 Birth, or unlefs it be fome lingular Inftance in a Country, and that 
 there be no Scandal in it. In thele Cafes they may be admitted to 
 Benefices by a Dilpenfation from the See of Romey but not other- 
 wife. 
 
 LIII. All the Clergy are likewife forbid to ufe Violence, and to 
 concern themfelves in Battles, Skirmillies, Fires and Invafions, as 
 had been the Pra£lice of fome, whether they were paid for it, or put 
 upon it (i). That if they fet light by the Excommunication which 
 fuch Condun is liable to, they Ihall be prolecuted in the next Council, 
 even to the Deprivation of their Dignities and Benefices. There are 
 alfo Regulations for the inferior Clergy. The Parfons are ordered to 
 re fide in their Parifhes, to have a Vicar in the incorporated or united 
 Churches, to vifit their Flock, to be always in the Habit of a Cler- 
 gyman, to live in Celibacy, in Continency and Sobriety, and the Bi- 
 Ihops are very exprefsly forbid to fettle a Parlon in a Parilh of 
 which he knows not the l>anguage. This is very near all that relates 
 to the Billiops and the other Paftors. We proceed to the Canons. 
 
 (1) Wiiile I write this {^ March zi. 
 i/ii ) I hear that a Monk was concerned 
 
 in a Plot to fct Fire to the Magazine 
 of lJ3f. 
 
 LIV. Etery
 
 The Hijiory of the Council i9/ Constance. 3<^r 
 
 I IV. Every Body agrees that the French Term C/j^w/w, Of Canons, 
 comes from the Word Canon ^ either becanle the Canons ought to 
 live canonically, that is to lay, accoriJing to the Canons of Ecclefi- 
 aftical Diicipline, or becaufe every one received a certain Portion, or 
 A-iealiire of Corn, or other Food which was call'd Canon. Pafquier^ 
 in his Recherches de la France^ lays he does not think their Inftitution to 
 be very ancient, becaule there is no mention of 'em in any Council 
 before Charkmai^n?, Time (•). For, lays he, they had much ado as vafq.RedJe 
 Men to avoid being diforderd every now and then in their Duties^ and I" Prance, L. 
 to he ccWd upon by the Councils to provide fame Regulations for their Dif- ^^^- '^^^^ 5- 
 eipline. Indeed I don't Hnd, that before the ninth Century, any ^' ^°^' 
 mention is made of the Secular Canons, who compole the Chapter of 
 a Cathedral Church, who are as Council to the Bilhop, and who have 
 a Kight to chule one when the See is vacant. For as to the Regular 
 CanonSj their Inftitution is alcrib'd to St. (2) Chrodegand, Bilhop of 
 Afetz in the eighth Century. They are a Sort of Monks fubjeft to a 
 certain Rule which was given them by the Bilhop juft now mention- 
 ed. Corruption crept in among the Secular Canons, as well as into 
 the other Ecclefiaftical Orders. This is the Picture of 'em drawn by 
 Nicholas Clemangis, who, as 'tis known, lived at the Time of the 
 Council of Conflance. I need not, fays he, mention the Canons, ivho clem, of the 
 are all like to their BiJJjops, ignorant, idle and Jluggifi, Simonijis, co- '^°c^^^X^^^^'t 
 vetous, ambitious. Slanderers, inquifittve into others yi fairs, drunken, q ^^ 
 incontinent, and live like the true Swine of Epicurus'/ Herd. We muft m. iS. 
 now fee what were the chief Regulations the Council of Conjiance 
 made with regard to 'em. 
 
 When a Canon obcain'd a Prebend, he lerved IbmeTime for on- 
 ly a Part of the Revenues of it, which is what they call Stage or 
 Station. The Rerbrmini College orders, that the Canons fhall be 
 in Station, that is to lay, that they fhall not receive all their Re- 
 venues, till they have furmoun'ed the Sums appropriated to pay the 
 Expcnces incurr'd ibr Divine Worihip, for Copes, and the like ; but 
 it "orbkh the Canons to make a "rofit of rhofe Stages, and to fhare 
 them between one another, or to obfge the Perfon inducted to give a 
 Treat, or to take more than a Fiorm of him upon that Score, if he 
 is dilpoled to give it. The Cuftom of the Chapters to appropriate 
 the firft Year's Revenue of the P:eb:nd to the Fabrick, and thole 
 of the feccnd Year, not to the Prebendary, but to other PeiibnSj is 
 tolerated ; but the Term is forbid to be prolonged, and the £.iftribu- 
 
 (1) Look int« Anapajiui for -he Efta- him, Tom. VI. p. 104. Father Metir'JJe 
 blilhment of the Canons under Gregory IV. Bifl'op of Madcr, in hi.s Hiftory of the 
 in 81:7. p. 164, BifliL • of Meiz, calls Iiim Cedtgrani, 
 
 (2) This is the Name hi. Dm Ph gives with the Stile of Aichbiihop. 
 
 Vo I,. II. Z z tions
 
 3^2 The Hijiory of the Council of C d n"s T a n c'e^ 
 
 tions are referved for the Perfon indu£ted, if he ferves on the Day of 
 his Admittance. As to Admittances that are by Reverfion, no- 
 thing can be demanded for them till the Prebend is vacant, and till 
 the Perlbn prelented is in peaceable Polfeffion. 
 ^apifulum. KvERY Cathedral Church has a Chapter confifting of a certain 
 Number of Canons, who, as I have faid, lerve as Council to the Bi- 
 ihop, and have the Right of chufing one when the See becomes va- 
 cmt. I think Pafquier judg'd very well, when he confider'd them as 
 a Nurfery of Men of Honour about the BipopSy fome of them Deacons^ 
 others Sub-Deacons^ to be afterwards tranfplanted^ as Occafion offer'd 
 to other Churches^ and ordain'd Priefls^ &c. But many Abiiles were 
 r. rf Harii, crept in among them. Under Pretence of an Indulto of the f loly 
 ?' ^ frr^^^' ^^^> °'' "^ Ciifioniy Icarce any were admitted into the Chapters but 
 G-ip L Noblemen, and very often ignorant Soldiers, who lived after a Man- 
 ner perfeftly anfwerable to their Education. From hence arofe a 
 great Scandal, 'viz. That thofe Canons were promoted to the See, 
 luhen they could fcarce fpeak a M'^ordofh.^tm^ and were nothing fo much 
 concerned for the Salvation of Souls, as for aggrandifing themlelves 
 by Force of Arms, and by a Behaviour altogether carnul. The 
 Reformers order, that hereafter, not only Noblemen, batochers al- 
 io Ihall be admitted, provided they have the necelfary Capacity, 
 and that they be Mafters of Art, or Doctors of Diviniry. There 
 mull at leaft be always four of this Character, and they forbid the 
 granting of Prebends in Cathedral Churches, or the admitting of 
 Canons to them under eighteen Years of Age, and who are not at 
 leail Sub- Deacons. 
 
 In Cathedral Churches they diftinguifh between Prebendary Canons 
 rj.nartti, and Capitular or Chapter ones. The Prebendary Canons are thofe 
 T.I p. 6y7, yj-j^Q have a Prebend without beirg of the Chapter. The Capitular 
 *jS. Cap. 3- ones ate they who compofe the Chapter. There has often happen'd. 
 to be a great Number of Prebendaries, and very few Chapter Canons, 
 the latter of whom did not give themfelves much Trouble to in- 
 creafe their Number, becaufe the fewer they were of them, the 
 greater was their Share of the Revenues of the Chapter. The Re- 
 forming College orders the Prebendaries to be admitted into the 
 Chapter in fix Days after their Reqneft, unlefs there be any Bar to 
 their Reception, fuch as too much Youth, or Ignorance, and that the 
 Canons who refufe to receive them, fhall lole tiie Revenues of their 
 Prebend, and pay double the Perquificcs which the Prebendary 
 might have laid Claim to, if he had been admitted. 
 F. 679. Cap. The College forbids the Canons, whether Prebendaries or Capi- 
 Vf. tular, to appropriate to themfelves the Portion of the Canons that 
 
 are abfent, or fulpended for their Abfence-, and requires a Dividend 
 to be made of the Revenues of thofe that are abient or fulpended, 
 
 fos
 
 The Hijiory of tJje Council e/ C o n s t a n c e. 5^5 
 
 for augmenting the Prebends ^ or that they be employ 'd for the Ufe 
 of the Charch, notwithftanding any Oath taken to the contrary. 
 
 It was become a Cullom to let apart a certain Portion of the ihii. Cap. V. 
 Revenues of the Church for the old Canons j lb that an old Canon 
 had often a thouland Florins Revenue, while the youngeft had not 
 ten. The College abfolutely condemns the Avarice of the old Men, 
 qu£ temporis vetuftate jtivenefcit^ which grows young as Time grows 
 old; makes all thofe Relervations void, and requires that every Thing 
 be equally divided, without any Diftinftion of Age. 
 
 It may well be imagin'd, that there was Caballing and Oppofi- ^^- ^- ^''rdt, 
 tion in the Chapters, as well as every where elie. Very often one or i,: P" 7°'* 
 two Canons", or leveral , tho' few in Number with regard to the 
 whole Chapter, carry'd it by their Oppofition, and without any Rea- 
 Ibn, againft what had been refolv'd on by a majority of Votes. The 
 College blames this Cuftom as abufive, makes all fuch Oppofition void, 
 and condemns the Contraveners to lole their Prebends. 
 
 The Ele'tion of Bifliops depending on the Chapters, the Canons ^- ^ Hardt, 
 made the Bifhop ele£t take unjuft Oaths, that they Ihou'd be exempt from T- ^■. P- p°' 
 the Jurifdi£^ion of their Prelate, and often of their Dean, in order to j '^'^j ^^''J** 
 live more licentioufly. The Synod makes all thole Oaths void, re- dfo rj.Hardt 
 leales the Bilh )ps from them, and orders them to add this Claiiie to p- 1^43. Cap. 
 the Oath which they take at their Ele iion, 1 fwear to obferve thefe Cuf- 4J- 
 toms and Statutes, as far as they areju/f, poffihle, hone ft y and may be ob- 
 ferv'dioith a ^pod Confcience. The Synod like wile dilblves all Leagues and 
 Confederacies fworn between the Canons before the Elfffion of a Bi/hop. 
 
 An Abule was crept into fome Cathedral Churches, which was, 
 when a new Canon was admitted, of what Condition, Age, and Ca- 
 pacity Ibever, he was oblig'd to fwear, that he would continue 
 under the Reftor of the School, or Doftor of the Prebend, till he sMafiktis. 
 had obtained his Dilmifllon, or was let at Liberty j lb that during 
 that Time, he was not admitted in the Chapter: And if the 
 new Prebendary had not Money enough to redeem himfelf from his 
 Bondage under the Re£lor, it often happen'd that the Dotlor was 
 the Dilciple, and that a very able Man could not put himfelf for- 
 ward. The College forbids the demanding fuch Oaths from Gradu- 
 ate Perfjns, or fuch as are full twenty-three Years old, and who 
 may be Priefts, or Hich as have formerly been Capitulars in other 
 Cathedrals, and makes all Oaths in the like Cales void. It alio for- 
 bids the Reftor of the School to hinder a young Prebendary from 
 going to ftudy in an Univerfity, or to recall thole who are there with 
 that View, on Pain of being turn'd out of his Office. 
 
 Another Abule had been iatroduc'd for a long Time, which 
 was, that when a Billiop dy'd, the Canons feiz'd all tiiat he had left, 
 Jewels, Money, and otlier Moveables, and fliar'd them one among 
 
 Z z 2 ' another,
 
 3^4 T^^s Hijiory 0/ ^/j^" Council of Constance! 
 
 another, inftead of leaving it to the Community, or to the Sii -cefTor. 
 Boniface VIII. feverely prohibited this Ibrt of Pillage, in • iy '■, -md 
 the College renew'd the Prohibition, by aggravatin^i, tnc PtnalLv a- 
 gainfl: the I'ranfgreiJbrs. There's another Regulation reiatini^ to Sub- 
 ordination in the Chapters. The Reformers order the in erior Offi- 
 cers, and particularly the Chaplains and Sacriftains, who are call'd 
 Cboragi ( ) to be fubmiffive to their Dean. 
 Of the' LV. Amidst fo general a Corruption, one would have thought that 
 
 Monks. Piety and Aufterity of Manners would at lead have found Sanctuary in 
 the Cloyfters. But if we may believe the Hiftorians of that Time, the 
 Proverb was then verify'd, which fays, that The beft Things turn to the 
 inorll Corruption. We have already leen the Complaints of leveral famous 
 DoOiors upon that HeaJ, which Complaints were far from being 
 new, for they had been repeated from Age to Age, ever fince St. A-^ 
 thony (2), one of the firft Inftitutors of the Monallick Order. They 
 were nothing like the Succeffors of that Holy Man, who, after hav- 
 ing diftributed his Subftance among the Poor, retir'd to a Delart of 
 Egypt, which he never came from, but to relieve his Brethren, and 
 0>at. 9. p to do Works of Charity and Piety. It was a long Time that the 
 159 & iz. p- Monks were not to be known by the Charafter which Gregory of 
 ^Si- Nazianzen gives of them, in more than one of his Orations, and. 
 
 particularly, in the ninth, wherein lie deicribes the Monks as a 
 Choir of Chrijiian PhilofopherSy ivho have no Earthly Attachments, as 
 Men dead to the World ; and who, that they might live only to Jefus 
 Chrifi, have, as it were, feparated their Souls from their Bodies. Before 
 St.Jueuft. de jjig gnd of the fourth Century, they degenerated very much from the 
 '^J^"""'^-^' Severity of their Inftitution, as appears by the Teltimony of Gre- 
 565. 'sce 'st. go*'y himfelf, St. Auftin and St. Jerome, who, in feveral Parts of their 
 jertm T. I. Works, ailually reprefent the Monks as Drones, Hypocrites, Flatte- 
 47,/«.ep48. rers, and Parafrtes, who fettled themfelves in Houfes, under Pretence 
 b'sc^-'''^ H °^ Devotion. In the Tbeodofian Code, we find feveral Laws againfl: 
 b! X. VI. p! ^^ vagabond Monks who meddled with Secular Affairs, and often . 
 175. b. difturb'd both Church and State, with their Violence and IntrigiKjs. 
 In the fixth Century the Monks took flili greater Liberties : St. Be- 
 nediil being made Abbat of a Monaftery, could not digeft their Be- 
 
 (i) I find by the learned and illuftriouS Tox. Ahi cherago fumho. 
 
 Abbat B'gnon, that the Cheragus among Cheragiitm was the Place in which thofc 
 
 the Greeks and Romans, was he, who fur- Habits and Oiliaments were fhui up, and 
 
 nifli'd the Ornaments and Habits of the dioragus he Peribn who had the Cuftody 
 
 Scene and Afters, which he proves from thereof; fo that Chorttgus in the Church 
 
 ihefe Words of Per/a in Plautus, Aft I. muft be the Keeper of the Sacrifty or 
 
 Sc III. 78, 79- Vc%. 
 
 Tox. Ornatam adduce lefide in feregri- (2) He flourifU'd about the Beginning 
 
 tium modum; of the fourth Century. 
 
 Sax, no*s» ormmtnta 3 
 
 haviour.
 
 The Hljlory of the Council of Constance. ^(Ss 
 
 haviour, but left them, and founded the Order of Benedlnines. Pope r)iipln'T.Xl. 
 Gregory^ liirnam'd the Great^ made leveral Regulations concerning the P- n^-Devyi 
 tftablilhmcnc and Condud of the iVJonks and Alonaileries, as appears i^.^^- '*^'"'*^<* 
 from many of his Letters, of which we fee Abltrafls, in the ^^\.\-p.\°l^^'^^' 
 thors who have writ his Life, There are feveral Ordinances of Jufli- yuph N^vefh 
 TiiaM, about the Monks and Convents. In tlie leventh Century, St. 1^5 Dupin 
 MaxinuiSy who was a Monk himlelf, complains that the generality of ■*^'^"'-^^^-P- 
 the .Monks led irregular Lives, and that their fccming Virtue was no ^|* ^'c^' "^ 
 better than h'ypocrily. The lecond General Council of Nice made yiii."^p[' • 
 fundry Reguiitions to reftrain the Licentioulhcfs of their Lives j which i45.6!iit'.X.. 
 Rules were renew'd in feveral Councils of the ninth Century. M, P <54. 
 Dupin tells us, that in the tenth, the Monks luere extremely inegtilar, 
 and that the B'ljhops were obligd to turn feveral of them out of their. 
 Cathedrals, and to put the Secular Clergy in their Places. 
 
 As Cirruption ftill prevail'd in all the Orders, no better Things opufc. n.np 
 can be expeded in the eleventh Century, with regard to the Monks. Duphi Cent. 
 There needs no other VVitnefs of it, than Peter Damian a Monk of^^- P- 9^<=r 
 that Age, who rcprefents the Irregularities of his Brethren, in a very (feut'^ '^ - 
 lively Manner. In the twelfth Century, they found a great Patron Cenr^ 12. p?° 
 in the famous Ahchrd., who took their Part againft the Regular Cler- 85,^4, &><-. 
 gy, by whom they were infulted. Mean time we may judge of the ^"i^" '-•'■"'^- 
 Einormities of the Monks of that Age, by the Characters wiiich St. ''' P* ^°''" 
 Bernard has drawn of them \ of which there are large Extrads in 
 M. Dupin. It appears from the Conftitutions of the Council of Paris, 
 held in 121 :, that the Meadires which had been taken towards a Re- 
 formation prov'd very unfuccefsful. The XlVth Century is a notable 
 Date for the Monks, and efpecially for the Minor Friers, who ren- 
 der'd themfelves famous by their Dilputes upon two (^leftions e- 
 qually frivolous: The one related to the Fafhion of their Cowl, and 
 of their Habits, which Ibme were for having fhort, ftrait, andcoarle; 
 and others longer, wider, and fomewhat finer. There were four oi^ Dupin. Cent, 
 them, who, for defending the Scriftnefs of their Habit, obtain'd the i4 p- aS... 
 Glory of Aiartyrdom by being burnt at MarfeiU<:<. The other 
 Queflion was to knov^ whether they had a Property in the Goods of 
 which they had the Ufe, as in the Bread which they eat, the Wine. 
 which they drank, i^c. John XXII. having given a Declfion for. 
 tlie Property, and for a Habit that was not altogether fo flrid, con- 
 trary to the Opinion of his PredecefTors, and ahnoft in Contradi£tion 
 to the whole Order of St. Francis, the Minor Friers dec'ar'd that Pope 
 to be Antichrift, or at leafl: his Forerunner, and theCiiurch o^ Rome 
 the See o( Babylon. The Emperor, Lewis of Bava-ia, did not fail 
 to joynwith the Monks, and to make their Grievanc s a Pretext for 
 depofing John XXII. as a Hcretick. This Sketch may be fiifficient 
 to flrew the Genius of the Monks of thofe Centuries.
 
 ^66 The Hijtory of the Council </ C o n s t "a n c e^ 
 
 We are now come to the fifteenth Century, and yet find them not 
 a Jot the better. The Popes having found by Experience, how pow- 
 er nl and formidable their Party was, left no Stone unturn'd to gain 
 their Atfeclion. During the Schifm, they granted them in leveral 
 Parts of Chriftendom a great Number of new Exemptions and Pri- 
 Y. d. sardt, vileges, wh'ch renuer'd them more enterprihng than ever. Tjiere- 
 p. (J20. cap. .fore 'tis one o^^^ the hr!> i^rticles of the Reformation, to revoke all 
 *°'^li'' '•'^^ Exemptions granted fince the Schilin to Monafteries and any Re- 
 ^^P- ' ligioi's irii-'Ule whiirlbever, without the Confent of the Ordinaries, and 
 without Kno.vledge of tlie Caufe. However, Places newly founded, 
 and under the Ciaufe of F.xernption, are excepted as well as Univer- 
 fities. Notliii-'g was more juft than to rettore to the Biihops, and 
 the other Ordinaries of Places, the Juriiditlion which by Right 
 appertain^! to them, the Exemptions of the Popes having only ferv'd 
 to pamper the Lull and Ambit'on of the Monks, becaufe they were 
 always ftudying how to make an Advantage of their Immunities at 
 r. rf. Fariit, the Court of Rome. There were alfb Ibme Prelates and Temporal 
 T. I. p. 707. Lords too, who granted certain Immunities to Religious Pcrlbns and 
 •Cap. IV. Houfes, againft cne Conlcnt, and to the Prejudice of the Juriididlion 
 of their own Prelates. The College revokes all Grants of this Na- 
 ture made fince the Bull oi^ Lifiocent IV . 124^. 
 ^ext Decrei. The Monks being Very fubjecl tT difpeniewith one another's Obler- 
 Ca I'V^rf vance of their RuleSj the Coilegt- orders them, on Pain of Irnprifonment, 
 Hartit T.\. and other Puniihments, according to the Cafes, to aaijere inviolably 
 p. 705. Tit. to their Inftirure, efpecially in the three eilential 'I'hings, which are 
 X. Cap. I. Obedience, Chajiity., and Poverty :, and for the reft not to exceed the 
 Mitigations which the Fathers had provided againft the Severity of 
 the Rule. 
 iJ/V. Cap. V. The Reforming College looks upon the Renunciation of all Pro- 
 &Cap.XIII. priety in Ettates, of any kind, as eilential to the Monaftick i-'rofel- 
 lion: Meantime, there were both Friers and Nuns, who, thro' the 
 PermifTion or Connivance of their Superiors, had Money in their !'olie(- 
 fion with which they purchas'd Lands and Annuities, bv Aieans of 
 which they got Liberty to refide without the Walls of tiie Convent, 
 or to live in the Convent itfelf, more at their Eaie than others, 
 which were the Occafion of Murmurings and rHlgufts <-hdt often 
 produced great Scandals. The College forbids all Superiors to per- 
 mit or tolerate fuch an Abule, on Pain of being depriv'd of their 
 Dignities and Juiifdidion ;, and orders the Offenders to he oblig'd, in 
 three Days after Notice given them, to deliver up ail that they pof- 
 ikCs, into the Hands of the Superiors, on P;iin of t'lxcommunicarion 
 and Imprilbnment. Finaly, as the Neglefl: of holding Chapters :or the 
 Vilitation of the Convents, and for the Reformation of the Manners 
 of thoie who li\?'d in them, had incroduc'd great Remilihels in tiieir 
 
 Dilcipline,
 
 The Hijlory of the Council <?/ C o n s t a n c e. 3 67 
 
 Dilcipline, they were ordcrd to hold the Capitular Congregations 
 punftiially for the Time to come. 
 
 Simony was as general a Crime in the Monafteries, as in the o- Cap. V. I. 
 ther tcclefiaftical Orders. In the Convents of both Sexes, lecret and 
 ibmetimes publick Bargains were made for the AdmifTon of Ferlons 
 into the JVlonaftery, on the Payment of a certain Sum of Money. 
 We receive yoti^ they laid, into our Spiritual Society^ for the Love of 
 Codj out of pure Charity, and 'without demanding any Gratuity 5 but it 
 concerns you fo to aSl that vue may be able to maintain you. The Re- 
 forming College abfolutely prohibits all thele Pecuniary Contra^lSj 
 whether imply 'd or explain'd, on Pain of fc-xcomniunication, as well 
 of the Receivers as of the Givers. 
 
 The Monks often made a Tranfition from one Or 'er to another Cap. VJ, 
 that was lels rigid, by a Difpenflition from their Superiors. They af- 
 terwards obtain'd Le^ive to be ablent from their Monafteries, and to 
 live like the Secular Clergy, without troubling themfelves about their 
 Rule. The Superiors are forbi*' to admit any Perlbn into their Or- 
 der, but upon Condition that he always ftays in it ^ and the Ordi- 
 naries of the Places are commanded to arrefi: Vagabnnds and feculriris'd 
 Monks, as Apofates-^ and to deliver tiicm up into the Hands ox their Ibid. Cap.. 
 Superiors to be impnl»»-/d for Life. VII. 
 
 The Monks and Regular Canons are likewife forbid to govern in 
 Commv;ndam, or otherwife, thofe Secular Pavifhes which lye without 
 the Extent o! their Monafteries, and to let up for Judges among the 
 Laity, under Pretext of any Privilege whatfoever. 
 
 The Abbats and other Superiors of Convents are likewife forbid See vne*- 
 to caule their Convents and ttoules to be govern'd by a fmgle Monk, d'Aittiap. 
 and fcveral Re-Ubns are urged for this i*roh:bition. The firft is ta- ^^''^ ^^ 
 ken from tliat Paftage of Sulomon, underftood in a myftical Senie, Wo ^' 
 to him that is alone -when he falleib, for he hath -not another to help 
 him up. •■. Becaufo a lingle Monk cannot pcrlbrnj the Divine Office. 
 3. Becaule if he be alone, he has no \\ itneifes of his good Life, and 
 being moreover not watched by any body, he is the more !-kely to ci,me?if!>i ■ 
 fall iiuo Sins of Luxury and Inconrinencc. 4. A Conliitucion oFC/f-L jjj -j^jj^ 
 ment V. which forbids the very fame thing. X. cap. 6. 
 
 The College revokes all the Privileges granted to Abhats of wear- Cap. X. 
 ing the Mitre, the Paftoral StaiS, Crolicr, the Ring, and the Sandals, 
 becaule 'tis a Privilege which belongs to the Bilhops, and to which 
 an Abbat cannot lay Claim without Prefumption, and railing the P2n- 
 vy of other Abbats. Buc the Abbats of the Oraer of St. Benedin, . 
 who have been always in Poiieflion of this Honour, are excepted out . 
 of this Reguiarion. 'Tis obiervable, that Martin V. in lome A.ea- 
 llire violated this Regulation, when upon the J/ay of his Coronation, 
 which. was Nov. :i. i-fi;. lie permitted all theAbbats that were not 
 
 mitrcdj
 
 36S The H'ijiory of the Council ^/Constanc e. 
 
 mitred, then prefent at the Ceremony, to wear the Mitre on that 
 Anniveriary during their Lives. 
 See the Bull We have obl'erved ibmewhere in this Hiftory," that jilexander V. 
 ot Alsx. V. granted a great many Privileges to the A endicant Friers, to the 
 Ea/^rwrf Prejudice of the Beneficed Clergy. By virtue of thefe Privileges, 
 circaCano- they rambled from cue Parifn to another •, and the molt ignorant of 
 Tiem omnis u- them, by pretending to preach, render'd P eicning contemptible. They 
 triufque & diftributcd Indulgences tor iVjoney, and boafted that their i^blblution 
 '^^'^''r-'^ j'''' ^''S much more efFe£hi:il than taat of the Beneficed Clergy. They 
 hardt T. I. ^rove fccret Bargains wiJi private Perlbns to eng ige them to be bu- 
 p. 912. ried in their Monafteiies, and to leave them Legacies to the Prejudice 
 
 XauK. ub.ftip. of their Ordinaries. Jobn de Launoy te' s us, that thele Difputes be- 
 p 50S. ^ tween the Beneficed Clergy and the Friers began in England^ by 
 In 121 5 means of a Bull of Gregory IX. which licenled the preaching Domi- 
 nicans to confels. The EngUp Paribns appeal'd co the Bull of chc 
 Lateran Council Omnis utriujque^ which orders People to confeis to 
 their own Parlbn, and not to another, without the Permiflior of the 
 Ordinary, as it was decreed by Urban W. in 1090. Mean time the 
 Privilege of Gregory IX. fubfifted, and was extended in time to all 
 the Mendicant Friers in ipice of the Prohibicions of General Coun- 
 cils, as well as of a particular Council held at the Lateran in ■ ;^4. 
 Pope Jo^wXXII. by a Bull condemn'd one John de Poliac a Profef' 
 Laun.uhJfup, for of Divinity, who had maintained, thac the Pope had no Right: 
 p. 128. j;o give the Monks the Privilege of Confeffing, to the Prejudice of 
 
 the Beneficed Clergy, and the ordinary Confelfors. j^lcsander con- 
 .firmed this Bull on the 4th of OHober 1 40 j, notwitiiPcandina; the 
 Confticution of the Lateran Council OMNIS UTRIUSQUF. 
 When this Bull of Alexander V. was carry'd into France^ it m^de a 
 very great Nolle there. The UniverHty and the B'Jliop of Paris op- 
 pos'd it. Gerfon pleaded the Caufe o'\ the Beneficed Clergy, and pub- 
 lickly maintain'd, by Order of-the Bilhop and the Univer*ltv, that it 
 had been gain'd furieptitioufly, or elfe extorted, and that there was 
 an ablolutc Neceflity to demand the Repeal of it. The Retorming 
 College vacates all thofe Privileges, and requires, that hereafter they 
 adhere to the Bull of Clement V. which forbids the Friers to c- n- 
 fefs and to adminiilrer the Sacraments without a Special PermifTion 
 from the Clergy who have Benefices. 
 
 Nevertheless in 1446, £«^^w IV. renew'd7«*/-'«XXIId''s Grant, 
 by a Bull, which however was not luiblifhed till 144S, by Nicholas V. 
 The Univerfity vigoroufly opposed it, and alio turned all the Begging 
 Friers out of their Body, but they were rcftor'd Ibme Years after by 
 Calixtus III. Since that time, there have always been great Difpuces 
 between the Univerfity of Paris and the Friers, which continued in 
 
 the 
 
 ^
 
 The H'tjiory of the Council i?/ C o n s t a n c E." 5^9^ 
 
 the Time of the famous Dr.Launoy^ who in 16 j 2. publifhed aDiiTer- 
 tation upon ic. 
 
 All the Friers are forbid to travel the Country on Horfeback, 
 or in a Lay- Habit, without a Permiflion in Writing from their Supe- 
 riors, on Pain of being apprehended and imprilbned by the Ordinaries 
 of the Places. 
 
 There were leveral Monks and Nuns of the Order of Minor 
 Friers, who under colour of the third Rule of St. Francis, went a- 
 broad from their Convents with tiie Scapulary, as if they led ftri£ter 
 Lives than others, while they hved together in a icandalous manner, ^ ^ ^^^^^ 
 and traverled thro' the Woods and Fields, begging their Way, to the tj „ .,'^^ 
 great Prejudice of the real Poor. They were alio acculcd of joining 717, Con- 
 with the Begards and Beguines, who were Peribns fufpe£led of Herely. ceimng the 
 To remedy this Diforder, all Monks and Nuns of the third Order of J'J'"'^- j^ee 
 St. Francis are forbid, on Pain of Fxcommunication to wear the Sea- 55 3. p'njl 
 pulary, and are ordered to conform to the others who are under b. T. III. p. 
 the fame Rule. The Superiors are forbid to receive the Minor ?^9- i-f'a. 
 Friers who runout of their Convents under this Habit, and the -^^ / 74- C.- 
 Ordinaries are commanded to proceed as well againft the Superiors, ^'^' 
 as the Inferiors, who contravene this Decree. 
 
 There is an Order that no Superiors fliall be admitted into the p, 717. 
 Monafteries, if they have not been chofe canonical ly, and according Cap. xV. 
 to ancient Cuftom, notwitliftanding all the other Regulations of Gene- 
 ral Chapters, and every Kind of Grant or Privilege. 
 
 It was the Cuftom in the General Chapters of the Mendicant Cap. XVI. 
 Orders, that when the Superiors of Convents confcfs'd and begged 
 Pardon for any Crime, they refign'd tlie Seal, and the Chapters re- 
 elected them, or elfe cho'e others. But as there was a Remiffnefs in 
 this refped, the Reforming College requires that when they refign 
 the Seal, they be at the fame Time deem'd to refign the Office, and 
 that the Chapters proceed again to eleft them, or to chufe other Su- 
 periors, according as it (hall be thought ey.pjdient. 
 
 The Superiors are forbid to demand any thing of the Friers, either Cap. XVII. 
 for Wriring, or Sealing, on Pain of Fxcommunication not to be ta- 
 ken off but by the Pope, or in Articulo mortis. /\nd if the Superior, 
 who is excommunicated, undertake to celebrate Mafs before his Ab- 
 folution, he Jhall be deprived of his Office, and the Chapter fhall 
 affemble to eleft another. 
 
 In order to check Ambition, fo incompatible with the Conditi- Cap. XVIIL 
 on of Beggars, 'tis ordered, that a Provincial ihall not continue above 
 fix Years in that Office, if he is a Mafl:er of Arts, or Batcheior of 
 Divinity, but if he be only a Reader, and has not taken any De- 
 gree, he fhall continue in it but three Years. The Graduates fliall 
 always be prefer'd, provided that in other refpefts they are qualified 
 
 Vol. 11. A a a for
 
 170 
 
 Of the Nuns 
 
 Cap. XXI. 
 
 Sex^. Vecrei. 
 I.. ULTit 
 
 2Y!x 
 
 Op. XXII. 
 
 Cap. XXIII 
 
 The Hijiory of the Council 0/ Constance. 
 
 for the Employment. The Provincials ftall be oblig'd to ajlemble 
 their Chapters every Year, nocwithftanding any Dilpenlation whatfo- 
 ever, unlels when there happens to be a General Council. 
 
 LVI. The follov^^ing Regulations relate to the Nuns, among 
 whom there were two Abufes to be prevented. The one was, their 
 going out to beg, contrary to the Honour of their Sex, which does 
 not allow them to ramble from Place to Place •, the other was, their 
 pofTeflTng Things in Property, under Pretence of Gifts from their 
 Kindred, contrary to their Vow of Poverty. In order to remedy 
 both theie Abules, the College forbids the admitting of any Nun 
 into a Convent, if there be not fufficient to maintain her without 
 her being obliged, either to beg, or to have any thing in Property, 
 under any Pretence whatfbever (i). 
 
 It often happen'd that the Nuns being admitted too young to make 
 a Profeffion, fell into Crimes, which they would have efcaped, 
 in cafe they had been permitted to quit their •Convent and marry (;). 
 Therefore the College orders that no Nun lliall be admitted to make 
 a Profeffion, till flie is twenty Years of Agej and that every Profef- 
 fion made before that Age, fliall be look'd upon as illegal and void. 
 For, fiy the Reformers, tho' Virginity is preferable to better 'things^ 
 ^et Marriage being an honourable holy State ought not to be condemn'' d. 
 
 There's a Conftitution of Boniface VIII, dated in 1298, which 
 orders the Nuns to keep ftriftly to their Cloifters, unlefs in Cafe of 
 Sicknels, or fome Ipecial Permifllon which fliall not be granted till 
 after mature DeliberatioH. The very lame Conftitution forbids them 
 to enter into the Monafteries of the Men, and to admit Men into 
 theirs, without exprefs Leave, in order to avoid the Temptations of 
 the Flefii. The Reforming College renews this Ordinance, and the 
 Prelates are oblig'd to caufe it ftriflly to be oblerv'd, on Pain of be- 
 ing depriv'd of every Dignity, Spiritual and Temporal. 
 
 When a Nun had committed a Fauh, the Secular Pi-elates, that 
 is to fay the Biftiops, thought they had a Right to correct them. 
 The College thinking this Praftice lomewhat indecent, forbids the Se- 
 cular Prelates to meddle or make in thofe Cenfures j and orders them 
 to be pafled by the Regular Prelates, that is to lay, the Superiors of 
 Convents, unlefs the latter be convifled of Negligence in this Refpefl-. 
 
 As it is not decent for young Nuns to go out of their Convents 
 to follicit the Affairs or Concerns thereof ; and as thofe who are ad- 
 vanc'd in Years are not always in a Capacity to do it j the College 
 commands that the Ordinaries of the Places, or the Superiors of the 
 Convents, in Concert with the Abbefs and Priorefs (3), fliall in every 
 
 (0 The very fame Oidinance had been of that Time, drawn by Nich. Clemanps^ 
 »ade by Boniface VIII. in 1 298. a}. K d. Nardt, T. I. p. 5 7. Cap. XXXVI. 
 
 (a) Sec the horrid PiSure of t!ie Nuns. (3) Matijfe, Vrjppijfx &» Magiftra. 
 
 Cloifter
 
 The Hijiory of the Council <?/ C o n s t a n c £. 571 
 
 Cloiftcr eftablifh Attornies or Agents of a good Reputation, and a 
 ripe Age, but Specially luch as are not lIilpeLted of Incontinency, da 
 niitio carnis tion fufpetli^ who iliall evf ry Year give an Account of their 
 Management (1). 
 
 The Nuns are order'd to eat out of tlie fameDifli, to drink of the Cip. XXIV, 
 fame Liquor, and to be clad in the iiime Habit, in order to prevent Jea- XXV. 
 loufy, and other ill Eflecls of Diftintlion and Inequality; and gll the 
 tViers and Nuns are to wear thole Habits conftantly, in and out of 
 their Cloiflers, which diftinguifh their different Orders, the Bemdic- 
 tins from the BernardiHS^ the Friers Minors from the Aiigufiins, (j'c. 
 
 That's all that was done for the Reformation of the Monks. 
 Probably it was too early to lay hold of the Advice which the Car- 
 dinal of Caml^ray ha.d given, to leffen the Number of the Monafteries 
 and Friers, efpecially of the Mendicants, who were a Charge upon 
 all Mankind, as well as to hinder fo great a V^ariety in the Orders, 
 which could not but occafion Dirtinflions of Vanity and Pride. But 
 let's hear him in his own V^'ords, PldeUir quod tanta Rdigioforum nu' 
 merofttas £s? varietas non expediat, qu^e inducit ad varietatem ynortmiy £?* 
 quandoqiie ad contrarietatem, £5? repungnantiam obfer'vationiimy (j' f^pe 
 ad fingularitatem £5* ad fupcrbiam, 6? vanam extollentiam imiiis flatus fu- 
 per aliunt. Et niaxime videiur necejfarium^ ut diminuerentur Ordines 
 Mendicantium^ quia tot funt ^ in numero Convetituumj (^ in tiumero 
 Suppofitoritm^ ut eor urn flatus fit onerofas hontinibuSy damnofus Icprofis^ hof- 
 pitalibus ac aliis vere pauperibus, quibus convenit jus (^ verus titulus 
 mendicandiy ipfts quoque Curatis ParochialibuSj y, fe bene conftdcretur, 
 etiam pnejudicialis omnibus Ecclefi<e ftatibus. i. e. So great a number AWacap.Ottf. 
 and Variety of Religious Orders does not leem expedient, becaule itT.II.p.jn. 
 introduces diverfity of Manners ; fometiraes contrary and inconfiftent 
 Oblervations, and oftentimes Singularity, Pride and a vain extolling 
 of one Order above another. And it ieems efpecially necelTary that 
 the Orders of Alendicants Should be diminifh'd, becauJe there are io 
 many, both for the Number of Convents and Agents, that their Or- 
 der is burdenfbme to Mankind in general, detrimental to the L>epers, 
 to thole in Holpitals, and to others that are really poor, who have a 
 true Right and Title of begging; as alfo, to the Parift Curates; and, 
 if duly confider'd, prejudicial likewile to all the Orders of the 
 Church. 
 
 LVII. The Reforming College made ibme Regulations for the Regulations 
 Laity alfo. We have already feen what Bounds it prelcrib'd, as well fortheLaity. 
 to the Ecclefiaftical, as to the Civil JurifdiQion. The Lay Judges v. d. Hardt, 
 ought not to meddle in Ecclefiaflical Affairs, any farther than they are T. I. p. 61 }. 
 requir'd for maintaining the Ecclefiaftical I^iberties and Immunities, 
 
 (i) Sec almoft the very lame Decree, Sext. Demt.lAh, III. Tit. xvi. n, j. 
 
 A a a 2 Thb
 
 373 The Hijtory of the Council of Co n stance. 
 
 The Temporal Nobility are forbid to infill e and vex the Secular 
 and Regular Clergy, by calling upon them for Carriages, Lodgings 
 Food for their Dogs and Birds, and the like Average. 
 
 Tho' there were very levere Laws againft the Laity who exerci- 
 ied^any Manner of Violence whatfoever upon the Clergy, and who u- 
 furp'd the Church Revenues, yet the Temporal Lords did fbmetimes 
 commit Ecclefiafticks to Prifon, prelcribe, maltreat, and even kill or 
 maim them. 'Tis true, that when the Matter was examin'd, it of- 
 ten appear'd that the Clergy had as much exceeded the Bounds of 
 their Jurifdiftion as the Laity. 
 
 Iliacos intra muros peccatur^ ^ extr^. 
 
 The College feverely forbids all Spiritual and Temporal Princes, 
 Counts , Barons, Bodies Corporate , Cities and their Governors, 
 Captains and Magiftrates, to give Shelter to fuch Infringers of the 
 Ecclefiaftical Liberties, even tho' they fliould have Safe-Condu£ls^ 
 unlefe they fliould come thither to treat of an Accommodation, on 
 Pain of having the Place that lerves as a Harbour for the Cri- 
 minals, put under an Interdift. Moreover, the College requires that 
 v;hen any one prefents himfelf to receive Holy Orders, the Bilhop 
 ihall carefully examine whether He, or his Father, or his Grand- 
 father, even up to the third Generation, has not committed fome Afts 
 of Violence againft the Clergy or their Eftates, or whether he has 
 not direftly or indirectly favour'd fuch K^ } and if he be convifted 
 of having fo done, he ihall not be admitted, without a Difpenlation 
 from the Apoftolical See, which fhall not grant it till he has made 
 fuitable Satisfaftion to the Parties concern'd. 
 T.A.-RmM, Among the Regulations for the Laity may be inferted that 
 '^•^P.'^'^?- which relates to the Notaries and Scriveners. There were fuch 
 Numbers of them fettled in feveral Parts of the World, and thofe 
 fo grofsly ignorant, that their Inftruments were fcarce valid any 
 where j and People would fooner take the Word of a private Gentle- 
 man. And being not only, not Men of Letters, but unacquainted 
 with fo much as the Court Terms, they generally fgn'd Things 
 ■which they did not underfland. The College enjoins the Ordinaries 
 of the Places, by the Emperor's Permiflion (annuente Serenijfimo^ In- 
 'oi^ifflmo Principe Domino Sigifmundo, Rege femper Anguflo') to appoint 
 Eerfons of UnderfVanding and Integrity, carefully to examine the No- 
 taries and Scriveners, as well with regard to their Capacity, as to 
 their Behaviour, and to approve thofe that Ihall appear to be qualified, 
 and to rejeft the otiiers. 
 
 The following is a Regulation of a mix'd Nature, becaule it takes 
 ill both, the Clergy aiid Laicy= In Ibme Places the Prelates, and even 
 
 the
 
 The Hijiory of the Council c/ Constance. 373. 
 
 the Lay Patrons of Benefices iis'd to pocket every Thing that a 
 Clergyman left at his Death, whether he dy'd with a Will, or In- 
 teftate, and never gave a Penny of it to the Church or the Poor, nor 
 paid the Debts of the Deccafed ; fo that there was not enough 
 remaining to defray the Charges of the Funeral. Sometimes too, 
 they feiz'd Eftates of Inheritance, to the Prejudice of the lawfiil Heirs.- 
 The College, ipfo fa^io, excommunicates all the Clergv and Laity 
 who Jhall be guilty of luch Outrages;, and if a Clergyman remains 
 fix Months under Excommunication, without making Reflitution, he 
 fhall be deprived of his Benefice, and declar'd incapable of pofTel- 
 fmg another j he Ihall lole his Right of Patronage ; his Lands ihall be 
 put under an Interdict ; and finally, if he does not make Satisladlioni 
 he Jhall be deny'd Burial after Death. 
 
 Here follows another Regulation, common both to the Clergy and 
 Laity. In Churches and Benefices that were incorporate and united, it 
 was the Order that the Prelate or Clergyman that held the Benefice 
 fhould have a Vicar who fhould be handlbmly maintain'd out of the Re- 
 venues of the Church, according to the Bull of Clement V, in 13 12. clement in- 
 But the Prelates and Lay Patrons had liich a Way of fqueezing tho(e Lib. 3. Tit. 
 poor Vicars that they had Icarce enough left to live upon: When any ^" 
 one came to obtain a Vicarfhip, without troubling themlelves about 
 his Abilities, they bargain'd with him for the beft Part, not only of 
 what was to accrue to him from the Benefice, but alfo from the Of- 
 ferings, which are Things cafual and uncertain. The College makes 
 void luch Bargains, as tyrannical and fimoniacal, and dilcharges the 
 Vicars from all Oaths they may have taken upon this Occafion. 
 
 According to the Canon Law, the Judgment of Matrimonial r. d. mr^, 
 Caufcs belongs to the t cclefiaftical Tribunal. Mean time there were T. I. p. 785 - 
 Ibme Temporal Lords who had a Way of bringing that Ibrt of Caufes 
 before them, either for the Hinderance of lawful, or to favour un- 
 lawful Marriages. The College orders the Clergy, on Pain of Ex^ 
 communication, to oppofe thofe Ulurpations in their Dioceies, and to 
 interdict the Lands fubject to thole Temporal Lords who ihall render 
 themlelves guilty of this Crime after having had Canonical Admo- 
 nition. 
 
 The Temporal Lords arc forbid, under the lame Penalty, tohin- r. i. Hardt; 
 der the Prelates from making their Vilitations, and to thwart them ubi fupra z^^z. . 
 in the Corretiion of Manners, and in the Spiritual Puniihment af 
 Crimes, luch as Merely, Adultery, Perjury, Eornication, Ufury, (j'c. 
 They are alfo forbid to give Proteiiion to the Begardi and Bcguinei^ 
 who ought to be frequently vifitcd by the Prelates, becaufe their 
 Conduit was fulpefted of Singularity. 
 
 Besides thele Regulations which relate to the Clergy and the 
 Laity, there are others which may be call'd General, becaufe they 
 
 2 concera.
 
 374 57i£' Hijiory of the Council of Constance. 
 
 concern the whole Body of the Church in general, or to fpeak more 
 
 clearly, the whole Chriftian World. Li this Rank we muft place the 
 
 Article of the Reformation of the Calendar. 
 
 TheGiku- LVIII. Notice had been taken alongivhile, as Nlr. Blondel lays, of 
 
 darrefoimed. the Difurder and Confufton that in Procefs of Time had attended the 
 
 siondel, uli " volutions of the Sun. and Moon, being mulciply'd by a SnccefOon of 
 flip. p. 102, <£ many Years, was increas'd to fiich a Degree that the FelHvals 
 '^3' " mark'd in the Calendar were very remote from that Time of the 
 
 " Year, with which they ought naturally to correfpond. 
 
 " The Feaft of Eafter was no longer celebrated at the Full 
 " Moon of the firft Month, but frequently pafs'd to the fecond, in 
 " which there were none that could legally celebrate it, according to 
 " the Command of the Jewiih Law, but the Unclean and the Le- 
 " pers. It fell out no longer as it ought to have done, between the 
 " fifteenth xMoon and the twenty-firft, and often paffed to the twenty- 
 " fifth. 
 
 " And if earnefl: Care and Pains had not been taken to flop the 
 " Courle of thofe Errors, as they increaled more and more, the Dif- 
 " order and Confufion would have been fo great at laft, that the 
 " Beftival of Eafer, after having entirely quitted its due Seaibn in the 
 " firft Month, would not only have fallen in that of the Unclean and 
 " the Lepers, but would have pals'd in Procefs of Time, to the third 
 *' and fourth Months, that is fay, to the Heat of Summer, then to 
 " the Autumn, and from thence to the other Seafons of the Year. 
 " So that when it had exceeded the Bounds of the fifteenth Moon and 
 " the twenty- firft, it would not only have pals'd to the twenty-fifth, but 
 ** would have extended alfo to the twenty-fixth, twenty-feventh, and 
 *' even to the New Moon, which is the greateft of all the Abfurdi- 
 " ties that can pofilbly happen in this Matter, and the moft contrary 
 " to the pofitive Command of God's Law. 
 
 " For the fame Realon the Day of our Lord's Nativity having 
 '= abandoned the Winter Solftice, would have leap'd to the Vernal Equi- 
 " nox, and from thence to the Summer Solftice •, while the Birth-day ot 
 "" St. John Baptift would have been advanced to the Autumnal Equinox, 
 " and from thence to the Winter Solftice. The fame Prayers which the 
 " Church has judicioufly order'd to be made, according to the difterent 
 *' Seafons, would have become entirely ridiculous and improper^ and 
 " it would have been a ]eft, to have beg'd of God to moderate the violent 
 " Heat of the Sun, at a Time when the Earth would have been cover'd 
 " with Snow } or to have pray'd for Rain to bring the Plants forward, 
 " at a Time when the Corn was laying up in Barns and Granaries". I 
 
 thought
 
 The Hijtory of the ConncW ^/"Constance. 375 
 
 thought that a Preamble fb inftruftive, and from ib good a Hand, 
 would not be difagrceable to the Reader. 
 
 The Sciences being a little reviv'd about the End of the four- 
 teenth and beginning of the fifteenth Centuries, the Learned fet a- 
 bout remedying this Diforder by the Rules of Aftronomy. In 1411, v. d. aardi, 
 the Cardinal ol Camhray wrote a Treatile upon it, which was next T. III. p. 71. 
 Year prelented to John XXIII, in the pretended Council of Rome. 
 That Pope approv'd of the Cardinal's Projeft, but judicioufly put off 
 the Execution of it till after the entire Union of the Church un- 
 der one Obedience. When John XXIII. was depos'd, when Gregory 
 had refign'd, and every Thing yvas in a Readinefs for the depofing 
 of Benedl^, the Cardinal renew'd his Propofitions concerning the Re- 
 formation of the Calendar, and the Treatife he wrote upon it was 
 publickly read at Conjlance, in St. Paul's Church: A good Extraft IntheMomb 
 of it is the more proper to be given, becaufe this important Article of Manh^ 
 has been intirely neglected by the Annalifts and Hiftorians of thole ^^^'' 
 Times. But, as I don't truft to my own Knowledge on this Sub- 
 je£l, the Publick fhall be oblig'd for this Piece of Fliftory, to a 
 learned Friend of mine (i), who has a very good Notion of thele . 
 Matters, as well as in many other Sciences which are not common. 
 
 (i) M. des rignoleJ, a Member of the Royal Acadamy of Sciences at Berlin. 
 
 qA [hort and plain u^hftraH of the Treatife of Peter 
 d'Ailli, Cardinal of Cambray, conceriiing the Reformation 
 of the Calendar. Von der Hardt, T. III. p. 72, Sec. 
 
 CHAPTER I. 
 
 TH E Ecclefiaftical Hiftorians lay, that in the lecond Century Eufeh.V.z^,. 
 the Chriftian Churches were divided in relation to Eafler; ^^• 
 and that the Queftion was debated with very great Heat. The Orthography 
 Churches of J'Jia^ whole Authority was a broken Apollolical Tra- of m. ^desvi-- 
 dition, celebrated this t'eftival on the fourteenth Day of the Moon, gnoUs. 
 on what Day of the Week Ibever it fell out •, while the other Churches 
 put off the Solemnity to the Sunday following, becaufe chat was the . 
 Day on which Jeliis Chrift rofe again. The latter Sentiment was 
 approved by leveial Provincial Synods, and afterwards confirm'd by 
 the famous Council of Nice. 
 
 a About
 
 .2 7^ The Hijiory of the Council of Constance. 
 
 About an Age before this Council, a Bifliop nam'd Hippoljtus 
 {a)D'Ail!y had propofed a Cycle to regulate the Feftival of Eafter-^ and in (a) 
 §.4. faysfo/- 1;]-,- tollowing Ages, feveral learned Men propofed new ones, particu- 
 *rob'a'hl''"'it ^^^'^y P-^fi^''''^ o^ C^/area, Theophilus of Antioch, Cyril of Alexandria^ 
 ^ould be »»« Pro/per and Fi^or of Aquitaiu (or Guienne^ Denis, furnam'd ihe Lit- 
 ^Hsm. tic, a Roman Abbat, the Venerable Bede, an Englipman, andfome 0- 
 
 thers more modern. 
 
 There has not been that Exa£bers obferv'd in latter Days, which 
 is the Reafon that we now find Eafler, and the other Feftivals de- 
 pending upon it, very far from their true Pofition, as we are now go- 
 ing to demonflrate. 
 
 CHAPTER II. 
 
 H R E E Errors have been the Caufc of this Dilbrder: 
 I. 'Tis fuppofed that the Year confifts of 365 Days and a quar- 
 ter exaffly^ fo that by adding four Quarters together, which make a 
 Day, it was thought fufficient to add one Day to every fourth Year, 
 which was call'd Bijfextik. But it appears, by Calculation, that the 
 Year is not fo long by about eleven Minutes, that is to lay, the Sun 
 returns to the very fame Point about eleven Minutes Iboner than is 
 Hippofed. 
 
 2. This firft Error has neceflarily occafion'd aiecond, viz. a Sup- 
 pofition that the Equinoxes and Solftices, by which the Moveable 
 Feaits are regulated, always happen'd upon the iame Days of the 
 Year, whereas in 154 Years Time they ought to be a Day forwarder. 
 
 These two Errors would be remedy'd, if at the end of 1^4 Years 
 a Day was flipprefs d, either in that Year, if it happen'd to be Bif- 
 fextile, or in the next Bijfextile, which Year might be call d the 
 Jubilee Year. 
 
 3. The third Error is owing to a Siippofition made by all the Cy- 
 cles which have been invented, that the fame New Moons return at 
 the fame Moment of Time at the end of nineteen Years, whereas it 
 wants, ftriftly fpeauing, an Hour and about forty Minutes: So that 
 at the end of ^04 Years, they are advanc'd one whole Day, and near 
 three Hours, (or two Hours and Ibrty Minutes,) and People of the 
 itieaneft Capacities have oblcrv'd that for near 200 Years the New 
 Moons have happen'd three or four Days looner than they are fet 
 down in the Calendar. So that if this Error was fu.^er'd to continue, 
 the Confequence will be that after the Expiration of 4256 Years, the 
 Days which are mark'd in the Calendar for the New Ivloon, would be 
 the Days of the Full Moon. 
 
 CHAP-
 
 The H'tjlory of the Council <?/CoNstANc e ' '^tj 
 
 CHAPTER IIL 
 
 TH E Equinoxes and the Solflices have not always had the 
 flime Sicuacion in the Calendars. In the Time of Hippocrates^ 
 (and near 500 Years after) in the Time of Pliny ^ the Equinoxes and 
 Solftices were fix'd upon the Days which the Romans diftinguilh'd 
 by thefe Words Fill Cakud. that is to fay, the Equinoxes on the 
 25 th of March and the 34th of September, and the Solftices upon the 
 ■2 ^th. o^ June ^nd.thQ z<^th.o^ December. Others put them down four 
 Days iboner. The firfi; Opinion was adher'd to for Ibme Time by the 
 Primitive Church, which placed the Vernal Equinox upon the Day of 
 the Annunciation, Mj/t^ 25 •■, the Autumnal Equinox on the Conception 
 of St. John the Baptift, September 24-, the Summer Solftice on the 
 Birth-day of that Saint, Jur.e 24 j and the Winter Solftice on the 
 Day of the Nativity of our Lord, December 25. But afterwards 
 the Church fix'd the Vernal Equinox upon the 21ft of March, be- 
 caule it happen'd very near upon that Day, not many Years after the 
 Council of Nice. 
 
 Therefore when fbme Authors fay that Jefus Chritt was born at 
 the Winter Solftice, it ought not to be underftood in the utmoft Ex- 
 aflnefs, but very near. For 140 Years after Jefus Chrift, Ptolemy 
 obferv'd the Winter Solftice on the 2 2d oH December, and the Vernal 
 Equinox on the 2 2d 0I March. At this Reckoning, therefore, the 
 Winter Solftice muft have happen'd on the 2;d of December, at the 
 Time of the Birth of Jefus Chrift, and the Vernal Equinox on the 
 i^d o'i March :, becaufe in fuch a Space the Sun lofes but little more 
 than a Day, as we have already oblerv'd. 
 
 The Confequence of this Lofs of Time was, that in the Year of 
 our Lord 1267, the W^inter Solftice fell out on the 13th of De^ 
 cember, and the Vernal Equinox on the i;th of March ; and for the 
 fame Realbn we find, according to the Tables of King siphon/us, 
 that this Year of Jefus Chrift 141 i. the Vernal Equinox will be on 
 the i:th of March at four o' Clock in the Morning, or at three quar- 
 ters after three, according to our Way of Reckoning) the Summer 
 Solftice on the 13th of Juiw at nine Minutes after four o' Clock in 
 the Afternoon-, the Autumnal Equinox, on the i)th of Septem- 
 ber, at twenty Minutes after four in the Morning;, and the Winter 
 Solftice on the 13 th of December, paft feven in the Morning. 
 
 But be:au!e that next Year, the Day oT Biffextik will caule the 
 Equinoxes and Solftices to advance one Day, there's a Neceflity for 
 flipprcftlng that odd Day, to prelerve the Equinoxes and the Solftices 
 upon the Days that we have mcntion'd, and the lame Thing muft be 
 repeated at the Expiration of 134 Years. 
 
 Vol. II. B b b C H A P<
 
 379 The Hijlory of the Council of Constance. 
 
 CHAPTER IV. 
 
 TH E Roman Calendar having been corrupted by the NegleO: of 
 the Pagan Popes, as it is at this Day by the Chriftian Pon- 
 titfs ; Jidiiis Cafar reforra'd it , and made that Dilpofition in 
 tlie Calendar which we call the Golden Number (i). This Em- 
 peror reign'd five Years, and our Saviour Jefus Chrift was born in 
 the 4:d of Auguflm his Succeflbr : So that the Chriftian Church 
 reckon 'd the forty-third Year of Aiiguflus from the firft of January 
 to be the fecond Year of Jeiiis Chrift, tho' our Lord was but then 
 eight Days old, becaufe they began their Computation from the Incar- 
 nation of Jefus Chrift, that is to lay, from the Day of the Annunciation. 
 From thence it comes to pafs, that the Church of Rome at this 
 Day calls it the Year 141 1 of Jefiis Chrift, even before the Annun- 
 ciation -^ whereas they, who begin the Years of Jefus CJirift exactly at 
 the Incarnacion, make tlie Year 1410. continue to the Annunciation, 
 till which Day they do not begin the Year 141 1. 
 
 DENIS the Little follow'd this laft way of Computation, for 
 till then the Greeks were accuftom'd to make Ule of the Years of 
 Dioclejian, as formerly they computed by the Years of every Empe- 
 peror, according to what we read in the Golpel, In the fifteenth Tear 
 of the Reign of Tiberius. 
 
 JULIUS defar having therefore began his Reign forty-feven 
 Years before the Birth of Jefus Chrift, if we add this Number to that 
 of 1411, it will follow, that at the End of December it will be 
 1458 Years, fince the Reformation of the Calendar, and the Efta- 
 blifhment of the Golden Number. 
 Striaiyfpeak ^q^ Now this Number of 1458 contains four times the 
 
 ^S 5"' -"t Mult. 4 304 Years abovementioned, during which the New 
 
 ^ ^"*' Moons ought to be four Days forwarder, and the Gol- 
 
 12 16 den Number as many Days backward in the Calendar., 
 ^dd 242 Befides, there are ftill 242 Days remaining, 
 
 . . which, with 6z others, will make a new Cal- 242 
 
 1458 culation of 304 Years, during which the New tz 
 
 .,, Moons will be one Day forwarder. So that if • . 
 
 •^^^ ^ we alfo add thofe 62' Years to the 1458 al- 304 
 
 ~" ready, it will follow that in the Year 1520 of 
 
 «, ,„ ^^"° the Reformation of the Calendar, which will be the 
 
 «i*y •47 fajjje jjg j.}^e Xtvc of our Lord 147?, the New Moons 
 
 " ' will be advanced, or the Golden Number, by which they 
 
 ^■^^^ are mark'd, retarded five Days, or thereabouts. Ic 
 
 (i) This is not altogether cxaft ; for the Rfformed Calendar only began the Year 
 ■wliich preceded :hat of the Death of yuHm Cufar. 
 
 would.
 
 ne Hijiory of the Council 0/ C o n s t a n c e . 579 
 
 would be neceflary therefore to rcftore the Golden Numbers to their 
 true Place, and always do the fame at the end of every 304 Years. 
 
 Nevertheless it mufl: be obferv'd, that while we treat of 
 New Moons, we have no Regard, either to the Time in which the 
 Moon begins to appear, nor to that of its true ConjunOiion with the 
 Sun, becaule neither the one nor the other, of thole Months are of the 
 lame Duration among themielves, as it is agreed by the Aftronomers i 
 but they are conlider'd with regard to the Motion which thol^ Aftro- 
 nomers call the MEAN Motion, according to which every Lunar 
 Montli is twenty-nine Days, twelve Hours and three Quarters, or 
 very near it. Twelve of thefe Months, which conflitute a Lunar 
 Year, being compar'd with the ordinary Year of 365 Days and a 
 quarter, the Difference between the one and other is what is call'd 
 the Epait, which is generally fuppos'd to be eleven Days, but there 
 wants about three Hours of it, as we may eafily find out, if we make 
 one Sum of the twelve Lunar Months, fuch as we juft now deter- 
 min'd them, and fubtraO: that Sum from the 365 Days and fix Hours, 
 which is the common Year. 
 
 CHAPTER V. 
 
 WH A T we have juft now mention'd, fhews that there could 
 not but be Confufion in the Chriftian Feftivals. For tho 
 Council of Nice having order'd Eajier to be celebrated on the Sun- 
 day after the fourteenth Day of the Moon that happens after the Ver- 
 nal Equinox, or on the very Day of the Equinox it could not be other- 
 wife but it was often celebrated out of its Time, becaufe neither the 
 Equinox nor the New Moons could have happen'd on thole Days upon 
 which the Calendar Hippofes them ^ and by conlequence Lent, and 
 all the Moveable Feafts, as Alcenfion, Pentecoft, (^c. rnufi: have beea 
 celebrated, one as well as another, out of their proper Time. 
 
 While the Difference was not vifible, there was no very great 
 Harm done ; and when Ibme Popes perceiv'd it, they did not dare 
 however to touch it. 1. Becaufe the Error was as yet tolerable. ;. To 
 avoid the Offence, which an Alteration might occafion. 3. Becaule 
 they did not yet know the true Duration of the Year, Aftronomy 
 having been fcarce cultivated as yet among the Chriflians. 
 
 B b b 3 CHAP-
 
 380 
 
 The Hijiory of the Council of C n s t a n c eJ 
 
 CHAPTER VI. 
 
 NO W the Church does not want able Aftronomers, fhe ought 
 to confult them, in order, by tlieir Opinion, to reform ths 
 abovemention'd Abufes •, I have propos'd three Methods. 
 
 1. The firft, to omit one Billextile Day at every Revokition of 
 134 Years, which would reflore the Equinoxes to their Places, but 
 not remedy the New Moons. 
 
 2. The fecond to omit no BllTextile Day, but at the Expiration 
 of ;o4 Years, which would indeed remedy the Anticipation of the 
 New Moons, but would not prove a fofficicnt Remedy for that of the 
 Equinoxes. 
 
 3. The third, would be to find out by the Aftronoraical Tables 
 the true Time of the Equinoxes and new Moons. That of the Equi- 
 noxes is eafy to difcover, either by the Obfervations themfelves, or by 
 Calculation^ and as to the Time of the New Moons, one might make 
 life of the Method of the JrabianSy or that of the Jeivs., both which 
 Nations are very fond of Aftronomy. 
 
 But if the Church fliould find it too difficult at prefent, to make 
 a Reformation of the Calendar that is perfectly exa^l-, it might at 
 leaft, from this Time, canle the real Days of the Equinoxes and 
 New Moons to be mark'd in the Calendar which might ierve for a 
 long Time, and fecure the Chriftians from the Banter to which they 
 are expos'd from Unbelievers, particularly the Jeiis. 
 
 Pope John XXIII. approving the Work, and the Methods pro- 
 pofed, orders the Publication of the following Table, wliich regulates 
 the fourteenth of the Pafchal Moons ^ but he does not command the 
 Uie of it, till the prefent Schilm is at an end, and the Affair comes 
 to be entirely lettled by the unanimous Approbation of the Council. 
 
 GoUen 
 Number. 
 
 X 
 ■2 
 
 3 
 4 
 5 
 6 
 
 7 
 S 
 
 9 
 
 CO 
 
 7'imes of 
 Eafter, or the 
 XIV Moons. 
 
 y^pril 2 
 March 22 
 Jpril 10 
 March 30 
 March 19 
 ^pril 7 
 March 27 
 March 16 
 ^pril 4 
 March 24 
 
 Golden 
 Number. 
 
 II 
 12 
 
 13 
 14 
 I)' 
 16 
 
 17 
 18 
 
 ^mes of 
 Eafter, ortJj^ 
 XIV Moons. 
 
 March II 
 April r 
 March 21 
 April $r 
 March 29 
 March iS 
 Ap-iil 6 
 March 16 
 March ij 
 Here
 
 The Hijlory of the Council <?/ Constance. '>gj 
 
 Here ends the Abridgment of Peter d'/HUt's Treatife. I don't 
 obfeive that either the Reforming College or the Council took any ■ 
 Relbkition as to the Method of reforming the Calendar. Perhaps 
 it was bccaule the Schifm being not yet thoroughly fupprels'd, they 
 found it difficult to get the Cardinal de Camhrafi Projeil receiv'd 
 univcrfally. The Aifair was again brought upon the Tapis at the 
 Council of Bafil, where Nicholas de Cufa^ at that Time Dean of >". </. Harit, 
 St. Fleurin at Coblentz, and afterwards a Cardinal, compos'd a Treatife T. HI. p. 72- 
 on this Subject, which was publiih'd in that very Century, immedi- 
 ately after the Invention of Printing. Neverthelefs, the Aflair re- 
 main'd undetermin'd ^ nor could it be decided at the Council of T'rent 
 becaufe, as Mr. Blondel tells us, they had no Remedy to propofe there 
 ivhich deferv'd the approbation of all. At laft, Gregory XIII. reform'd 
 the Calendar as it ftands at prefent in all the Roman Catholick and 
 in feveral Proteftant Countries, for which Purpofe he was aflifted by 
 a famous Aftronomer at Rome^ nam'd Aloyfms Liliin. Proceed we to 
 the other General Regulations. 
 
 LIX. According to the Canon Law, the Confecration of Confecratfoa' 
 Churches, Chappels^and Altars, is a Prerogative which only belongs to of Chappels 
 the Popes or the Bifhop, exclufive even of Abbats and meer Priefts. ="■"* Altars, 
 According to Platina, it was Feli>c III. who referv'd the Confecration ^'""'»- ^'^- 2. 
 of Churches to the Biihops. I have obferv'd in this Hiftory, that Fe7lll'p^m° 
 PFickliff diiputedthis Privilege with the Bifhops, whole Pretenlion in 5. * ' ' 
 this Point he only confider'd as an Effefl: o\ their Ambition j and 
 the Cenfors of this Euglip Doitor render no other Reafon for 
 this Curtom than the Decorum and Dignity of the iacred Things 
 which are adminifter'd in the Church, and upon the Altars. How- 
 ever this be, it was become a Cuftom for the BiJliops to confecratc 
 Churches and Altars, before any Benefice was annex'd to them ; from 
 whence it happen'd, either that they were not fcrv'd, which would 
 render the Confecration of no Avail, or that their Service was a Bur- 
 den to the Ordinaries of the Places. The Reformit^g College therefore v. rf. Harit .'■ 
 forbids the Biihops, on Pain of a Year's Sulpenlion, to conlccrate T. i. p. jl^ 
 Monarteries, elpecially in Cities and Towns, and in the Country any 
 exclufive of Chappel or Altar, if both the one and the other are not 
 fuBiciently endow'd for the Maintenance of a Alinifler. 
 
 LX. The Priefts, for the fake of getting Money (i), had introduced ^,r. 
 into the Cathedral and Collegiate Churches, certain particular MalTas ^ ^ '^'' 
 for fome Saint, or for the Soul of fome deceafed Perlbn ; and often, 
 after having faid thofe Maffes, they omitted the ordinary Service,, or 
 perform'd it but imperfei.tly (:), without any Solemnity, or Mark of 
 
 (0 Ckrus maghcehr pro pecutiia quam p» grnUa^r. d.JIarat, T. L p. 73c, 731. 
 (i) Sinefolemnitate & nota. 
 
 Diftinctionj-.
 
 382 The Hifiory of the Council <?/ C o n s t a n c e^ 
 
 Diftinftion. The Reforming College condemns fuch an Abule, and 
 orders, on Pain of Sufpenfion, that the whole Office for the Day fhall 
 be performed as ufiial, after the Celebration of the particular Feffci- 
 val, or tlie Commemoration of any Death. 
 Canon of the LXI. There had been a lad Complaint a long Time, of the 
 Mafs, cArhl great Difference in the Copies of the Canon of the Mafs. 'Tis the 
 ^can^MiO' ^'e'^O'id, and moft important Part of that Ceremony in the Church of 
 z^.Grimliid Romc^ bccaule it is preparatory to Conlecration. The Doftors of this 
 Litt4r. sacr.T. Chiuxh are not agreed about the Original Compilation of this Canon, 
 II. p. 146. which is alfo cdWd fecrei, becaiile the Prieft, who officiates, lays great 
 1T;«/^L n ^^'"'^ °^ '^^ ^^^^ ^ ^^^^ Voice. Some afcribe it to Gelafius in the fixth 
 Cap XI p Century, others to Gregory the Greaf, others to a certain School-Divine 
 74d, 74S. more ancient than thole two Popes •, and Ibme fay it was compil'd before 
 the Time of Conjlantine the Great. Men of the beft Senfe think ne- 
 verthelels, that it was compos'd by fundry Peribns at leveral Times, 
 (/t) Council whichcomesup very near to the Decifion of the Council of Trent («). 
 odrerit, Sefl". Cardinal Bom fays, that no Alteration had been made (/>) in the 
 (b) e't^Ja ub' Canon of the Mafs, fince the Time of Gregory the Great, except one 
 Mra. 0"ly> which ^/^ij/^/a^ the Librarian afcribes to Pope Gregory HI (i). 
 
 This Pope, to favour the Worlhip of Images and of the Re- 
 licks of Saints, which was very much oppoled by the Emperor Lea 
 Ifauricus, had caufed an Oratory to be built to the Honour of all the 
 Saints \ where having alTembled together all the Relicks that he could 
 colled in the whole World, he order'd three Monks of St. Peter''s 
 Church to fay a Mais to their Honour, by adding to thele lafl Words 
 of the Canon, and of all the Saint s, this Claufe, whofe Memory ive this 
 Day celebrate. But this Cardinal obferves at the lame Time that 
 this Addition was only for this Oratory j and indeed it is not to be 
 found in the Canon which is commonly read in the Church. Ne- 
 verthelefs the Canon of the Mafs could not be always lb uniform as 
 this illuflrious Prelate pretended, becaule he tells us himlelf, that a- 
 ioyiaubifHpr. bout the End of the twelfth Century, Pope C^lejlin III. made an 
 p. 74'5« Order in the Synod of I'ork, that the Canon of the Mais fhould be 
 
 revis'd according to an approved Copy, to the end that it might be 
 read every where, in an uniform manner ; yet there are leveral Va- 
 riations in this Canon oblerv'd by the Reformers of Conflance : For 
 inftance, they affirm that this whole Paffage which was then read 
 in it. And by all the Orthodox Believers devoted to the Catholick and 
 Apoflolick See (2), was not in the old Books j and that an able Expofi- 
 tor (3) of the Canon, pretends it ought not to be there. This Pal^ 
 
 (1) In the eighth Century, under Leo (5) This Expofitor is Microlochiu, who 
 ifaui-icm, an Enemy to Images. in the eleveiitli Century wrote a Treatife 
 
 (2) E* omnibus Orthodoxit Catiolicx & de Mi^ilrite celebranda. 
 til^ofiolic.v fedif cuUoribus. 
 
 lage
 
 The H'tjlory of the Council i9/Constanci^. 3^3 
 
 lage is ftill read at this Day, except that the Word Faith is meii- 
 tion'd in tlie room of Sec. The Reformers obferve alio, that in the 
 ancient Books, after thele Words, for thofe 'who are prefent^ tvhofe 
 Faith and Devotion is known to yoti^ only thele were read, who offer jott 
 this Sacrifice i whereas it was laid in the Moderns, for whom we of- 
 fer up, or who offer tip unto you. So it is alio read at this Day. They 
 oblcrve another Variation, wz. That Ibme Priefts pronounced 
 thele U'ords, As often as you do this, before the Elevation of the 
 Chalice, as if they belong'd to Conlecration ; whereas others did not 
 pronounce them till after they had let the Chalice down. They alio 
 obferve Ibme other Alterations, which, tho' of no Importance, do 
 however prove the Difference. The Reforming College orders a cer- ^ <^- tJardt, 
 tain Form which it prefcribes, to be adher'd to, ot which I only ^ '• P- /j^s 
 find the firft AVords, or elfe the Rornifl) Copy (i). ^ 
 
 LXII. The great number of Holidays was another Abule that was AbufeofFe- 
 openly complain'd of at that Time. The Complaints of Henry of Hejfe ^y^^^ prohi-* 
 upon this Head, have been already obferv'd. Peter d' Allli alio ex- "* ' 
 prefs'd himfelf very fharply upon it in his Treatife of Reformation, 
 as well as upon the great Number of Images and Paintings in the 
 Churches. * Excepting Sundays, and the Great Feftivals inftltuted Gerf. T. If. 
 
 * by the Church, People ought to be allow'd, lays he, to work upon p- 91° 
 
 * Holidays after Divine Service, as well by Realbn of the Debau- 
 ' cherics and Enormicies in which the Generality of People indulge 
 
 * themtelves on thole Days, as out of Regard to labouring Men, 
 
 * wlio have need of all the Time they breathe in, to get their Live- 
 
 ' llhood'. It appears by the Sermon which Gerfon preach'd at the G«r/: T nil 
 Council, upon the Nativity of the Firgm, that he v/as of the lame p. 1558^- 
 Sentlments in this Refpeft. But no Man explaln'd himfelf more co- 
 ploufly and ftrenuoufly upon the Abule of Feftivals than Nicholas 
 Clemangis (2), In a Treatile which he compos'd for the very purpofe, 
 
 (1) As to the Canon of the Ma(s, fee Gregory the Kyrie Eleifin ; or Lord have 
 
 Bibliotb. del Veres, Tom. X. the Para Ed iti- Mercy upon us. Telefphonis the Gloria in- 
 
 on in 1644. p. 697, 739. I20i5, and Pla- Exceljts, or Glory be to God on High ; 
 
 tina in the Life of Sixim I. This Pope, Gelajitis I. the Co! lefts {Collationes) St. ye- 
 
 fays I>/.i/;»rf, order'd, thatat the Celebra- roOTe the Epiftle and Golpel. The Halle- 
 
 tion of the Mafs they fhould ling SanBui lujali was taken from the Church at J'^ra- 
 
 Santius Detii Sahaot. This Office or Ser- falem, and the Creed from the Council 
 
 vice was very plain {Schiettanie-»ie, fays of N/Ve ; PfAi^^w invented the Comniemo— 
 
 the Italian Tranflator of Platin.t, that is ration of the Dead ; Leo III. the Incenfe y 
 
 to fay, pure, fincere, and unmix'd) at Innoent I. the kiiUng of tiie Pax ; and 
 
 firft, and every Part of it was fimple. Ser^r.us oidt\\\thi Aptius Deito hz{\in^. 
 When St. Pe/er celebrated, he only faid {:.;Ckman. de ncvis Cclcbritaiibus non in- 
 
 the Lord's Prayer, St. ^/rw" Bifhop of ^e- fiituendis TraB. p. 143. We may fee Ex>- 
 
 vufalem amplified the Myfteries, as did St. trafts of it in M, Dttjh'i Biblioiljeqa^: T». 
 
 Birjil and others. For Cdefiin inftituted XIJL p. 81, 
 the iDtroite ot Beginning of the Mafi ;. 
 
 2, 'snd.
 
 3&4. 77?^ Hipry of the Council f/ C o n s t a n c e: 
 
 and which is really worthy to be read, and even to be tranflated into the 
 vulgar Tongue, for the Advantage of Chriftendom. 'the Reforming 
 College is for the al/oHfiing of all Yeflii-ah ivhich are not infiitutecl by the 
 old Laiv, and by the Decrees of the Fathers, efpecially the infa-ior Holy- 
 day Sy and particularly thofe in the Summer-tiriie, ivhen there's a NeceJJity 
 V i. vardi, to lay up Provifions for the fflnter^ becaufe thofe Days -were generally 
 T. I. p. -,Y^ffpsnt in Tipplir.g-houfes and ether Places of Debauchery, in Gaming, Dancings 
 jS4- Drinking, Sivearing, Blajpheniing the facred Name of God, ftgJningfome- 
 
 tirnes, even to the conrmitting of Murder, Robbing, Plundering, and in 
 port, all manner of infamous Lenvdnefs. But in order to fhew that it 
 was not out of any Difreipect to the Saints that the Reformers had 
 made this Regulation, they order that thole Days may be kept Holy 
 by the Laity till Mafs is over, after which every one may follow his 
 Employment > and that the Clergy fhall folemnize them all Day in 
 the Church, at the uilial Hours. But the Feftival of the Pairon of 
 the Church is excepted, which ought to be celebrated all Day, as 
 ufiial. Mean time they gain'd little by this Regulation^ Gerfon 
 himfelf, in the Sermon wherein he finds Fault with the Introdutlion 
 of new Feftivals, made a Propolal to the Council to inftitute one in 
 Strf. uli fupr. favour of St. Jofeph's Virginity. The Council of Ba/ll contirm'd the 
 £>»^?»T.XII. Feftival of the Fifitation of the Virgin, inflituted by Boniface IX, and 
 p. 6 1, & 125. a Council at Cologn inftituted the Feftival of the Compajfon of the 
 Virgin. 
 
 The Reforming College mofl feverely condemns the Prophanation 
 of the Day of the Nativity of our Lord. Some of the Laity and the 
 Clergy too ufed to fpend the Night before that Feftival, and a great 
 Part of the Day in Gaming with Dice (i). And if there be no 
 Miftake in the Text, they play'd there in the Name of Jefus Chrift, 
 and in the Name of the Virgin. 'Tis order'd that if a Clergyman 
 be guilty of this horrible Impiety, he Ihall be condemn'd not to cele- 
 brate the Divine Office, nor to beprefent at it, for fix Months; and 
 if a I^ayman, he fhall not enter the Church for fix Months. 
 Relicks for- LXIII. Aftek. the fiiperftitious Worihip of Relicks was intro- 
 bid to be ex- duced, the Monks took Advantage of the Credulity of the People, to 
 pos'd in pub- j^jjj^g j-}^ejf Pockets pay for it, by expofing thole Relicks in Church- 
 DupmT.T^ yards and the publick Squares. This Abule had been condemn'd a 
 5.224. ' great while; I find that a Synod at Poicliers, which was held in noo, 
 forbad the Pulpit to fuch of the Clergy as carry 'd Relicks about to 
 get Money by them. The fourth Lateran Council, which was held 
 in 1415, prohibited the fame Abufe, which neverthelels was very 
 
 {1) §ujd/!m fatrapx Diaholi alfer.fijfima ne puerferx blafphemanfur. Perhaps it 
 dr molejiijfima inUrttione ludunt r.d taxiUot flvould be read nomifa, 
 wmine altijpmi ejufdem (.i. e. Chrijii) nomi- 
 
 2 much
 
 The Hijiory of the Council <?/ C o n s t a n c e. 3S5 
 
 much increafed in the following Ages. The Reforming College for- 
 bids all Clergy, on Pain of Excommunication, ipfo faUo^ to expoie the 
 Relicks except in the Churches and Monafteries, where it permits 
 them to do it. 
 
 LXIV. Indulgencies were at firfl: invented by the Popes, un- Preachers of 
 der pious Pretexts, fuch as recovering the Holy Land, the vifiting Indu'gencies 
 ot the Holy Sepulchre and Sacred Places, I3c. They afterwards °' p^gf^y"" 
 found it a good Handle for raiflng immenfe Sums from all Parts, 
 and they fill'd the VV^orld with Collectors, who of their own Autho- 
 rity granted InduJgencics for all manner of Sins, gave Abfolution for 
 Murder, Perjury, Robbery and the like Crimes, dilpenfed with Chri- 
 ftians for not keeping their Vows, boafted the Power of drawing 
 Souls out of Purgatory, and granted the Remiflion of Sin and Pu- 
 nifhment to their Benefaiiors, to the great Scandal of the Church, 
 and the Ruin of the Publick. Innocent III. had endeavour'd in vain, DupinT.Xl, 
 to reform this Abule at the fourth Lateian Council, by forbidding p. m, liS, 
 thele CoUeClors to be receiv'd, if they had not a Licence from the ^-9- 
 Pope, of which a Form was drawn up in this Council. In ii5v the 
 Archbiihop of Bonrdeaux forbid the Priefts and Curates in a Synod, 
 to receive the Colleilors without his Order, or witiiout that of the 
 Holy See. The lame Prohibition was renew'd three Years after in a 
 Synod at Montpellier^ und ^nno 1279, i" a Council zt Buda. In i;6o, D«/i/»T. XL 
 I find a Conftitution againfl: thole Collectors, by the Archbifhop o'iCologtu P- i=4- 
 In 1 5 1 2. Clement V. made a very levere one upon the fame Subjeft at the 
 Council of Vienne^ by which he orders the Bifhops to examine the Let- 
 ters which thole Collectors produce as from the Holy See, and to punilh 
 thofe who fhall exceed their Licence ^ and he revokes all the Privileges that 
 had been granted them in Time paft. Neverthelefs the Diforder in- 
 creaftd fo much during the Schifm that it was become intolerable, 
 as is obfervable from feveral Paflages in this Hiftory. Gerfon did not <;«•/. T. -I- 
 fpare thofe Impoflors, who, to lucceed the better in their Traffick, p- 17- 
 prefum'd to counterfeit Miracles, to make Relicks, and to forge Let- 
 ters ; and Peter d" Jilli was for having them abfolutely forbid the Pul- 
 pit. The Reforming College conlidering that this Abule cannot but <;«•/ T. II. 
 end in the Damnation of Souls, the Ruin of the Laity, and theDil- p- 911- 
 honour of the Eccleliaftical State, which is thereby render'd con- j. ^ jj^^^ 
 temptil/le zndridiculous, revokes all Indulgences and Privileges in gene- T. i. p. -^'z^ 
 ral, granted during the Schifm, and even fince the Conftitution of 753. 
 Clement V. The Council of T^rent was more llvere to them, for it Council of 
 abolilh'd both the Name and Office of thefe Colleitors, tho' it had rieKtSdLzu 
 been better if they had done it a little Iboner. 
 
 LXV. The laft General Regulation relates to the Treatment necef- Regulation 
 liiry to be given to the Jews, in order to facilitate their Converfion. concerning 
 The Annals are full of the Cruelties which the Chrillians have exercifcd '"^ J*^^ ' 
 
 Vol. 11. C c c upon
 
 ^B6 The Hijiory of the Council of Constance. 
 
 upon them, under Pretence of converting themi which liirely Is no 
 Reputation to the Chriftians, who would have done better to have 
 follow'd the Example of Jeliis Chrift, who pray'd for them, tho' 
 they had been guilty of his Death. The Pagans themlelves will rile 
 in Judgment againfl: the Chriftians, becaufe the former made an Alli- 
 ance with the Jews, and permitted them the free Exercile of their 
 L'b^xiv"^ Religion. Here I fliall not Ipeak of the Laws we meet with againft 
 At 8. ^ ^^" J^^'^ ^" ^'^ "Theodofian Code, for which, perhaps, there were par- 
 ticular Realbns, and belides Princes may do what they pleafe in their 
 own Dominions. I only fpeak of the Ads of Cruelty and Injuftice with 
 which they have been treated from Age to Age, in Hatred of their 
 Religion, and under Colour of converting them. Plat'ma fays in the 
 Life of Pope Deus-Deditj that Sifebuth, King of the Goihs^ forc'd all 
 the jews of his Kingdom to embrace the Chriftian Religion, by a 
 thoLiland cruel Tortures, becaufe it had been prophefied to him, that 
 he ought to beware of the Circumcifed. Nevevthelcfs , that Hifto- 
 rian obferves, he did not efcape his Dejliny., becaufe be -was opprefi'd by 
 the Sarazens, "who obfer"jc Circumcifion. Inftead of contenting themfelves 
 with punilhing the Guilty, when their falfe Zeal put them upon en- 
 terprizing any Thing againft the Chriftians, as 'tis pretended was fre- 
 quently the Cafe^ inftead of this, I lay, imaginary Crimes were char- 
 ged upon them to give Colour for taking away their Eftates, and 
 putting them to the Sword. 
 
 This Juftice, however, muft be done to feveral Councils, and to 
 
 feveral Popes, that they made good Ordinances againft thofe Afl:s of 
 
 Tstcttu Dift. Cruelty and Injuftice, and to reftrain the popular Rage againft the 
 
 4.4.. 3 ann. Jews. In the Body of the Canon Law there's a Letter from Gregory 
 
 ^oz. ji-g Qycat to the Bilhop of NapleSy m which that Pope exhorts the 
 
 Prelate to give the Jews Liberty of Confcience, and to win them by 
 
 Council Dift. good Ufiige. The fourth Council of Toledo forbids all Methods of 
 
 IV Can. 57. Violence and Compuliicn to convert them, tho' in other Refpefts 
 
 ann. 659. ^.j^j^ ^^Q^ncil did not fhew them much Favour. The fixteenth Coun- 
 
 gp,. ' ell of the fame Place, exempted the Jews that were Converts, from 
 
 D«^;»T. IX. paying Tribute to the Exchequer. In the eleventh Century, Pope 
 
 p- 51- Alexander II. forbad the Bilhops of Spain to put the Jews to Death 
 
 ^cretal V. ^^^ account of their Religion. Alexander III. made fome Laws alio 
 
 It. .cap 4, .^ j.j^^j^ Favour. In 1190, Clement 111, forbad the compelling of them 
 
 to be baptis'd, the punifhing of them without Form of Law, the taking 
 
 away of their Eftates, the Violation of their Ccemeteries, and the 
 
 > digsjing up of their dead Bodies. 
 
 Cav.fi'fi.Lh. The Popular Rage againft the Jews broke out again in the thir- 
 
 p- 185- tecnth and following Centuries. In 1290, they were drove out of 
 
 England-^ in 1295, out of France \ and from ibme Farts of Germany 
 
 cLm' 'Jrili ''^ i25^8. However, they came again into Trance \ for I find themba- 
 
 3 nilhed 
 
 '%.
 
 The Hiflory of the Council of Constance. 3S7 
 
 niflicd out of that Kingdom for the feventh Time, about the End of 
 the fourteenth Century. In 1337, tJiey were cruelly treated in feve- 
 ral Towns of Bavaria^ upon a Charge of having rcfoly'd on aConfpi- 
 racy againll the Chriftians. There was no Pretence omitted to ruin 
 them, "and to Icizc their Kfl:ates. The Popes, Innocent III. and Cle- 
 ment V, had granted Bulls to call the Jewilh Ufurers to Account, 
 and to oblige theni to refund to the Chriftians the Intereft of the 
 Sums of Money which the latter borrow'd of "cm. Under this 
 Pretence, they were continually dragg'd before the Tribunals \ the 
 Bunds they had in their Cuftody were torn in Pieces ; in a word, 
 they were harrafs d with athoufand Suits, and a thoufj.nd Oppreffions. 
 Keverthelels, in 1559, I find a Mandate of the Biflwp of Spires, for- 
 bidding the JVlagiftrates to moleft the Jews for Ullny. There's a Ma- 
 nufcript at Leipfic which fays, that a vaft Number of Jews wasmal- 
 lacred at Prague, upon Eafler-Day in i;8p. In 1407, they were Dlu^^ofi Kljt. 
 cruelly maliacred at Cracoiv , in a popular Tumult, having been ro/. L. X. p. 
 acculed of putting a Chrillian Infant to Death. This is a Crime ^S;. 
 with which they were often charg'd, and which they Ibmctims con- 
 fefs'd, tho' wliether it was true, or whether they were forc'd by Tor- 
 ture to betray their Innocence, is a QuelHon. It was altogether as 
 common to accufe them of ftealingor buying conftcrated Wafers, ?.nd 
 then breaking or cutting them to Pieces, to inliilt Jefus Chrift. I'he thtur Apf. 
 Annalifts o^Brandebourg do all agree in the Story of a confecrated Wafer, ""^ P'*/'^ t""i- 
 which a Chriftian, at the Beginning of the fixceenth Century, fold to a """■ '5'°- 
 Jew, who having fVabb'd it. Blood ifilied from it. If the Crime be no zaih.n Gjirt- 
 truer than the Miracle, it would have been wrong to put thirty- zen M S. in 
 eight of 'em to Death, who upon this Occafion were executed at -AnhkoReg. 
 Berlin. This General Rage againft the Jews made jE,:cas Sylvius ^kP^'^' 
 lay in his Hiftory of Bohemia, upon Occafion of a Maliacre oi' the j,.l gj^,^^ 
 Jews at Prague, in the fourteenth Century, that there is nothing more Cap. 34. 
 deplorable than the Condition of the 'Jeijjs among the Chriftians. uis foon 
 as they are [apposed to he rich, they are not only plunder d, but their Lives 
 are taken a-zuay, on Pretence that they defpife the Chriftian Religion and 
 make a Mock of 'Jefus Chrift. 
 
 It v;ere really much better not to fuffer the Jew? at all, than to 
 grant them a Toleration that is enfnaring ; or to employ them in cul- 
 tivating the Lands and exercifing Handicrafts, than to lay Traps for 
 them, by borrowing Money of them upon Bonds carrying Intereft, 
 and then make that a Handle ibr fuing them at Law. That was 
 the Opinion of two celebrated Doctors at that Time, viz. Henry of 
 Heffe and Peter d'Jilli ; the firft, in his Council of Peace ^ the lecond, 
 in his Trcatile of the Reformation ^ who both exprels themfelves on 
 the Subjeft, in a Manner fo like one another, that Peter d'Jilli leems 
 
 C c c a to
 
 3&3 The Hijiory of the Council of Co n stance. 
 
 uajfiac af. to have copy'd Henry of Heffe. JVhy^ lays Henry of Hejfe, are not the 
 Gerf. T. II. converted Jezus charitably relieved out of their EJlateSj to prevent their turn- 
 P- ^"y'' j„g jpoflates from pure Neceffityj and accuftng the Chrifliam of Cruelty? 
 
 And ivhy are not the Jews forbid to^divell among the Chriflians^ unlefs it 
 be to gain their Livelihood, either by ferving the Chriflians, or by tilling the 
 Ground, or by ivorking in Handicrafts, in/lead of pra6iiftng Ufiiry, to 
 the wounding of their oivn Confciences, and the Ruin of the Chrijlians. 
 But Peter d'Jilli exprefies himfelf upon the Subje£l with more Frank- 
 nefs and Candor, for he is ablbhitely for leaving (i) the converted 
 Jews entire Matters of their Eftates j whereas Henry of He//e is only 
 for allowing them a Part thereof j and this from a Principle of 
 Charity. 
 
 However it be, the Regulation of the Reforming Colleg^e at Con- 
 Jiance is not very extenfive in regard to the Jews. It only iays, that 
 when a Jew is dilpos'd to be converted, he fhall be obllg'd to deliver 
 up but one Half of his Real and Perfonal Eftate, as Reftitution of 
 the Ufiiry taken from the Chriftians ^ and that he Ihall be allow'd tlie 
 other Half out of Charity, for the Maintenance of Himfelf and Fa- 
 mily. I will here infert the Decree in Latin, and leave the Reader 
 to make his own Reflexions upon the CouncIFs Jurllprudence. 
 *' ^>*^t'- ^tiin, lit expertum eji, quamplurimi Jud^i utriufque fexus homines, 
 per. Ufuram acquifita refiituere metuentes, ad Chriflianifmtim fufcipiendurit 
 alias fatis inclinati, feorftm abierunt, in fua perfidia tanquam defperati 
 remanentes. Ideb hac Synodus facrofanRa decernit (^ ordinat, quod Ju- 
 d^us ad Fidem Catholicam venire "volens, non nifi in quantum medietas e^ 
 jus fiibflantia, tarn in mobilibus quam immobilihus fe extendit, eisaquibus 
 - ufuras, fi fuperftnt, recepit, alioquin haredibiis fecundum proportionem Ufw- 
 
 rarum receptarum, refiituere teneatiir; reliquamedietatefibi, i^fuisliheris 
 abfque mendicitate educandis in modum eleemofyna, m'tfericorditer derelic 
 ta (2). i- e. Becaufe it has been found by Experience that a great 
 many Jews of both Sexes, well enough inclin'd to embrace Chrlftianityj 
 were it not for fsar of reftoring v/hat they have acquired by Ufury, 
 
 , (1) Ittm ut yudMrum converfcriim bona Examples many others might be added,, 
 
 ffow rapiaxt, fed ad wta neceplatem eis which M. des VignoUs has collefted in his 
 
 pjftdere fermittant, ne egefiate ccmpulfi a- Hi fiery of the City of Erandebourg^ which is 
 
 foftatent, &> CbrifHanos impietaiis arguant, yet in MS. 'Twas this learned Friend 
 
 Alliac. apGerf T.II. p. 915. gave me the Account of the confccrared 
 
 (2) This Article was finish 'd long be- VS'afer at Brandeheurg. There are many 
 
 fore I read the Vth Tome of the excel- other Inftaiices of the Maflacres of the 
 
 fcnt Hiftory of the Jews, by M. Bafna^e, Jews in Germany, in the firlt Tome of 
 
 in which I found a great many Inftances the Hiftory of Mer.tz, by Serrarim, which 
 
 of the real or pretended Crimes of the was reprinted in 1722, by the Care, 
 
 Jews, and of the Perfecutions they fuf- and with the Learned Notes of Ceorgt 
 
 Kf'd upon that Occafion. And to thofe Cbrifiian J*ba. 
 
 have.
 
 The Hijlory of the Council <?/ C o n s t a n c e. 589 
 
 have gone aftray, and remain harden'd as it were in their Perfidiouf- 
 nefs. Therefore this Sacred Synod decrees and commands, that every 
 Jew willing to embrace the Catholick Faith, fhall not be obhg'd to make 
 over above half of his Eftate, Real or Perlonal, by way of Keftitution 
 to fuch as he has receiv'd Interefl from, if they are living, or elic 
 to his Heirs, in Proportion to the Ule he has receiv'd j and that the 
 other Moiety be mercifully left by way of Charity, for himfelf and 
 for the educating of his Children without Beggary. 
 
 LXVI. These were almoft all the Regulations of the Reforming Conclufonof 
 College. Perhaps fbme may have elcap'd me, and fome others I omit- ^'^'* Hiftory, 
 ted purpofely, either becaute I did not think them of fufficient Impor- 
 tance, or becaufe I underilood them not. But I have given enough 
 to enable the Reader to judge of the Intention of the Fathers of the 
 Council, with regard to the Reformation. If the Reformers had not 
 been cramp'd, 'tis not to be doubted but they would have carry'd it 
 much farther than they did. But many of them being both Judges 
 and Parties in this Affair, it is naturally to be imagin'd that the well 
 dilpos'd had their Hands bound up, and that they were fain to treat 
 the Matter with a world of Circumfpeftion. The Publick however 
 would have had fbme Pleadire, if in fo general a Corruption thole 
 fmall Effays could have been put in Execution \ but we have ittw 
 in this Hiftory how 'itv4 of the Articles of a Projeft, which was 
 already but too much circumfcrib'd. Pope Martin V. thought fit to 
 approve. 
 
 But how great an Idea foever we may have" of Councils, they who 
 are moft prepoffels'd in their Flavour muft own, that fiich is the F'ate 
 even of the bell: regulated humane Aficmblies, that they never do any 
 thing but very imperfeftly. If AlTemblies of this Nature only did 
 what is in their Power, they could not be blam'd ^ and it would be 
 wrong to demand a Thing of 'em ^o impoffible as it is to pleafe all' 
 the World. Several preceding Councils had attempted the lame Projeft 
 of Reformation, but with lefs Succels, and thofe which follow'd that of 
 Conjlance had not much better, as may perhaps be fiiewn one Day 
 or other, with regard to the Council of 5.-?//. It was publickly com-- * V\ 
 
 piain'd at 7;t«/, that the Council bufy'd itfelf only in the redrelling 
 of trifling Abufes, inftead of attending to thole that were of the great- 
 eft Importance. This is what the King oi' France did not fail to DapmBMim: 
 take Notice of, in a Letter he wrote to that Council. * Let them «'^' Ant.Ei:d,\ 
 " confider, fays he, fpcaking of thofe who were for amufing the T.IY.p.284.: 
 ' World with a flight Retormation, what was the Service of" that 
 *- trifiing Reformation which was made in the Council of Con- 
 * Jlance, and m it other, fomewhat more rigid one, that was made in • 
 '■the follovfing Councilj which I don't care to name, for fear of of- 
 
 3j 
 
 • feeding .
 
 S90 
 
 The Hijlory of the Council (?/ C o N s T a n c e. 
 
 * fending (i). Be it as it will, 'tis nfeful for Pofterity to know 
 the Good and Bad of Human i^lfairs, in order to profit by ir, which 
 is all that I have aim'd at in this Hiftory, wherein I have not diP 
 guifed either the one or the other. 
 
 (i) The Councils of C«»^<iwe and Brf/J/, that thofe Councils were (b detefted at 
 
 efpecially the laft, were very hateful to Ronie^ that it was dangerous fo mucli as 
 
 thole Prelates of nrf«#, who efpoufed tlie> to mention them; which is what the moft 
 
 Iniercft of the Pope. Father Paul fays, Chriftian King's Letter alludes to. 
 
 7he ENT) of the Seventh and Lafi Book of the 
 Hifiory of the Council of Constance. 
 
 A LIST
 
 A L I S T of the 
 
 Members of the Council, 
 
 ANDOFTHE 
 
 Oihcr Foreigners who were then at Confiance. 
 
 By GEBHJRD D J CHER (i). 
 
 POPE 
 OHN XXIII with 600 
 Perlbns in his Retinue. 
 Neither Gregory XII, 
 nor BenccliB\Wi were 
 prefent, but tJiey were 
 
 reprefented by their Legates, viz. 
 
 Gn^ory XII, by Job^, Patriarch 
 
 of Conjlantinopky and the Cardinal 
 of Ragiifa, hereafter mention'd in 
 this Lift ; and Benedict XIII, by 
 JohK, Bifhop o'l Camcraco in jirra- 
 gon-f John Didacus de Frentfalida, 
 and four Doftors of Law, with 4^ 
 Perlbns in their Train. 
 
 (i) He is mentioned in the Preface. 
 
 P A T R I-
 
 392 
 
 L 1ST of the Members 
 
 PATRIARCHS (,). 
 
 1. yOIfN, Patriarch of Co«- 
 Jldntinopk, of the Frsnch Nation, 
 with 7, > PerJbns. 
 
 2. JO HN^ Patriarch of Gya- 
 dOf Venice-, Damafcus and Jerufa- 
 km, with 2o Perlbns. 
 
 3 . JOHN, J^ati iarch o'lJntmh, 
 of the French Nation, with 35 
 Perfons. 
 
 To this lift we may add 
 LEWIS IDukQde Dekk, Patri- 
 arch of ^quilejah, wlio deputed a 
 Duke and a BiAop liither, with 
 40 Peribns in their Retinue. 
 
 CARDINALS. 
 
 1. JOHN (Je BROGNI) 
 Bifliop of Ofiia, Cardinal de Fi- 
 'vierSf and Vice-Chancellor of the 
 Roman Church, with So Perlbns 
 in his Train. See his Charader 
 in this Hiftory, Vol. I. p. i y, 
 
 2. JORDAN {des URSINS) 
 Cardinal of Albd, Grand Peniten- 
 tiary of the Church of Rome, with 
 40 Perfons. See the Lift of the 
 Council of Pifay and this Hiftory, 
 Vol. I. p. 51, 158. 
 
 3. FR/INCIS (de LAND O) 
 a Patriarch of Venice^ Cardinal 
 Prieft of the Title of St. Croix, 
 created by John XXIII, and af- 
 terwards created Cardinal of St. 
 Sahina, by Martin V ; with a Re- 
 tinue of 3 5 Perfons. He was Pa- 
 triarch of Gr^^^o in 1408, and was 
 prefent at the Council of Pifa. 
 He dy'd at Rome in 1427. 
 
 4. ANGELO {de ANNA) 
 de HAUTE RIFE, a Monk 
 
 of CnmaJdoU, commonly call'd de 
 Lodi, (not that he was a JBiihop 
 of that City, as lie is call'd in the 
 Lilt of thef Council of Pifa, by a 
 Miftake, copy d Pom Ciacoraus-, 
 but becaufe he was a Nhcive of it) 
 with 4S Perfons. He was made 
 Cardinal Deaccn of St. Lucia., by 
 Urban VI, afterwards Cardinal 
 Prieft, with the Tide of St. Pu- 
 denciana, by Boniface IX j and 
 iaftly, Cnrdiiidl Biii.op of Palef- 
 frina, by John XXIil He aflift- 
 ed at the Ele£Hon of fix Popes, 
 "jiz. Boniface IX, Innocent VII, 
 Alexander V, at the Council of 
 Pifa \ and afterwards of John 
 XXIII, Martin V ; and, as CiacO' 
 musfriys, of Eugenius IV. He dy'd 
 zt Rome in 14^8, in a very great 
 Age, after having been 40 Years a 
 Cardinal. 
 
 5. L UC I DO ox L UC 10 de 
 CO MITIBUS (deCONTl} 
 Cardinal Deacon of St. Mary in 
 Cofmedin, with a Retinue of 32 
 Perfons. His Father, who was a 
 Nobleman of Rcme, was calfd 
 Ildebrandin, or Aldebrandin. He 
 gave his Vote for Martin V, who 
 in gratitude pardon'd lUUbrandin 
 and his Sons, who had lerv'd a- 
 gainft the Church of Rome, pro- 
 bably under Laudijlaus. This Pope 
 being forced to raile an Army 
 againft the Bolognefc who had 
 rebeil'd, fent Lucido Legate to Bo- 
 logna, who obliged that City to re- 
 turn to the Obedience of the 
 Church. He dy'd therein 1437. 
 
 6. AMADEUS, Marquis de 
 Saluces, by Birth an Italian ; Car- 
 
 (01 go according to my Lift, which puts the Patriarchs before the Cardinals. 
 
 dinal 
 
 *^.
 
 of the Council <?/ Constance. 
 
 \n 
 
 dinal Deacon of St. Maria Nova^ 
 one of Clement Vllch's Creation ; 
 with 42 Perfbns. After the Death 
 of this Pope, or Anti-pope, he ad- 
 her'd to Beriedi£l XIII, whom ]ie 
 afterwards abandon'd, and gave 
 his Vote for Alexander V. at the 
 Council of Pif3. After the Coun- 
 cil of Conflance, he follow'd Mar- 
 tin \. to Florence^ where in 1419. 
 he dy'd. See the Hiftory of the 
 Council of Pifa., Tom. I. p. 11 7. 
 
 7. FRANCIS ZABARELLA, 
 call'd the Cardinal of Florence, who 
 came with 48 Perfbns in his Re- 
 tinue j dy'd At Conjiance. He has 
 been fo often mention'd in this 
 Hiftory, that 'tis needlefs to fay 
 more o liim. 
 
 8. LElVISdeFLISCO {de 
 FIES^UE) a noble Gerwefe, 
 Cardinal with the Title of St. Adri- 
 an^ created by Urban VI ; with 
 a Train of 40 Perfbns. Urban VI, 
 according to the Report of Cia- 
 conitts being befieg'd in Noccra by 
 Charles de Diiras (i), this Car- 
 dinal deliver'd him by means of 
 the Galleys of James de Fiefque, 
 Archbilhop of Genoa. After the 
 Death of Urban he adjier'd to 
 Boniface IX, who made him Le- 
 gate and Governor in Carnpagna di 
 Roma, in the Ifle de Maretano (2). 
 Boniface IX dying, Leivis de Fiefqtie 
 abandon'd Innocent VII. his Suc- 
 ceflbr, and join'd to BenediSI XIII, 
 who reftor'd him to his Dignity 
 of Cardinal at Avignon, of wiiicln 
 Innocent had depriv'd him. After 
 this, Lewis and his Collcgues a- 
 
 bandoning Benedid XIII, afTift- 
 ed at the Council of Pija, in the 
 Eledion of Alexander V, and after- 
 wards at the EleQion of John 
 XXIII, wlio made him Legate of 
 Colugn, RomandioLi and Ferrara. 
 And to conclude, Martin V. fent 
 him Legate to the Kingdom of Si- 
 cily. He dy'd at Rome in 1423. 
 
 y. ANTONIO iPANCERIN) 
 Cardinal, with the Title of Sc. 
 Sufanna, created by John XXIII ; 
 with 56 Perfbns in his Retinue. He 
 was firft Bifhop of Concordia, and 
 afterwards Patriarch of Aquileja in 
 the Reign of Boniface IX, but fal- 
 ling out with Gregory XII, the 
 latter depriv'd him of his Patri- 
 archate and gave it to Antonio du 
 Pont, a noble Venetian. Pancerin 
 by this Difgrace was reduced to 
 Beggary, till at iaft John XXIII^ 
 reftor'd him to his Honours, 
 and made him a Cardinal. He 
 dy\l in 143;, after having afllft- 
 ed at the Eleflion of MartinV, 
 and Eugene IV. 
 
 ic. PEfER {STEPHANES- 
 ^E) of Flanibal, of a noble Fa- 
 mily in Rome, Cardinal Deacon of 
 St. Angela, created by InnocentYYl; 
 with 50 Perfons in his Train. 
 When Gregory XII. remov'd from 
 Rome to Savanna he left tliis Car- 
 dinal his Legate there, with So- 
 veraign Authority, which Ibme 
 fay he abufed, by delivering up 
 Rome to Landi flans King of Na- 
 ples ; but others pretend he did it 
 in Concert with Gregory XII, who 
 chole to betray Rome, rather than 
 
 (i) See the Hiftoiy of tlic Council of (2) Afmall Ifland of t]\e Mfditerratiean, 
 Pi/a, T. I. p. 45, 46. toward tlie Weft Point of Sicily. 
 
 Vol. II. D d d to
 
 3H 
 
 A LIST of the Mempers' 
 
 to yield the Pontificate to John 
 XXIII (i). He was a great Fa- 
 vourite with Alexander V, and al- 
 fo with John XXIII, who confti- 
 tiited him liis Legate in the King- 
 dom of Naples : And when this 
 Pope went to the Council of Con- 
 fianccj he eftabhflied him his Le- 
 gate, and Vicar-General at Rome, 
 and over all the Eccleiiaftical State, 
 as appears by this Inlcrpition, 
 JOANNES Epifcoptis, Servus 
 fervormn Dei, i^c. DileBo Filio 
 Petro Diacono Cardinali , ^c in 
 alma Urbe, ejufdeni Comitatu, Ter- 
 ritorio, ac DiJiriBu, ejufque Pro- 
 vinciis Campania, Maritime, Sa- 
 hn^y Patritnonii B. Petri in 'Tuf- 
 cia DucatHs Spoletani, Marcha An- 
 conltance Prafidatus Farfenfis; nee 
 non Civitatibus, (^ terris fpecialis 
 Commijp.onis Arnulphorum pro nobis, 
 y eadem Ec cleft a cum plurima potef- 
 tate Legati de Latere in fpirltualihus 
 t^jemporalibus gemrcili Ficario. Da- 
 turn Bononix VII. Kal. Decembris 
 Pontificatus nojlri Anno quarto {^). 
 Neverthelefs, it appears by thisLift, 
 that he was at the Council of Con- 
 fiance : And fome Autliors fay that 
 he was lent by the Council to Fin- 
 cent Ferrier, who was then in Bur- 
 gundy, to confult him on certain 
 Affairs of Importance. Be this 
 as it will, he dy'd at Rome in 
 141 7. 
 
 II. JOHN (a Portuguefe) 
 Cardinal of St. Peieis Bonds, lb 
 created by John XXIII, at the Sol- 
 icitation of the King of Portugal, 
 
 (i) See the Hiftory of the Council of 
 ?//■<«, T. II. p. 53. 
 
 (2) Ciacon. Lives of the Popes, T. II, 
 Ann. i4P4^P- 7^3> 724- 
 
 to whom he was Privy Counfellor ; 
 with 80 Perfbns in his Train. He 
 was Bilhop of Conimbra, and af- 
 terwards Archbiihop of Lisbon. 
 It only appears from this Lift that 
 he was at \.hQ Council oiConJlance:, 
 but he was there a very little 
 while, if it be true, as Ibme Hi- 
 ftorians lay, he dy'd January 23, 
 
 I -.WILLIAMiFILLASfRE) 
 Cardinal Prieft of St. Mark, 16 
 created by John XXIII > with a 
 Retinue of :; 7 Perfons He is fre- 
 quently mention'd in the Hiftory 
 of the Council of Pifa ( ), and in 
 this Hiftory (5). He was lent a 
 CommilTioner, to^a,eth«r with the 
 Cardinal des Urfins,to John XXIII. 
 after his Eicape. Having voted 
 for the Election of Martin V, this 
 Pope fent him with that Car inal 
 to France, to pacify the Commo- 
 tions in that Kingdom. He dy'd. 
 at Rome in 14:8, ALt. 80. 
 
 i^ BRAND A ide CASTEL- 
 LIONFJ) a noble Milanefe, with 
 the Title of St. Clement, created 
 by John'!s,y,.lll; with 40 Perfons 
 in his Retinue. He was calFdthe 
 Cardinal of Placenza, becaufe he 
 had been Bilhop of that City, 
 finding himlelf oblig'd to aban- 
 don the obftinate Gregory W\, the 
 latter depriv'd him of his Digni- 
 ty, and gave it to Bartholomevj 
 Caccia, a Milanefe Dominican. 
 Branda is often mention'd in the- 
 Hiftory of the Council of Pifa (6). 
 He aiffiftedin the Eledion of Alar - 
 
 (3) ciacon. uh. fupr. p. 798. 
 
 (4) T.I. p. T42, 14^.. 155, i5<f. 
 
 (5) T I. p. 104, 105. T. I. p. 73, p£. 
 
 (6) See T. II. p. iz, 55.
 
 of the Council of CoNstakce. 
 
 395 
 
 tin V, at Conflance. A long time 
 after this he was employ'd by £«- 
 gene IV. to reconcile that Pope 
 and Philip-Mary Duke of Milan^ 
 in which he Hiccceded ^ but he had 
 worfe Luck in an Affair which he 
 undertook at Milan : Being Abbat 
 of the Monaftery of St. Ambrofe in 
 that City, Jic cxpell'd the Cifter- 
 tian Monk?, who had been there 
 ever fince the Inftitution of their 
 Order, and put the Carthiifians 
 in their Place. His Delign was to 
 aboiifh the Jinbrofian Ritual at 
 Milan, and to introduce the Ro- 
 man \, but the Milanefe being in- 
 cens'd at this Innovation, had re- 
 courfe to the Duke, who com- 
 manded the Carthitfians to quit the 
 Monaftery of St. Arnbrofe witJi all 
 ipced, en Pain of being burnt 
 alive. The Cardinal not at all 
 daunted, having gain'd the Pro- 
 voft of St. Thccla, who had the 
 jimhro/ian Service in his Cuftody, 
 took it into his own Keeping, and 
 caus'd the Service to be perform''d 
 in the Roman Manner upon Chriji- 
 Wijj-Day. The Milanefe imme- 
 diately ran in a Fury to the Cardi- 
 nal's Palace, with Torches in their 
 Hands, threatening to burn it, and 
 put him to Death, if he did not 
 reftore the Book j upon which the 
 Cardinal threw it out of the Win- 
 dow with Indignation , and next 
 Day decamp'd. He refus'd to be 
 prcicnt at the Council of Bafd, 
 tho' he had often been invited to 
 
 (l) Ciacon.nb.fupr. p Sol, 8o3. 
 (2)T. I. p. 2-,3, ScT. II.p. 7, 8. 
 (5)T. I. p.48, 497- 
 i4) Hiftory of the Council of Fift, 
 
 it, becaufe he did not think ic 
 lawful. He dy'd in 1445, when 
 he was above 90 Years of Age (i). 
 I forgot to obferve that he was 
 lent by Martin V. to Bohemia and 
 Hungary againfi: the HuJJites. 
 
 14. LANDOLPHUS {MA- 
 RA MAUR) Cardinal de Bari -, 
 with 38 Perlons. There is no- 
 thing to be added here to what 
 has been faid of this Cardinal in 
 the Councils of Pi/a (2) and Con- 
 nance C "* \ 
 
 15. or HO (de COLONNA) 
 Cardinal Deacon of St. George au 
 Voile d'or, lb created by Innocent 
 VII, and created Pope at this 
 Council; had so Perlons in his 
 Train. To what has been faid of 
 him in the Hiftories juft now re- 
 fer'd to (<)> nothing is to be ad- 
 ded. 
 
 16. ANTONIO (de CHA- 
 LANT) Cardinal Deacon of St. 
 Mary\r^ Fia lata, )b created by Be- 
 nedi&^lU, and afterwards made a 
 Cardinal Prieft by John XXIII j 
 with 70 Perlons. See his Hiftory, 
 and his Charailer in the Hiftory of 
 the Council oi" Pi/k (s). 
 
 ij. LE IJ'IS {de BA R) whom 
 fbme, by Miftake call Landolph : 
 He was by Beneditl XIII. created 
 Cardinal Deacon of St. Agatha^ 
 and by Alexander V. made Cardi- 
 nal of the Twelve Apoflles •, he 
 had 4s Perlons in his Retinue. It 
 only appears from this Lift that 
 he was prefent at the Council of 
 
 T. II. p. 41, •)!. Hiftory of the Council 
 of Conpance^'T. 11. p. 153, 154, i)?- 
 
 (5) T. II. p. iSi, 282. and this Hif- 
 tory, Vol. I. Book I, Art. VIII, and Book 
 II. Art. XXIV. 
 
 D d d 2 Conjiance^
 
 39^ 
 
 A LI ST of the Members 
 
 Conjlance^ as was obferv'd in this 
 Vol. Book V. Art. 88, where 
 mention is made of his Family 
 and Negotiations, upon the Autho- 
 rity of Ciaconius. He dy'd in 
 14:50, at Ferdun^ of which he was 
 Biihop. 
 
 18. PETER {d^^ILLl^ 
 Cardinal Prieft, by the Title of 
 St. Chryfogonus^ fb created by John 
 XXIII j he had ^ 5 Perfons in his 
 Retinue. To what has been iaid 
 of him in the Hiftoryof the Council 
 of f //^ (i), and in chis Hiftory (2), 
 nothing is to be added here. 
 
 19. yiLJ MAN iAD IMJR) 
 a noble Florentine^ who was crea- 
 ted Cardinal Prieft, with the Title 
 of St. EufcbiuSy by John XXIII j 
 had :^o PerJbns in his Retinue. 
 As to this Prelate, fee the Hi- 
 ftory, of the Council of Pifa (.), 
 and this of the Council of Con- 
 fiance (4). 
 
 SIMONide CRJMAUD-) 
 So call'd, becaufe he was born at 
 a Place of that Name, in the Li- 
 mouftn, was Archbilhop oi RheimSy 
 and afterwards Cardinal Prieft of 
 St Lawrence in Lucina ^ he had 
 4. 1 Perlbns in his Retinue. This 
 Prelate is mention'd leveral times 
 in the Hiftory of the Council of 
 Pifay where there is a large Ac- 
 count of him. It appears from 
 this Lift that he was at the Coun- 
 
 (0 Tom IL p. 5<S. 
 
 (2) Vol. I. Boolcl. Art. 54. 
 
 (O Tom. ir. p. 55. 56- 
 
 (4) Vol. I. Bonk JI Art. 18. Vol. II. 
 Book V. Art. 88. Eo- k VI. Art. 45. 
 
 (j) Ceorpe-ycfpfh Bggt mentions the 
 Year 1414, bur 'lis a Mift.ike ; for the 
 Council did not meet till the Month of 
 
 cil of Confiance \ and tho' I don't 
 remember that he is once men- 
 tion'd in the Afts, yet Ciaconius 
 iaysheharangu'd in it with Learn- 
 ing and Eloquence on the 27th of 
 j4pril\ but he does not tell us the 
 Year (5). George-Jofcph Eggs fays, 
 that in this Speech he declaim'd 
 very much againft the UaJJitei. 
 He was prelent at the Election of 
 Martin V. And from Conjiance 
 he return'd to his Bilhoprick of 
 Poi5liers, where he dy'd in 1429, 
 very much lamented, and in high 
 Reputation for his Piety, but 
 elpecially his Charity to the Poor. 
 
 2 I . tHO MA S C Brancacio ) 
 Nephew of John XXIII, and Car- 
 dinal Prieft of St. John and St. 
 Paulj fo created by that Pope ; 
 had '^8 Pertons in his Retinue. 
 Ciaconius (o) tells us that he dif- 
 honour'd his Family by his wick- 
 ed Behaviour, his Charafter is 
 given in the Hiftory of the Coun- 
 cil of Pifa (1). 
 
 zz.jbHN DOMINICKy 
 Cardinal of Ragufa, with the Ti- 
 tle of St. Croix, was Legace at the 
 Council from Gregory Xil, in Con- 
 junclion with three Titular Bi- 
 Ihops j they had 3 2 Perlbns in 
 their Retinue. As to this Car- 
 dinal, fee the Hiftory of the Coun- 
 cil of Pifa (8), and this Hifto- 
 ry (9)- 
 
 Kovemhcf that Year, Purpur. Dol}. Lib. III. 
 p. 16. 
 
 (6) Ub.fup. p. 805. 
 
 (7) Tom. II. p. 58. 
 
 (S) Tom. I. p 195, 196. 
 (9) Vol. I. Book I. Art. 87. Vol. II, 
 Book VI. towards the End. 
 
 ARCH-
 
 f)f the Council <?/" Constance. 
 
 397 
 
 ARCHBISHOPS. 
 
 T. 70 HN II. de NASSAU^ 
 Archbiilwp of Mentz. As to this 
 Prelate, tee tlie Hiilory of the 
 Council of Pifa, this of the Coun- 
 cil of Conftance, and the Hiftory 
 o'l Mcn'z by Serarius, with the 
 Notes of George-Cbnfi'.an de 'Jear^ 
 T. I. p 70.. He had 352 Per- 
 ibns with liim. 
 
 t. or HO Count de ZIEGEN- 
 HEIM, Provoft of the Chapter of 
 Triers, was at the Council, with 
 ;o Perfons, to reprelent IV E R.- 
 N E R, Co\.mt de KonigPein, Arch- 
 billiop oi' Triers. He was himlelf 
 Archbiiliop of Triers, after the 
 Death of Werner \, and he dy'd 
 
 in 1459' 
 
 3. JOHN de DIESr, a Ca- 
 non of (lulogn, came with : r Per- 
 Ibns, to reprelent THIERRI Count 
 de Meurs, Archbiihop of Cologn. 
 As to this Archbiliiop, lee our ni- 
 ftoty of the Council or Cunftance, 
 Vol'. I. Book IV. Art. 43. 
 
 i. ERREIURD de NUEN- 
 HAUSEN, Archbiihop o'i Saltz- 
 bourg, Legate of the Apoftolical 
 See : with 60 Perfons. He was e- 
 le'ed in Competiticn with ler- 
 thold de IVeching, Biihop of Frifin- 
 gen. He dv'd in 1 '2-. 
 
 s. PI LEO MARINO, Arch- 
 biihop of Genoa: with 12 Perlons. 
 As to this Prelate, fee the Hi- 
 ftory of the Council of Pift (1), 
 and this of Confiance ( ). 
 
 6. JOHN de NANTES, Arch- 
 
 (1) Tom. I. p. 151, 254, 291. 
 
 (2") Vol. I liook II. Art. 96, 59. 
 
 (3) Dotninus Jugufiiriui Ohmucen^s cJ* 
 
 bilhop of Vienne in Dauphiny; with 
 14 Perfons. He was afterwards 
 Archbiihop of Paris, and dy'd iri 
 1427. 
 
 7. JOHN, furnam'd de Prague^ 
 Archbiihop of LitomyJJ'cl in AJora- 
 1-ia; whole Retinue confilted of 
 1 :4 Perlons. He is frequently 
 mcntion'd in the Hiftory of the 
 Council of Conftance, where he 
 was JacobeV?, Accufer. As to this 
 Prelate, I will here add a few 
 Particulars taken from the Cata- 
 logue of the Bilhops of OlmutZy 
 to which John of Prague was tranf- 
 lated from Litomyffcl. The Au- 
 thor of this Catalogue (3) tells us- 
 that JoJjn was thwarted in his E- 
 le:f ion by Winccflam King of Eo' 
 hernia, who, at the Soil-citation 
 of the Huffiles, and of Comad 
 Archbiih )p of Prague, cauled one 
 Alfo to be elected, whov\as a Ca- 
 non of Fifgrade. This Author 
 adds, that John's t'letlicn was con- 
 firmed by the Council oi'Coiiflauce^ 
 and that he was even made a Car- 
 dinal there, tho' I find nothing of 
 it in the Ails ; and tliat finally in 
 142^, he was reftor'd to his See 
 by A fart in V. He dy'd in 1430. 
 But 'tis a Miflake in this Lift to 
 put him down as an Archbiihop, 
 becaule it does not appear from 
 Hiftory that LitomyJJel ever was an 
 Archbiihoprick. 
 
 ! . ANTONIO, Doaor of Phy- 
 fick and Archbiihop of Ragufa in 
 Dalmatia; with 10 Perlons. 
 
 y. JOHN de IFALLENRODy 
 Archbuhop of Riga :, with 1 80 
 
 Briinn'riJIs Bed. Pr.(pcf. ac Regius fupremns 
 Sesretarius, p. S75, S;(S. 
 
 Ferfoiis.
 
 393 
 
 A LIST of the M embers 
 
 'Perfons. As to this Prelate, fee 
 . the Hiftory of the Coiincil of Con- 
 fiance, Vol' 1. Book I. Art. 44. Vol. 
 
 11. Book V. Arc. 75,90. Book VI. 
 Art. 71. 
 
 ic. ANDREW, Archbifhop 
 of Colocza, In LoTcrr Hungary. See 
 this Kiftory VoL I. Book I. Arc. 
 
 12. Vol. 11. Book VI. Arc. 4T. 
 
 11. FRANCIS de CONZIE, 
 Archbilliop di. Narhonm •, with 70 
 Perfons. As to this Prelate, fee 
 the Hiftory of the Council o'iPifa, 
 Tom. I. p. ;^r, where, by the 
 way, it ihould be read Arki in- 
 ftead of Aras. He was not Bi- 
 lliop o'l Aiignon, as is laid in the 
 Lift of the Members of this Coun- 
 cil, but Legate of Avignon for Cle- 
 mentNW. He dy'd in 14^;. S:e 
 alfo this Hiftory, Vol. I. Book IV. 
 Art. 2c, 5^. 
 
 12. NIC HO LAS, ArchbiHiop 
 of Carnitz in Hungary j with three 
 Perlbns. 
 
 13. FRANCIS de tOMA- 
 CELLA, Archbilhop of CuCcn- 
 tin (1), in the Kingdom o^ Na- 
 J>Jes\ with three Perlbns. 
 
 14. PHILIP de BARIL, Arch- 
 bifhop of Capua, in the Kingdom 
 of Naples \ with im Perlbns. He 
 was made Archbilhop by Innocent 
 VII, in i4o^, and dy'd in 14?^. 
 
 15. PETER, Archbiihop of 
 Spalatro, in Dalmatia j with fix 
 Perfons. 
 
 Id. THOMAS : He is here 
 caird Archbilhop of Lucca, tho" 
 this City is no more than a Bi- 
 flioprick. The Reafbn undoubted- 
 ly is, becaufe Pope Alexander II. 
 
 f Tirs fcems to be Coferxtt, au Arch- 
 l ifhop's See. 
 
 granted the Ufe of the Pall, and 
 the Privilege of bearing the Crols 
 in ProceHion, Prerogatives that be- 
 long'd to the Archbilhops, as a 
 fpecial Privilege to the biihop of 
 Lucca. Ferdinand Ugbel gives this 
 Account of it, Cteterum antigui 
 Pontifices, atque Imperatores Indul' 
 tisy Privilegiifque vift fitnt meri' 
 to exornajje Lucenfem fedem, in qua 
 tot viri prohhate, [anUitateque pra- 
 teflante^^flovununt. Epifcopum nam- 
 que Luccdfcni. Otho Magnus Impe- 
 rator titulo Principis Imperii, Comi- 
 tifque infignivii, Lucenfem Ecck- 
 fiam SanSli vultus facrarium appel- 
 lans ; Alexander verb fecundus Pon~ 
 tifex MaxiniHs eundem ufu Pallii 
 exornavit olim ^ ipfe Lucenfis E- 
 pifcopus haSlenus inufitata in Italia 
 dignitate, ft unam Papienfem Ec- 
 clejiam excipimui, utque proceffurus 
 ex Architpifcoporum more Crucem 
 pr^eferret. Hoc tarn injigne Privik' 
 giutn alii Pontifices ratum effejuffi' 
 runt, deer everunt que Antiflitem Lu- 
 cenfem uni fanii.e Sedi ut olim ah ip- 
 fiuslnfiitutione, immediate ful;e/fe{z). 
 
 17. NICHOLAS KIROUSKI, 
 Archbiihop of Gnefna \ wich 2s o 
 Perlons. As tothisPrelace, lee our 
 Hiftory, Vol. L Book II. Art. -^6. 
 
 1 8. 'THEOBALD de ROUGE- 
 MONT, Archbiihop of 5f/^;/f(7«- 
 with 28 Perfons. He had been Bi- 
 ihop o'l Ma^on, and Archbiihop of 
 Vienne. See our Hiftory, Vol. I. 
 Book III. Art. 21. 
 
 19. REYNOLD de CHAR- 
 TRES, Archbiihop of Rheimes^ 
 with 5(5 Perlbns. He is call'd 
 Cardinal of St. Stephen, in Ca:lio 
 
 (2) ltd. s.',c,'. Tom. I. 
 
 p. S40, 
 
 84.7. 
 MontCy
 
 of the Council ^/Constance. 
 
 m 
 
 Mmtie^ in the Traft intituled 
 France Chretienne. This was he that 
 in 142J) crown'd Charles VII, the 
 Maid of Orleans carrying the 
 Standard at the Ceremony. He 
 was Great Chancellor of France^ 
 as appears from a Letter which 
 the Council of Bafrl wrote to him 
 in 1432. He was nominated in 
 143 s, with the Duke of Bviirboriy 
 the Count ck Vendome^ and feveral 
 other Lords, Spiritual and Tem- 
 poral, for the Treaty of Arras. 
 In 14;$), he was made a Cardinal 
 by Eugene IV, at the Council of 
 Florence. Hedy'din '.144. See this 
 Hiftorv, Vol. I. Book II. Art. i, 7. 
 2c. To thele Archbilhops, we 
 muft add JAMES GELL\ Arch- 
 bifhop of Tours, whom I don't 
 find in the Lill, no doubt be- 
 caufe he was not arriv'd at Coii- 
 ftance when it was made. He had 
 been Bilhop ot Grenoble, and was 
 Archbilhop of Ambrttn, in 14: -.in 
 the Reign of MartinY, who em- 
 ploy'd him in the Pacification of 
 the Troubles of Sicily and Arragon. 
 He was afTiduous in vifiting his 
 Diocefe, and in Preachings and 
 dy'd in 143 ;. 
 
 BISHOPS. 
 
 There were 32 Titular Bi- 
 fhops, who hud each two Perfons 
 attending them. The others were 
 as follow. 
 
 I. FREDERIC deGRAFE- 
 NEC, Biiliop of Augsbourg, who 
 had I S Perfons in his Train. We 
 have this Account of him in the 
 
 (i) Tom. I. p. 124. 
 
 (2) Stengel. Rerum Augttfi. TinM. Cap. 
 
 Ecclefiaftical State of Germany. 
 ' An/elm de Nenningen, Grand Cul- 
 ' tos of Augsbourg, having been 
 ' elected by feme Members of the 
 
 * Chapter, and Frederick de Grafe- 
 ' nee being chole by the Intercfi: 
 
 * of the tmperor SigiJ'mond, they 
 ' were at Law for the Bifhoprick 
 ' above nine Years. Ihcy both 
 
 * caufed tliemfelves to be conle- 
 
 * crated, and eachpoffefs'd a Part 
 
 * of the Dioceie. But at length, , 
 
 * in the Year 1^2 (, both were ob- 
 ' lig'd to refign, and Anjelm re- 
 ' tir'd to the Abbey of Blaw- 
 ' bourn, in the Dioceie of CoH' 
 ' Jlance, where, in the Year 1428, 
 
 * he dy'd. Frederic {i^ de Grafe- 
 nee was made BUhop of Branch- 
 bourg in 1421. 1 his Fait is not 
 certain, as appears from the fol- 
 lowing Memoir which was com- 
 municated to me by my Learned - 
 Friend M. des Vignoles, who has 
 made a very exadl Inquiry into 
 every Thing that relates to the 
 City and Epilcopal See of Bran- 
 debourg. 
 
 ' CHARLES Stengelius, in 
 ' his Hiftory of Augsbourg (i), 
 ' fays that Frederic de Grafenec 
 ' Abbat of the Monaftery of Sa- 
 
 * perdin in Hungary, being elected 
 
 * Bilhop of Aug^sbourg, in Oppofi- 
 ' tion to Anfelm de Nenningen,\n the 
 ' Year 14 1 1, there was a Law Suit 
 
 * between thele two Bilhops for 9 
 ' Years, till at length the Holy 
 ' Father Martin V. gave Com- 
 ' mand that both Aould rei'gn, 
 ' After this, Frederic rcturn'd to 
 
 57. p. 231. publifb'd at JjigoUfiat, 1647^. 
 Quarto. 
 
 « his.
 
 400 
 
 A L I S T of the M. E u ^ z T^ 5 
 
 ' his Abbey in Hungary. But he 
 
 * adds, Ibme will have it that he 
 ' was cranllated to the Church of 
 
 * Braddebourg. 
 
 "• GAS PAR BrHfchmsi'?iy?>z\- 
 
 * moft the very fame Thing (i), 
 
 * and concludes thus: Frederick rt- 
 ' turned to his .-ibbcy in Panno- 
 
 * niay tJio' there are t no fe who af- 
 ' firm that he was ordained Bi- 
 ' tiiop o{ Brar,del?oiirg-^ but 1 don't 
 ' find Jiim in the Lift of the Bran- 
 •^ debiiurg Biihnps. 
 
 * Nevhp.theless, Andrew 
 
 * Angehis, who wrote near forty 
 
 * Years after Brujcbius , places 
 
 * tliis Frederick in the Catalogue 
 
 * of the Biiliops of Brandebowg. 
 In the Year i^2c, he gives this 
 Account of him (-), JohnW, Bi- 
 ' fliop of Brandebourg, of the Fa- 
 
 * mily of iraldozv, dying at this 
 
 * Time (5), Jujlus reports that 
 
 * Frederick de Grafcnec, heretofore 
 
 * an Abbat in Fliingary, and eledt- 
 
 * ed Biihop oi' Augsbourghy £omQ 
 ' ot the Chapter, was (4) chofe, 
 
 * and admiited in his Place. But 
 
 * he did not prelide long, as may 
 
 * be feen in our Marquilate. 
 
 ' At prefent I have not this 
 
 * laft Book by me, which Angelas 
 
 * wrote five Years before the o- 
 ' ther (> 1. But in the Arcliivcs 
 
 * oi" the Chapter of Brandebourg^ 
 
 * I have not been able to find a 
 < Tittle concerning this BiHiop: 
 
 * And if he was ordained, as 'tis 
 
 (1) J3rufch.de Bp'fcop.tt Germ. T. I. fol. 
 14^. b. publifh'd ill i 549. in 8vo. 
 
 (2) Angel. Annal. Marchix, iJyS, Fol. 
 p. 206. 
 
 (3) ff^'''ff.^'>m yo^fi- 
 
 (4) Aingenommen Hiid. gehmmen, 
 2 
 
 faid, or if he took the Title there- 
 of, he was never own'd for fuch. 
 I prove this by the Numbers, and 
 by the SuccefTi m of the Biihops 
 of the XV th Century. XXXI V" 
 Henning de Brcdo':v, in 1407 j 
 XXX V^ John de fVaidoiv in 14 1 5 ; 
 XXXVI Stephen de Bodeker, in 
 1422 } XXXVII "TheodorickSte- 
 f^ow, in;45p^XXXVTII Arnold 
 Borgjlorp, in f47 2-. 
 ' I. FIENNING de Bredoiv , 
 who according to the Ecclefiafti- 
 cs.\ tW^ivyo'i Germany ( ), was 
 the XXVIth Bifliop of Brande- 
 bourgy and dy d about the Tear 
 1407, was cliofe that very Year 
 (-), and was the XXXlVth Bi- 
 ihop of that Sec, accoraing to 
 my Catalogue, purfuant to two 
 Infcriptions which are ftill to be 
 feen in the Cathedral of Brande- 
 bourg. They are both in the 
 Arches, between rhe feccnd and 
 third Pillars, as we go in : That 
 on the right H;nid is worded 
 thus, AnnoDomir.i m.CCCC.xi 11 
 /;/ die (^<) Kyliani ^ fociorum 
 martyrum confecratum efi hoc Al~ 
 tare in honore Corporis Chrijii per 
 Rfjerendum in Chrifto Patrem 
 DominumDominum Hcnningtim de 
 BredoWjbnjus F.cclefiie XXXI III 
 Epifcopum. i. e. In the Year of our 
 Lord 141 -, upon the Anniver- 
 fary of Kyle^ and his Brother 
 Martyrs, this Altar was confe- 
 crated in Honour of the Body 
 
 (5) Anno Hp;. 
 
 (6) Publifli'd in 1724, T. II p. 
 ( 7 'I Cfjron. Madgeb. <y>. Meikom. 
 
 CS)^«/y9. 
 
 293. 
 T. II. 
 
 of
 
 of the Council <?/ Constance. 
 
 « ofChrlft, by the Reverend Fa- 
 
 * ther in Chrift, the Lord Henning 
 
 * de Bredowy the :;4th Bilhop ot' 
 
 * this Church. The other Infcriptlon 
 
 * ii on the left Hand over-againfl it. 
 
 * Anm Domini M.CCCC.XIII. in 
 
 * die Kiliani ^ Marty^rum focic- 
 
 * rum, Confecrattim eft hoc Altare in 
 
 * hoHore Sanfli Erafmi Epifcopi £5? 
 
 * Martyr is per Revereudum in Chri- 
 
 * fio Patrcm ^ Dominum Domi- 
 
 * num Henningtim de Bredow hu- 
 ^ jus Ecckfi£ XXXIIII. Epifco- 
 
 * piim. i. e. In tlie Year oi" our 
 
 * Lord 1415, on the Anniverfary 
 ^ oi'Kyle, and his Fellow-Martyrs, 
 ' this Altar was conlecrated in 
 ' Honour of St. Erafmns B'tlliop 
 
 * and Martyr, by the Reverend 
 
 * Father in Chrift the Lord Hcn- 
 ' ning de Brcdozv, the XXXIVth 
 
 * Bifhop of this See. 
 
 ' 2. This lame Year 141;;, 
 
 * Ilenning de Bredow (i) dy'd, and 
 
 * was llicceeded by John IV, of 
 
 * fValdow, who is omitted in the 
 
 * Ecclefiallicsl Hiftory of Germany. 
 
 * I reckon him for the ^5th Bi- 
 
 * Ihop. We have feveral Tcftimo- 
 
 * nials ofit, and in the Year 1421 
 *Tie was made Biihop of Lebns. 
 
 ' 3. STEPHEN Bodeker, San 
 ' of a Cooper at Steudal, and the 
 
 * moft learned Biihop of the See 
 ' of Brandebotirg, was chofe in the 
 
 * Year 1 4 2 5 , on Tburfday the 3 c th 
 
 * o^ April. He enjoy'd that See 
 
 * ; 6 Years, nine Months, fifteen 
 ' Days, and dy'd Anno 14^-9, on 
 
 * 'Tburfday the 15 th o'l February, 
 
 * as we, read under his Pifture in 
 ' the South Chappel of the Cathe- 
 
 dral Church of Brandebourg. 
 Judge then wliether he dy'd in 
 1 42 1, as the Ecclefiaftical Hi- 
 ftory of Germany fays (:). As 
 we enter the Church on the left 
 Hand, over-againft the fifth Pil- 
 lar, which is the nearefl to the 
 Choir, his Sepulchral Statue was 
 placed atmy Sollicitation, which 
 hasthefe Words round it. 
 ' Anno Domini M.CCCC.LIX. 
 X V Febriiarii obiit Reverendiis in 
 Chriflo Paler {^ Dominus Stepha- 
 nus XXXVI Epifcopus Brande- 
 burgenfts, cujus anima in pace qui' 
 efcaty Amen. i. c. In the Year 
 of our Lord 1459, on the 15th 
 Day of Fthruaryy Stephen the 
 XXXVIth Bifhop of Brande- 
 bourgy departed this Life. May 
 Jiis Soul reft in Peace, Amen. 
 ' 4. STEPHEN Bodeker was 
 fucceeded in 1459, by Tbeodoric 
 Stechow, who was the xxx viith 
 Biihop, as appears from this 
 Inlcription, which was formerly 
 communicated to me by the late 
 AL Bccman^ as it was to be read in 
 theChurcIi of the Caftle o^Ziefar, 
 the ordinary llefidence of the 
 Bilhops of Brandebourg : Anno 
 Domini M.CCCC.LXX. Rcve- 
 rendus in Chri/Jo Paler ac Domi' 
 nus Dominus Theodoricusxxw 11 
 Brandebnrgenfis E^cclefiie Epifco- 
 pus Baft licam banc primitus pie ftin- 
 dando conftruxit in honorcm Sanc- 
 torum hie fcnlplorum devote confe- 
 cravit. Orate pro eo. 
 i, e. ' In the Year of our Lord 
 1470, the Reverend Fa:her in 
 Chrift the Lord Tbeodoric, the 
 
 (1) Angel p. 
 
 Vol. IL 
 
 191. 
 
 (2) P. 294. 
 
 Eee 
 
 * XXXVI Itll
 
 402 
 
 A LI ST of the Members 
 
 ' XXX Viith Bifhop of the Church 
 
 * of Brandeboiirg J after having 
 
 * firft pioiifly foiirided this Church, 
 
 * built and devoutly conlecrated it 
 
 * to the Honour of the Saints that 
 
 * are here carv'd. Pray for him. 
 
 * ^ In the Year 1472, jimold 
 
 * deBorgflorp was the XXXVIIIth 
 
 * Bilhop. In the Cathedral Church 
 
 * upon the third Pillar on the 
 
 * Right Hand, we read thefe 
 
 * Words in the middle of a long 
 
 * Epitaph, in Verfe, Obiit Anno 
 ' M.cccc.i.'^i.xxy.feriatertiapojl 
 
 * Fiti. Andi at the Boot of the 
 ,® Pillar, on the Grave-ftonc. 
 
 * Anno Domini JA.nccccz.xx— 
 
 * Reverendui in Cbrijlo Pater £5? 
 
 * Dominus Dominus ArnoldiisBorgh- 
 
 * ftorp XXXVIII Brandeburgenfis 
 
 * Ecckfue EpifcopuSj cujiis anima 
 
 * requiefcat in pace. 
 
 * From all this, and from the 
 
 * Silence of the Archives, I in- 
 ' fer that Frederick de Grafeneck 
 '" was not Biihop of Brandebourgj 
 
 * whatever the Ecclefiajiical Hiftory 
 
 * of Germany (i), and the other 
 ^ Authors abovemention'd, fay to 
 f the contrary. 
 
 a. O THO^ Count de Hochherg^ 
 Bifhop of Conjiance^ had 24 Per- 
 Ibns in his Retinue. He refign'd 
 in 145 ?, after having held his See 
 23 Years. 
 
 ::. ROBERT, Bifhop of St. 
 Malo in Bretagne, was attended 
 with 16 Perfbns. I don't find the 
 Bifhops of St. Malo in the Trea- 
 tife intituled France Chretienne, un- 
 !efs they are under another Name 
 than Mackvium. 
 
 A. A MADE US, Bifhop of 
 St. John de A4aurienne and Lau- 
 zanne j with fixteen Perlbns. In 
 the EcclefialHcal State of Germany ^ 
 I find one TVilliam de Chalant ^i- 
 iho^ oi Lauzanne, from 1406 to 
 1^30. In the fame Book there's an 
 Amadeus of Savoy, Bifhop of St. 
 John de Maurienne, who in 1354 
 made an Exchange for the Biihop- 
 rick of Lauzanne. 
 
 5. F iT'ALy a Francifcan, Bi- 
 fhop of T'oulon in Provence ; with 
 eight Perfons. See this Hiftory, 
 Vol. I. Book II. Art. 59,8 r. Book 
 
 IV. Art. 2c, 48. Vol. II. Book V, 
 Art. <?:. 
 
 «5. JAMES, Bifhop of Tre- 
 vifa or Trevigni, in the State of 
 Fenice ; with ten Perfons. He 
 was elefled in 1409, hy Alexander 
 
 V, and dy'd in 141??. 
 
 7. JOHNde SCHONDELEF, 
 DoQor of Divinity, was nomina- 
 ted to the Bilhoprick of Slefvick, 
 by Pope Gregory XI, but met with 
 great Oppofition. He dy'd in 
 1421 (2). 
 
 8. PE TER, Bifhop of Rypeny 
 in Denmark -y with 106 Perfons. 
 
 9. JOHN, Epifcopus Audinenfis'y 
 with fix Perfons. 'Tis, perhaps, 
 Bilhop of Udine ; but I find no Bi- 
 fhop of this City, \x\i\\^ Italia Sa- 
 cra ; or it may be Atino, tho' the 
 Italia Sacra takes Notice of the Bl- 
 fliops oi Atino, that were fiipprefs'd. 
 in the twelfth Century. 
 
 I c. BARTHO LOMEU^ C AC- 
 CIA, Bifhop of Piacenza ; with 
 40 Perfons. He was chole by- 
 Gregory y^W, in 1408, in the room 
 
 (2) Ecclefiaftical State oi Germany, T. 
 H. p. J62, 3(53. 
 
 a of
 
 of the Council of Constance." 
 
 4C>3 
 
 of Branda Cajlellione whom that 
 Pope turn'd out of his Biihoprick. 
 See the Lift of the Cardinals. 
 
 11. Frier JOHN, BiJhop of 
 Nola i with five P.erlbns. I don't 
 find him in the Italia Sacra. In- 
 deed I dilcover one Mark there, 
 who was chole in 1407, anddy'd 
 in 1447- 
 
 12. THOMAS EpifiopusLiti- 
 enfiSy in the Kingdom of Naples \ 
 with ten Perfons. The Lift muft 
 be wrong in this Place, there be- 
 ing no luch Biihoprick in the Italia 
 Sacra. 
 
 i^. PETER FAERI^ Biihop 
 of Riez in Provence ; with 1 2 Per- 
 fons. The Book, intituled La 
 France Cbretiemie puts down IFil- 
 Ham Fahri from 1400 to 1425 ; and 
 Peter Fahri from 1550 to 1362. 
 
 14. FRANCIS^ Marquis ^ff 
 Caretto^ Bifhop of Albe in the 
 Momferrat. I meet with two of 
 this Name in the Italia Sacra, one 
 in 140 1, the other in 141^. I 
 alfo meet tliere with one James^ 
 Biihop 0? Albe in 1418. But, as 
 the Author very well obferves, in 
 this Time of the Schilm there were 
 often two Bifhops in the fame See. 
 
 15. PRINCEFALLES de SI- 
 GISMUNDIS, Bifliop of ^^?«/, 
 in the Mont f err at \ with 20 Per- 
 fons. He was chofe in 1 4 1 1 , by 
 ^John XXIII. 
 
 16. NICHOLAS, Biihop in 
 Denmark j with ten Perlbns. 
 
 17. ULRICox Udalric, Bi- 
 fliop of Brixen in Tirol; with 80 
 Perlbns. He was a Native di Vi- 
 snnay and Chancellor of the Arch- 
 
 Duke Leopold II. Hedy'd in 141 7.' 
 
 18. ALBERT de STAUFFEN- 
 BERG, Blihopoi' Ratishn; with 
 40 Perfons. He dy'd in 142 1. 
 
 19. FREDERICK, Biihop of 
 Bath, Robert, Biihop of Salisbury, 
 John, Biihop of Cbeficr. Thefc 
 three Bi/hops of England had 400 
 Perlbns in their Train. Robert 
 Alam is often mentioned in this 
 Hiftory. 
 
 20. ROBERT du FOUR, Bi- 
 fhop of Sijleron in Provence^ with 
 eight Perlbns. 
 
 2 1 . N ICO LAOS Epifiopus Wid- 
 lienfis; with 15 Perfons. I know 
 not what See this means. 
 
 22.70 HN de LIGNIERS^ 
 Biihop of Fiviers, in the Fiva- 
 rets ; with thirty Perlbns. He 
 was Nephew to Boucicaut, Marlhal 
 of France. He was elected in 1407, 
 and dy'd in 144^. 
 
 XI. JOHN, Epifcopus Vitrioneri' 
 fis, in the Kingdom of France-^ 
 with ten Perlbns. I know not whac 
 it means. 
 
 24. HENRY SCARAMPO^ 
 Bifhop of Feltri in the State of 
 Venice, with nine Perfons. He 
 had been Treafurer to Boniface IX, 
 and Secretary to the Emperor Si- 
 gifmend. He was tranflated in 
 1404 from the See 0^ Acqs to that 
 oi Feltri. He dy'd in 1440. Ughel 
 relates Wonders of his Piety, in 
 the Italia Sacra. He lays that his 
 Body was prelerv'd, even in his 
 Time (i), without Putrefaction; 
 that it was vifited by great Num- 
 bers of pious People; and that it 
 wrought a great many Miracles ; 
 
 (i) The Vth Tome of Italia Sacr*, was printed at Rome, in iiJjj. 
 
 K e e a 
 
 but
 
 404 
 
 A LI ST of the Members 
 
 but, as ill Luck would have it, the 
 Author is deltitute of the Proofs 
 of thofe Miracles, as he fiiys him- 
 felf, Eodem anno rerum geflarum 
 gloria, 6? fan^monia -vitie vir longe 
 clariffimHSf ex hac mortali vita dif- 
 cejfit die 29 Septembris fepttltus in 
 Feltrenft Catbedrali, cujtis corpus 
 criininb hucufque incormptiim perfcve- 
 rat, atri quidem color is, fed palpahile, 
 (jf frequenti piortim homnum liiflra- 
 tione, 13 cuJta venerabile, nhi ejus 
 meritis frequentia vifimtur miracula, 
 ejus fanSiimoniam tejlantia : cujus 
 A3a defiderantur (i). 
 
 2^ JOHN, BifhopofSt.P«« 
 de I'omieres, in Languedoc •, with 
 1 2 Perfons. I fufpefl: an Error 
 here, becaufe we fliall hereafter 
 meet with a Bifhop of St. Pons by 
 the Name of Geoffrey. Probably it 
 fliould be St. Papoul, of which John 
 de Rochetaillarde, who was at the 
 Council of Conjlance, was at that 
 Time Bifhop (;). 
 
 z6. SIMON, Biihop of r?v?:i', 
 in Dalmatia ; with fix Perlbns. 
 
 27. GEORGE, Count de Hohen- 
 he, Bifhop of Pajfatv ^ with 1 00 
 Perfons. In the Ecclefiaftical State 
 of Germany there is this Account 
 of him, ' Rupert Count de Berg, 
 
 * afterwards Bifhop of Paderborn 
 
 * was his Competitor, but Urban 
 
 * VI, confirm'd George. He was 
 
 * afterwards Chancellor of the Em- 
 
 * pi re. He was prefent at the 
 
 * Council of Conjlance ; and was 
 
 * Archbllhop of Gran, or Strigo- 
 
 * nia, and Primate of Hungary.'' 
 Hedy'd in 1422 (0' 
 
 (0 Tterd. Vghell. Italia Sucra, T. V. 
 
 P- 349- ^ 
 
 (a) Gallia Chrlfiiana, Tom. U. 
 
 2S. DONJDIEU, Bifhop of 
 Narni in Umbria, elected in 14 14, 
 dy'd in ij.18. 
 
 29. JOHNW. diBASNirZ, 
 Bifhop of Lebns, in the middle 
 Marquilate of Brandebourg •, with 
 ten Perfons. 
 
 30. DIDACUS, Bifhop of 
 Zamora in Spain. 
 
 31. JAMES, another Bifhop 
 of Spain. They had between them 
 64 Perfons. 
 
 32. ALBERT',2. Benedidin, 
 Bifhop of Ajl in the Milanefe; 
 with 1 2 Perfons. He was elected 
 in 1409, in the Reign o'i Alexan- 
 der V. The Duke of Milan 
 caus'd him to be imprifbned a 
 whole Year, becaufe he demanded 
 back the Church Lands which he 
 had ul'urp'd. This oblig'd the 
 Council of Conjlance to excom- 
 municate the Duke, and to lay 
 the City of Milan under an Inter- 
 dict. But the Bilhop being fet at 
 Liberty, went to Conjlance, got 
 the Interdift taken off, and inftead 
 of fhewing any Refentmentfor the 
 Duke's injurious Treatment of 
 him, he loaded his Chamber- 
 lain with Favours. He dy'd in 
 
 i4?9 CO- 
 
 35. BENEDICT de MONT- 
 FREDIS, EpifcopHS Glufinns, in 
 Italy; with 20 Perfons. Thismufl 
 be Clufmus, that is to f;iy, Bifhop 
 o'i Chiu-zi. 'Tis true that in the 
 Italia Sacra, inflead of Bencdi&, 
 which no doubt is a Millake in 
 the Lifl:, I find that Blaife Her- 
 man was elected Bifhop of Chiuzi 
 
 C5) Ecclefiaftical Hiftory of Germany, 
 T. 11. p. 55, 54 
 
 (4) Hal. Sacr. T. IV. p. 560,
 
 of the Council c/ Constance. 
 
 405 
 
 in i4io,and dy'd of an Apoplexy in 
 1418, as appears by a Letter from 
 the Clergy oiCbiuzi^ to the Repub- 
 lick of Sienna. L^/;e/lpcaks of him 
 as of a Prelate of great Merit. 
 
 34. JAMES, Bilhop o'i Ploczko, 
 in Mazo'via, Envoy of Poland -y 
 with 2 2 Perfons. See Dlagofs, L. 
 XI. p. 358. 
 
 3 V JAMES, Biihop of Adrta, 
 in the State of Venice \ with eight 
 Perfons. Alexander V. tnrn'd him 
 out of his Biihoprick, and gave it 
 to one Maynardin, who did not 
 hold it long j and 'tis probable that 
 ■James was reftor'd to his See by 
 the Council of Con/iance. He dy'd 
 in 1444. 
 
 3 6. JOHN', Biiliop of Bayonne, 
 in the Kingdom of Apulia ; with 
 eight Perfons. Here mull be a 
 Fault in the Lift, for there is no 
 Bzyonne in the Kingdom of Apulia. 
 As to Bayonne in France, there 
 were at that Time two Compe- 
 titors for that Bilhoprick, "uiz. 
 IVilUam Arnold Bordan, Envoy to 
 the Council from the King of Na- 
 varre, and Peter de Mareloco, in- 
 truded by BenediH: XIII, as ap- 
 pears from La France Chretienne 
 (i). Perhaps 'tis Bayonne, alias 
 Orenfe in Galicia, where there is 
 a Biilioprick Siiii'ragan to Cmipo- 
 ftella. 
 
 37. LEfVIS, E\iho^ofBaagor, 
 in IVales. 
 
 38. AStORGA, Bifhopof /?a- 
 veiks in the Kingdom of Naples ; 
 with ten Perfons. I find three o- 
 thcr Bifhops of RavelleSj from 
 
 (0 Tom. II. p I. 
 
 (2) lUl.Sucr. T.I. p. 102, 103. 
 
 1400 to 14 1 8, "viz, Nicholas de 
 Doncelle, ele£led in 1409, hy Gre- 
 gory XII, and depriv'd in 141 3, 
 by John XXIII, who put Martin 
 de Groniano in his Place j and the 
 third is Benedict de Pradoxis. 
 Aftorga was made a Cardinal by 
 Martin V. in 141 8 (2), 
 
 35?. RABANUS, Bilhop of 
 Spire ; with 80 Perlbns. In the 
 Ecclefiaftical State of Germany 
 there is this Account of him, 
 
 * Rahanus of Helmftad, was Pro- 
 ' voft of IViJferad in Bohemia^ 
 ' Canon of Angsbourg, and Chan- 
 ' cellor to the Emperor Wencejlaus. 
 
 * In 143 r, he obtain'd the Arch- 
 ' bilhoprick of Triers, from Pope 
 
 * Eugene IV. He refign'd all his 
 ' Benefices in the Year 14357, and 
 ' dy'd not long after (^). 
 
 ^c. FRANCIS PETER de 
 RAGAZZIIS, Bilhop oi Arrezzo, 
 in Tufcany \ with 1 2 Perlbns. This 
 Prelate never refided at his See, 
 being always taken up with the 
 Affairs of Joan of Naples. He 
 was fb lecret in his Journeys, that 
 he pals'd twice for a dead Man (4). 
 He aflually dy'd in 1435. 
 
 41. RAOUL de COUCI, Bi- 
 lhop of Mets; with 60 JPerfons. 
 In 1388, he fucceeded Peter de 
 Luxemburg, who dy'd in 1387. 
 Raoul was related to the Houlb of 
 I^orrain, by the Marriage of his 
 Brother Eugucrrand to ALiry, the 
 Duke o'i Lorrair!% eldeft Daughter, 
 When he was at the Council of 
 Conjlance, he receiv'd the Invefti- 
 fture of the Bilhoprick of Noyon 
 
 (X) Ecclefiaftical Hiftory of Gcfmany^ 
 T. I. p. 45. 
 (4) T.I. 475, 477. 
 
 from
 
 40 5 
 
 A LIST of the Member s 
 
 from '^fohn XXIII, and dy'd in 
 
 ^"^4! HENRY deFILLE SUR- 
 TRON, Biihop of Tvul in Lor- 
 rain; wich 50 Perfons. He dy'd 
 
 in iJf^o- 
 
 ^-,. NICHOLAS^ Epifcopus Wif- 
 lienfis Napulii •, with I'x Peiibns. 
 I know not what Bilhoprick it was. 
 4^ . HARTMANN, Count de 
 TFerdenberg., Biihop of Coire, elefl:- 
 'ed in 1404, dy'd in ij\i6. He 
 had 40 Perlons in his Retinue. 
 He was fucceeded by John de 
 fVallenrodj Archbifliop of Riga, 
 who dy'd in 1419, after having 
 obtain'd the Biflioprick of Liege 
 from Martin V. They who wou'd 
 know more of him may conllilt this 
 Hiftory (2). 
 
 45. SIMON, Bifliop of Pifto- 
 ja. in the Florentine ; with ten 
 Perfons. I don't find him in the 
 Italia Sacra, but I find there one 
 Mattheiu Domini Lazari de Dia- 
 fnantibus, who was elefted in i4co, 
 and was prefent at the Council of 
 Conjlance. 
 
 4d. FRANCIS, Biihop of T'odi, 
 in the Land of the Church j with 
 12 Perfons. 
 
 47. NICI10LAS,Epifcopus Aflh- 
 was in fuffia ; with 5 2 Perfons. I 
 know not what See this is. Per- 
 haps 'tis Majfa, an Epifcopal Ci- 
 ty in T'ufcany. Indeed in the Italia 
 Sacra, I find one Nicholas Berut, 
 chole Bifhop of MaJ/a in 1^94. 
 But 'tis there iaid that this Bifliop 
 was made Archbifhop of Orijlxgni 
 in Sardinia, in i.\o,\; and that 
 
 (i) Hiftory of the BifKopsof Mets, by 
 Miurije, of the Order of St. Fr.wcii, Bi- 
 fliop deMadort at Me/i, 1623. 
 
 Barthohmrdi, Archbifiiop of Siert' 
 na, made an Exciiange with Ni' 
 cholas. Perhaps one is con bunded 
 with the other in the ItaUi Sacra^ 
 .18. PETER, B:liwp of Taren- 
 tum \ with eight Perlons. 
 
 49. PAUL, Epifcr.fus Serenenfis-, 
 in Pru-vcnce ; with two Perlons. 
 I know not what this Bilhoprick 
 is, except it be Scnez , an Kpi- 
 fcopal City in Provence. But I 
 don't find any Bi]i»ops of Sencz. 
 by the Name of Paul, in La 
 France Chretienne. I find indeed 
 one John de Seillons, Irom 1409, 
 to 145c. 
 
 50. CONRADE, Epifcopus E- 
 hronenfis ; with ten Perlons. This 
 ftands perh ips iotEbroicenJis, d'Ev- 
 reux, but I don't find Conrade there 
 in la France Chretienne. 
 
 51. ANTHONY dti PONt, a 
 noble Venetian, Bifhop of Concor' 
 dia in the State oi Venice, elefted 
 in 1402. We are inform'd by 
 the Italia Sacra, that he made a 
 Voyage to the Holy Land; and 
 that at his Return Gregory XII. 
 created him Patriarch o'i Aquikja ; 
 but John XXIII. taking it from 
 him, he return'd to his Church of 
 Concordia. When he was at the 
 Council of Conflance, Martin V". 
 made him Archbiihop of Otranto, 
 in the Kingdom of Naples. He 
 had fix Perfons with him. 
 
 52. ANSELM de NENNIN- 
 GEN, Biihop oi' Augsbonrg; with 
 40 Perfons. See Frederick de Graft' 
 neck. 
 
 (2) Vol. I. Book IV. Art. 39. 
 
 i^. ANTHONY,
 
 of the Council <?/* C o n s t a n c e. 
 
 407 
 
 ? ? . JNTHONT de PERUSJ, 
 BIfhop of Peru/a -, v/ith ten Per- 
 Ions. He dy'd in 1434. 
 
 54. STEPHEN ALlOr da 
 PRAT, Bilhop of Folterra in 
 Tufca-ity, was elected in 1411, and 
 dy'd 14;^. 
 
 yj. JOHN BURL A, Biihop 
 of Mitlen, in Savvy j with ten 
 Peribns. 
 
 56. FLAMINUS, Epifcopm No- 
 lans in Naples \ with eight Peribns. 
 Perhaps it ihoii'd be NolanuSy 
 from Nola. 1'here are two Cities 
 of this Name, one in the King- 
 dom of Naples, the other call'd 
 Nauli, in the State of Genoa. 
 
 57. JAMES Epifcopus Efurtis, 
 in the Alarquifate of Ancona ; 
 with fix Perfons. 'Tis probably 
 G<efi, ALf.s or ALfiuni, in the Latin. 
 In the Italia Sacra, I find one 
 James Biihop of this Place (eleiled 
 by Innocent VII, in 1405) who 
 was at the Council of Conflance. 
 
 58. PHILIP of Sicily, Biihop 
 o'i Bel-Caflro, in the Kingdom of 
 Naples, with 12 Peribns. 
 
 59. NICHOLAS Epifcopus Te- 
 rentinus in Hungary ; with three 
 Perfons. This, perhaps, is a Bi- 
 flioprick in the County of T'rin- 
 fchen. 
 
 6c. MANFRED Epifcopus 
 Artzericenfts, in Capuleo ; with ten 
 Peribns. I know not what See 
 this is. 
 
 6 \. RUDOLF HUS, Epifcopus 
 Meienenfis in Greece; with eight 
 Perfons. This, perhaps, is the liime 
 as Milatenjis, tVom Malta. 
 
 61. ANDREW, Epifcopus 
 
 Caftelli Civitatis in Caffia Scotorum ; 
 with three Pet ions. I know not 
 what it ftands for. 
 
 63. GEORGE Baron^<r LIECH- 
 TE'NStETN, Biihop of ^rent,, 
 chole, according to the Ecclefiaili- 
 cal Slate o\ Germany, in 159OJ 
 but t!ie Author of that Work feems 
 to be under a iN'Jiilake, where he 
 lays, that this Prelate was poifon'd 
 in /41C, becaufe in 141 5, he plead' 
 ed his own Cauie againil the i>uke 
 of Auflria at the Council of Con- 
 flance. See theXXthSeilion of this 
 "Council, V^ol. I. Book IV. Art. 38.. 
 He had 21 Perfons with him. 
 
 6^. JOHN BERrRANDI^ 
 Bifliop of Geneva j with 26 Per- 
 ibns. He was at the Council of 
 Conflance in 14 17. He became 
 Archbiihopof 7rfra«/<i//^ m Savoy ^ 
 the iame Year j and dy'd in the 
 Year i4>q (\'). 
 
 65. JAMES, Biihop of Do/ in : 
 Bretagne; with 16 Peribns. Idon'c 
 iind any Bilhops ofDoI, in la Francs ■ 
 Uiretienne. 
 
 66. JOHN de BRUN, Biihop. 
 0^ fFirtzbotirg; with 200 Peribns, 
 In the Ecclefiaitical State of Ger-. 
 many, we have this Account of 
 him, ' John de Brun, bom in y/A* 
 
 * face, was oblig'd to make War 
 
 * upon his Rebellious Subjeils, andi 
 
 * to befiege his Epilcopal City, 
 ' He was likewiie Abbatof FaW^, 
 
 * He had iuccelTively for Coadju- 
 
 ' tors, two Counts of PVertheim^^ 
 
 * whom he iurvivM:; and he re- 
 
 ' fign'd the Biihoprick of WirtZ' - 
 
 * boiirg, in the Year 1440, to Si-^- 
 
 (1) Ecclcfiuftical Hiftory oi Germatiy, T. II. p. Z38, 239. 
 
 ■^ftntnd'
 
 4oS 
 
 A L I S T of the Member s 
 
 * glfmond of Saxony •, foon after 
 
 * which hedy'd (i). 
 
 6-j. yO UN Epifiopus Nehofi- 
 nuSy in Jrragon\ with three Per- 
 Ibns. I know not wliat Place this 
 means. 
 
 68. ALBERT^ Count de Wer- 
 thcitn., Bifliop o'i Bamberg^ with 
 
 2 10 Pertbns. He dy'd in um. 
 6g. OGER de CONSLETTO, 
 
 Bilhop qf Jojia in Piedmont •, with 
 ten Perfons. He was chofe in 141 1, 
 by John XXIII, and was promo- 
 ted in 1435, to the See of Maiiri- 
 enne in Savjy. He dy'd in 1410. 
 
 70. ANTHONY Turchon, Bi- 
 Jliop of Como^ in the Province of 
 Aquikja. He was elefted in 1409, 
 was depriv'd of his Benefice by 
 John Mary, Duke of Milan, but 
 declar'dlawfulBiftiopofCo»/o, by 
 the Council of Conftance. Never- 
 thelefs, the Duke of Milan not 
 regarding the Council's Determi- 
 nation, Anthony was oblig'd to re- 
 tire to Fenicey where he abdicated 
 in 1420, and dy'd not long after. 
 He had eight Perfons with him. 
 
 71,70 HN de LIBBER K- 
 KEN, Bifliop ofCamh-ay^ with 
 
 3 6 Perfons. I don't find his Name 
 in La France Chretienne j but Peter 
 d'Ailli is fet down among the Arch- 
 bilhops o'lCambray. And perhaps 
 this John had the Adminiftration 
 of that See after Peter was made 
 a Cardinal. 
 
 72. ANDREW, Biihop of 
 Pofen •, with 3 a Perfons. See 
 Dhgofs (2). 
 
 7g. HEN RT Epifiopus Adrini- 
 camis, in the Dioceie of Mentz ; 
 
 with four Perfons. Perhaps 'tis a 
 falfe Reading for the Bifhop of 
 Aichftad. 
 
 74. ENGELMAR, Bifhop df 
 Kiemfie, in thj Dioceie of SaltZ' 
 bourg •, with ten Perfons. He dy'd 
 in 1430. 
 
 7 . . IMBERTde NOP^O CAS- 
 TRO, Bilhop of ^.-J/?/ :; with 12 
 Perfons. I don't find him in the 
 Ecclefiaflical State oi Germany. 
 
 -je.ANTHONr, Epifiopus Ben- 
 cotinus, Napiilis ., with eight Per- 
 Ibns. I know not what Place it 
 means. 
 
 77. J O HN de FL E CKEN- 
 S TE IN, Biihop of frormes j 
 with 20 Perfons. He dy'd in 
 142(5. 
 
 78. JOHN de DULMENE^ 
 Bifhop o'i Lubeck ; with 3 8 Perlbns. 
 He was elefted in 1405, and dy'd 
 in 1 41 8. 
 
 79. NICHOLAS BUBWITH^ 
 Bifhop oi IVilton in England \ with 
 500 Perfons. Perhaps it fhould be 
 50. He was at the Council of 
 Pifia. 
 
 So. BARTHOLOMEW, Bi- 
 fhop of Pejaro, in the Dutchy of 
 Urbino ; with i 2 Perfons. He was 
 elefted in 1409, and dy'd in 141 9. 
 
 8 '. GAPP, Bifhop in Gap, with 
 14 Peribns. According to la France 
 Chretienne, from 1409 to 1424, 
 there were two Bifhops of Gapp^ 
 one call'd Alexis de Sircgnio, wfio 
 was made Bilhop of Piacenza m 
 141 1 j the other call'd Leodegaire, 
 Lord of Ayrarpte, Privy Counfel- 
 lor to Violante, Qiieen of Sicily^ 
 and Dutchefs of Anjou. 
 
 (0 Ecclefiaftical Hiftory of Girm.iny, (2) Vh. fupr. 
 T.I.p. J9, do. 
 
 82. BERT-
 
 of the Council <?/ C 6 n s t a n c e." 
 
 409 
 
 81: BERTRJND de Cadoeney 
 Bifiiop of St. Flour -, with 1 2 Per- 
 Ibns. 
 
 8,', JOHN, Bifliop In y^lex- 
 andria ; with ten Peribns. If ic 
 be Alexandria de la Paglia^ in the 
 Milanefe, I find in the Italia Sa' 
 era, that Michael Mantegaza, a Mi' 
 latiefe, an Hermit of the Order 
 of St. jiujliriy was Bifliop thereof 
 from 1414, to 1452*, that he was 
 at the Council of Conftance, on the 
 Part of the Duke of Milan \ and 
 that he was nominated with other 
 Bi/hops to degrade John H//s (1). 
 
 84. HERMAN, Bilhop of A7- 
 copoUSy in Wallachia ; with ten 
 Peribns. 
 
 85. BARrHOLOMETJ^y Bi- 
 fliop of Cumte in Campagna di Ro- 
 ma. This Biflioprick is not now 
 in being. He had ten Peribns 
 with him. See the Italia Sacra (^-i). 
 
 86. MAURINUS ST ANA- 
 SURT'Sy Bifliop of Cafchgenoy in 
 the Kingdom of Naples ; with 1 2 
 Peribns. I know not what Place 
 this is. 
 
 87. GEOFFREYdePERUSA, a 
 Cabinet-Counfellor to Charles VII, 
 and Bifliop of Xaintes; with 22 
 Peribns. He was eletted in 14 11. 
 It appears by the Regifters of 
 the Accompts of P<?m,thathe was 
 ftill living in 1422 (0- ' 
 
 88. yOHNy Bifliop of ff^a- 
 dijlawy in Poland; with 25 Per- 
 ibns. 
 
 89. GEOFFRET, Bifliop of St. 
 Pons de T'bomiereSy in Langttcdoc-y 
 
 (i) Vgbtll Jtal. Sa'c.Tom. W. p. 457, 
 
 458- 
 
 (2) Tom. VI. p. 270. 
 
 (^) Gall. Clrifi. Tom. Til, 
 
 VOL.n. Fff 
 
 with T 5 Peribns. In this Li 11: he 
 is call'd AmbalTador in Ordinary 
 from theKing and Clergy of France. 
 One Bilhop of St. Pom de Thomi- 
 eres has been already mention'd ia 
 this Lilt \ but, as has been oblcrv'd, 
 it may be a Miftake. 'Tis certain 
 there muft be a Fault either here 
 or in La France Chretienne, where 
 after Geoffrey (Gaufridus) dePompa- 
 dour, in 1408, we find John de 
 Rochechouar in 1410, and Fit alls 
 de Moleon in 141 8, to the Year 
 1450. 
 
 90. GERALDUS de PODIOy 
 Epifcoptis TarconenftSy in France. 
 Perhaps this is the Bilhop of T'our- 
 nay ; but I find no Bilhop of this 
 Name, at that Time, in la France 
 Chretienne. 
 
 9 r. WILLIAM de Cantiers, Bi- 
 fliop of Evreux , with 200 Peribns. 
 He was likewile at the Council of 
 Pifa. 
 
 92. JAMES ARIGONy Bi- 
 lhop of Lodi •, with fix Peribns. 
 He was chole in 1407, and was 
 at the Council of Pifa in 1 409 (4.). 
 He appear'd with io much Splen- 
 dor at the Council of Conflance, 
 that according to the Report of 
 Ughely he was efteem'd there as 
 an Oracle (5). He was afterwards 
 Bilhop of T'riefle in the State of 
 Venicey and then of Urbino. 
 
 Some of the Englifi Bifhops 
 who were at the Council, are want- 
 ing in this Lift, as appears from 
 the Publick Records of England, 
 in ^the Fwderay where we find 
 
 (5) See the Hiftoryof the Council of 
 Vifa, Tom. I. p. ^56. 
 (j) Ital.Sacr. Tom. IV. p. 928. 
 
 Henry
 
 410- 
 
 A LIST of the Members 
 
 Henry Bifhop o^ JVinchefter.y who 
 is often niention'd in thisHiftoryj 
 Richavdy or Robert Bifliop of Lo»- 
 don, who was alfb at the Council of 
 Pifa ^ John Catricke, Bilhop of 
 Litchfield and Coventry (fte this 
 Hiftory, Vol. II. Book V. Art. 
 64.) John JVakering, Bifliop of 
 Norzvichy who waseleftedin 141^, 
 and dy'd in 1425. 
 
 A B B A T S. 
 
 There are in the Lift 124 
 Abbats, of whom I fliall only 
 anention thole of moft Note. 
 
 FREDERICK, Count de ZOL- 
 LERNy Abbat of Reichenaiu in 
 Sival'ia,^ near Conpance. He had 
 been depos'd by the Pope, but 
 was reftor'd to his Abbey by Si- 
 
 fifmond, in Recompenie of his 
 iolpitality when that Emperor 
 went thither with Barba his 
 Confort, and other Ladies of Qua- 
 lity, to divert himlelf after his 
 Fatigues at the Council of Co«- 
 fiance. He had with him — ■ Per- 
 fons. This Abbey of Benediclins 
 was founded in the eighth Century, 
 by Charles Martel 
 
 HENRY Baron de GUNDEL- 
 FINGENy Abb.it of Sc. Gill m 
 Smjferland -^ with 16 Perlbns. He 
 was chofe in 141', and reilgn'd 
 his Abbey at the Council of Coii- 
 fiance in 1417. He was a very 
 good natur'd Prelate, and litter 
 for a retir'd Life than for that 
 continual State of War which rag'd 
 bet'yvixt the Abbey of St. Gall^ 
 :suid that of Cc/7. Gafpard Brufche, 
 
 from whom we have this Circum» 
 ftance, fays, that this Abbat lent 
 leferal Books of very great Value 
 to the Council of Conjiancey which 
 he never faw again (i). 
 
 PE^ER, Abbat of St. Melatt 
 in England ^ with eight Perfons. 
 
 CHRISriJN, Abbat of Sl 
 Mary in Hungary j with feven Per- 
 fons. 
 
 GJLIJtZ PIPJLIS, of St. 
 Sylvefire in Bohemia j with levea 
 Perfons, 
 
 FRJNCIS de PANSACLI- 
 NIS, AhbutofSt. St eph en' % in the 
 Diocefe of Bologna; with leven 
 Per Ions. 
 
 JOCIN, Abbat of St. Mary\ 
 in the State of Genoa j with two 
 Perfons. 
 
 yOHNde MERLO, Abbat of 
 Fulda ; with 3 S or 40 Perlbns. 
 The Ere£tion of this Abbey is 
 alcrib'd to the Piety of St. Boni' 
 face, Archbifhop of Mentz, and 
 to the Liberality of Carloman, 
 in the eighth Century. It was 
 burnt down in the Time of John 
 de MerlOj who caufed it to be re- 
 built, and inrich'd it with a great 
 many Ornaments. He dy'd in 
 14J.C. 
 
 JOHNde GOMIN, Abbat of 
 St. Alban, in the Diocele of yl/iTK/s j 
 with 20 Perlbns. There muft be 
 fome Miftalce in this Lift, or in 
 the Chronicle of St. Alban\ Mo- ■ 
 nailery by George Helviciis ^ in 
 whole Chronology I do not meet 
 with John de Gomin. Indeed I 
 find Herman there, who w:;s the 
 lafl Abbat of St. Albans j for in 
 
 CO Srstfch.Monafiir. Cirmaa. 
 
 1418
 
 of the Council of Constance." 
 
 4it 
 
 1418 or 1419 this Abbey o^ Be- 
 tiedinines was Icciilaris'd. The 
 lame Author fays, that Kevman 
 was at the Council of Conjiance^ 
 with 20 Perfons (i). 
 
 HUGH ie CJSTRO NOFO, 
 Abbac of St. Anthony de Fiennois ; 
 with 40 Perfons. This was at 
 firft but an Hoipital, but after- 
 wards a principal Abbey, of the 
 Order of St. jlugnpn. La France 
 Chretienne does not fay that Hugh 
 was at the Giuncil of Cotiftance^ 
 but that indeed he fent two Friers 
 thither in the Name of the Or- 
 der. VVc find in the fame Trea- 
 tile, that in 141 j, when Sigifmmd 
 was in Fraixr, he went to viiit the 
 Relicks of St. ji-athony. Hugh dy'd 
 in 14 1 7, and was lliceeded by Faucon 
 de Montchenu. Martin V, at his 
 Return from the Council of Con- 
 ftance, went to vifit St. ^nthony^ 
 with feveral Cardinals and Pre- 
 lates (;). 
 
 " JOHN., Abbat of Kemnitz^ in 
 Mifnia\ with fix Perlcns. 
 
 There were at the Council a- 
 bove 15 Abbats of the Diocefe of 
 Conjlance. I will only mention, 
 liach of them as I could arrive at 
 any Knowledge of, "viz. 
 
 ECHARD, Abbat of St. Ulricb 
 at CreutzUngeriy to whom John 
 XXIIi. gave the Mitre, as he 
 pals'd that way to Confimce (^). 
 He had Thirty Perfons with 
 him, 
 
 JOHNESSENDORPy Abbat 
 
 of We'iKgarten. This Abbey of 
 Benediftins Vvas founded in 80c, iu 
 the Reign of Charlenmm. 
 
 JOflNFRET, Abbat of Refers- 
 baufif!, where a Chapter of Bene- 
 diSlins ailembled during the Coun- 
 cil (4). This Abbey of Benedic- 
 tins was founded hyGebhardj Bi- 
 Jhop of Cotijlance, in the tenth 
 Century. Martin V. beftow'd the 
 Mitre on this Abbat. 
 
 Five Englifi Abbats-, with 220 
 Perlbns. 
 
 EBERHARD de SCHJUM- 
 BERG, Abbat of Bantz, in the 
 Diocele of ^Firtzboiirg -y with four 
 Perfons. This Abbat is call'd 
 Nobk HerOy by Gafpard Brufchy 
 but there muft be a Miftake in 
 his Account, bec&ufe if Eberhard 
 dy'd in 1404, as he lays, he wou'd 
 not have been at the Council in 
 1414. This Monafccry of ^f«(f- 
 diBins was founded in the eleventh 
 Century, by Alberadcy Countefs 
 of Bantz. 
 
 JOHNy Abbat de VilUers near 
 MetSy of the Ciftertlan Order 5 
 with ten Perfons. 
 
 JOHN de Bretagne, Abbat of 
 Morimondy in the Duchy of Bar, 
 in the Diocefe of Langres \ with 
 ten Perlbns. 'Tis laid inL<.-7 France 
 Chreticnney that this was the firft 
 Abbat that obtain'd the Mitre and 
 Ring. 
 
 FRANCISy Abh^t of Chateliers 
 of the Cijiertian Order, in the Dio- 
 
 (i) See Ker. Moguniln. Tom, II. p. (3) See this Hiflory, Vol. I. Book I. 
 773. Alt. 15. 
 
 (2) CaU. Chrif Tom. Ill- p. 58. b. (4) See this Hiftory, Vol. II, Book V. 
 
 Art. 12. 
 
 Fff 
 
 cefe
 
 412 
 
 A LI ST of the Members 
 
 cefe of Poi£liers ^ with eight Per- 
 ibns. 
 
 ALBER TdeOTE SHE IM, 
 Abbat of Mulbrunn^ of the Cifler- 
 tian Order, of the Diocefe of 
 Spire, in tlie Duchy of Wirtem- 
 Mg j with fix Perfons. This Ab- 
 bey was founded in the twelfth 
 Century, hy Gontier, QowntdeLy- 
 nmgeny Bifhop of Spire. 
 
 J O HN, Abbat of Brumbach, 
 in Franc onicif in the Diocele of 
 Wirtzhourg \ with ten Perfons. 
 
 GUERMIG, Abbat of a Mo- 
 nailery in Swabia, which in Latin 
 is call'd Jugia Minora in High 
 Dutch die MinderoWj of the Or- 
 der of PremonJlrantSy founded in 
 the tenth Century. This Abbat 
 is call'd by Brufchius GERUNGUS 
 Churivaldenfts. He was eleded in 
 i5P(<, and held the See 20 Years. 
 lie had eight Perfons with him. 
 
 JOHN de CAStELLO, Ab- 
 bat of St. Loup de JroyeSy in Cham- 
 pagne \, with eight Perlons. His 
 Name is not mention'd in h France 
 Chretienne. 
 
 PETER AALLANTy Abbat 
 of Filleloii'!, in Tcuraine. He was 
 chofe at tiie Council of ConftnncCj 
 where he ob^ain'd a Dilpenfation 
 from paving the Subfidy which 
 Charles VI. had imposed upon the 
 King of France. This Abbey of 
 BenediSlins was founded in 850, 
 by Charles the Bald. ,t-.e had liiree 
 Perlons to nttend him. 
 
 ANDREW, Abbat of St. ^'7,;- 
 tent at Brejltw ; with five Perlons. 
 This Abbey of BenediUlns was 
 
 founded about the middle of the 
 twelfth Century, by Peter the 
 Dane. 'Tis reported that this 
 Peter being cited to Rome for his 
 Crimes, and condemn'd to build 
 this Church, ere£led no lefs than 
 77 Churches, The Abbey of St. 
 Vincent afterwards chang'd its 
 Black Monks to White ones, and 
 pals'd into the Order of Premon- 
 firants ( 1 ). 
 
 THOMASy Abbat of St. Trinity, 
 in Hungary \ with fix Perfons. I 
 am told by a learned Hungarian (2), 
 that this Abbey lies near Atams, 
 towards the Town of Gyongyos. 
 
 JOHN de MARTINI AC, Ab- 
 bat of the Cijiertians, in Burgundy. 
 In 1 41 6. he was nt the Council 
 in the Name ot the whole Order, 
 with live Perfons. The Abbey of 
 Cifterttans was founded about the 
 Clofe of the eleventh Century, by 
 St. Robert^ Abbac of Molefme, 
 and endow'd by Otho I, Duke of 
 Burgundy. 
 
 ROBERT de C HA UDES:, 
 SOLE, Abbat of Cluny, in Bur- 
 gundy, Proftor for his Order ad 
 the Council of Conftance j with tea 
 Perfons. This Abbey of Bene- 
 diSiins was founded in 910, by 
 the Abbat Bernon, and by the Fa- 
 vour of William I, Count d'Au- 
 vergne, and Duke of Guienne. 
 
 There are many other Abbats 
 and Abbeys in this Lift, which 
 are nor to be found in La Franca 
 Chretienne. The following are 
 fbme ALbats of Germany, who, 
 according to the Report oiGafpard 
 
 (i) Mart. Rank, it Slhf. Rih ^. ^84. 
 (a) Sauh Cyongyeski, D. D. a Ptielt of 
 
 the Churcli of England, and Paftor of the 
 Cnhinifi Church ofCafchaw in Hungary. 
 a • Brufche^
 
 «?/ the Council <?/ Constance. 
 
 4^3 
 
 Brufche, were at the Council of 
 Conjlanccy tho' they are not down 
 in this Lift. 
 
 WILLIAM du LAC, Abbat of 
 jinhufen, in Szvabia. This Abbey 
 was founded in 5158 ; and this Ab- 
 bat dy'd in r_i4?. 
 
 FREDERICK de LOU BEN- 
 BERG , Abbat of Kempt en, in 
 S'jjabia. This Abbey of Bencdic- 
 tim was founded in 777, by the 
 Queen Hildegarde, Wife to Chark- 
 niain. This Abbat was at the 
 Council of Baftl, and dy'd in 145^. 
 
 SIGEFRID, Abbat of Elwan- 
 gen, in the Diocefe of Langres, 
 This Abbey of BenediEfins was 
 founded about tlie Clofe of the 
 eighth Century. The Abbat was 
 eletled m 1401, and govern'd i6 
 Years. 
 
 ARNOLD, Abbat of Heihhrcn, 
 of the Ciflertlan Order,, in the Di- 
 ocefe of Bamhtrg. This Abbey 
 was founded in the twelfth Cen- 
 tury. This Abbat dy'd in 1428. 
 
 NICHOLAS HEIDENRICH, 
 Abbat o'i Langenhem, in the Dio- 
 cefe of Bamberg, dy'd in 1428. 
 This Abbey was founded in the 
 twelfth Century. 
 
 HENR r MEER S TE TER, 
 Abbat of Martal, a MonaRery of 
 the Order of Premonjlrams, in 
 Sivabici. 
 
 CONRAD U, Abbat of the 
 Monaftery of Waldfajj'en, in Ba- 
 varia, which was founded in the 
 twelfth Century. 
 
 Next to ihe Abbats follow 
 14 Auditors of the Rota, all Doc- 
 tors j W'lh i:oPerfons^ then the 
 Pope's Secretaries, to the Number 
 of 18, withabout tjo Pcrfons^ the 
 
 Writers of the Apoftolical Bulls, 
 to the Number of 142, with each 
 three Perfons; the Writers of the 
 Penitentiary, to the N umber of 4 7, 
 with one Perfon each ; 670 Scrive- 
 ners of France, England, Italy,, 
 Bohemia, and other Places, fome 
 alone, others with one Man each ; 
 275 Attorneys, of the Pope and 
 Cardinals, with one Man each; 
 1 2 Vergers •, 1 500 Brokers,Car/(/^«j 
 quoireperiindomibus. M. D. 1800 
 meerPriefts, 73 Bankers o^ Francs 
 only, 24 Porters or Door-keepers j 
 1'utores Oftii auli^. About 250 
 Doftors of feveral Countries, ft>me 
 with more, others with fewer At- 
 tendants } about 125 Provofls and 
 other Prelates of divers Kingdoms, 
 Countries, Cities, Communities, 
 t^c. feme, with more, others with 
 fewer Attendants. 
 
 TEMPORAL PRINCES. 
 
 1 . SIGISMOND, King of the 
 Romans and of Hungary^ Son to 
 the Emperor Charles IV, and Bro- 
 ther to Wencejlaus King oi Bohe- 
 mia, of the Houle of Luxembourg'^ 
 with his Confbrt Barba, Counte'^ 
 de Cilh'i , and other Ladies of 
 great Qiiality. They had no 
 lefs than looo Perlbns in their 
 Retinue. 
 
 2. kODOLPH, Eleflor of 
 Saxony, Great Marflial ot'the Em- - 
 pire ;, with i 80 Perfon s. 
 
 :. LEWIS, Duke of Bavaria, . 
 Count Palatine of the Rhine, E- 
 lector Palatine, Great Cup-bearer- 
 of the Empire ;, with , Otho his ; 
 Brother. They had together ^00 
 Pcrfons in their Retinue. Fre- 
 quent.
 
 4H 
 
 A L I ST of the Members 
 
 qaent Mention has been made of 
 this Eleitor, in this Hiftory. 
 
 4. LEIVIS, Diike of Bavaria 
 of hgnldjlat, Count de Mortin^ 
 Brother in Law to Charles VI, 
 King of FrawiTi? } with 500 Per- 
 fons. Ke is likevvile often men- 
 tion'd in this 1-iiftory. He was a 
 very turbulent Prince, had con- 
 tinual Wars with his Coufm-Ger- 
 mans, and even with his own Son, 
 Lewis the Hump-back'd, which 
 oblig'd the Emperor Frederick III, 
 to profcribe him: After having 
 been four Years in Exile, his Son 
 Le'-ivis took himPrifoner. Lewis dy^ 
 ing 144', the Marquis Albert III. 
 Duke of Bavaria fold the father 
 for 3 200 Florins, to Henry de Land- 
 foiity Duke of Bavaria. He dy'd 
 at length in Prifon, in the Year 
 
 J447(0- 
 
 5. HENRY de LANDSHUf^ 
 Duke of Bavaria, furnam d the 
 Rich} with 200 Perfons {p!). 
 
 6. WILLUM, Duke of Bava- 
 ria ; with 160 Perfons. This 
 Prince is highly extolfd in Hi- 
 ftory for his great Virtues. He 
 was Proteftor of the Council ofBa- 
 
 Jil, for th; Emperor Sigifmond (;). 
 
 7. LEfVIS, Duke of Ligniiz and 
 Brieg in Sile/ia > with i 25 Per- 
 fons (4). 
 
 8. FREDERIC A", Duke of 
 Aujiriii; with soo Perfons. 
 
 9. HENRY RUMPOLT, Duke 
 de Sagarij Lord ofGroJfen^ of Glo- 
 kaw in Silefta ; with ^ ; Peribns. 
 This Duke and his Brothers gave 
 
 (i) Ban. Par^eut's Hift. Bnvaf. Palat. 
 
 '(z) See this Hiftory, Vol. II. Book V. 
 Art. 8. Book VI. Art. i-. 
 
 Sigifmond Afiiftance againfl the 
 HuJJitcs. 
 
 10. ALBERT, Dukeof Mefi6- 
 hmhiirg ; with 2c Peribns. 
 
 • I. KJRIBUT, Duke of White 
 Riijjia-^ with 20 Perfons. 
 
 12. fFASLJy Duke of mi- 
 gaft j with 26 Peribns. 
 
 13. ULRIC de DECK, Duke j 
 with 24 Perfons. 
 
 14. REINARD in URS LIN- 
 GEN ^ with ten Perfons. 
 
 IT. JOHN, Duke of Stettin; 
 with 44 Peribns. 
 
 16. PETER, Duke of Lindow ; 
 with 25 Peribns. 
 
 1 7. JOHN CROP ID LO, Duke 
 d'Opekn (ppolium') in Silefia, Bi- 
 ihop of Uladijlaw in Poland > with 
 22 Perfons. This Bifhop met 
 with a great many Dilappoint- 
 ments. He was firfl: Biihop of 
 Pofen, by the Recommendation 
 of Lewisy King of Hungary and 
 of Poland, whom Pope Urban VI, 
 was willing to retain in his Obe- 
 dience. The Archbiihop dying in 
 158c;, Boniface Y^. eftablifh'd CV<?- 
 pidlo in this Archbiihoprick, con- 
 trary to the Mind of the Chap- 
 ter, and without the Conlent of 
 Ladijlaus then King of Poland, 
 who being incens'd at this Con- 
 tempt put upon him, caus'd Cro- 
 pidlo to be arreiled, took away all 
 his Eflate from him, and then 
 banilh'd him. After he had fuf- 
 fer'd fome Years Exile, the King 
 permitted him to return to his 
 Biihoprick of Uladifaw. This 
 
 C5) Ban. Par. tih. fupr. p. 9-, 9S. 
 (4) See this Hiftory, Vol. II. Book V. 
 Art. 32. Book VI. Art. 67. 
 
 Prelate
 
 of the Council ^Z" C o n s t a n c 2. 
 
 4^5 
 
 Prelate had won the Heart of 
 Alexander Witholdy Great Duke 
 of Lithuania^ by his Jefts. They 
 jay that one Day as LadiJIaus 
 was regaling Sigifmond^ after the 
 Converliition was brighten'd by 
 the Circulation of the Wine, Cro- 
 pidla lliid before all the Company 
 at Table, If God had empoiver'' d 
 VIS to plant Kings y Iivould not plant 
 LadiOaus's and Sigilhionds, but I 
 would plant a great many Witholds. 
 He met with an unlucky Adventure 
 in 1 4 1 1 . The Dukes of Opelcn^ 
 his Brothers, having made a Sei- 
 zure of Ibme Merchandife which 
 belong'd to the Citizens of Bref- 
 law, the latter took a fweet Re- 
 venge by confining Cropidlo a Pri- 
 jfoner in the Town-Houfe, for a 
 whole Year. He was at Conjlance 
 all the Time of the Council, and 
 dy'd in 1-121 (a). 
 
 18. CHARLES y Duke of Lor- 
 raiKy Anthony his Son, and Fre- 
 derick his Brother J with p8 Per- 
 fons. 
 
 19. PHILIP and Michael de 
 Troppiy of Greece j with 21 Per- 
 fons. 
 
 There were five Markgraves 
 and Burgravcs j with 680 Peribns 
 in their Retinue. 
 
 Eighty three Counts, Ibme 
 with more, others fewer Atten- 
 dants. 
 
 A prodigious number of Gen- 
 tlemen , Knights and Efquires, 
 call'd in the German^Hon^wc, Freyn 
 Hitter, Knechte. 
 
 FOREIGNERS. (^Extranet) 
 
 45: Goldfmiths, including their 
 Journeymen. 
 
 3 30 Shopkeepers, including their 
 Men.- 
 
 242 Bankers, with their Foot' 
 men. 
 
 70 Shoe-makers. 
 
 4S Furriers. 
 
 44 Apothecaries. 
 
 92 Smiths, 
 
 75 Confectioners, {Piftores Ba- 
 Jlillaruni.') 
 
 250 Bakers belonging to the 
 Pope, the Cardinals, and other 
 Lords. 
 
 83 Vintners of the Wine of" 
 Italy. 
 
 43 Viftuallers for the poorer 
 Sort. 
 
 48 Money-changers 0^ Florence.- 
 
 228 Taylors. 
 
 (5y. Heralds at Arms, or pub-- 
 lick Cryers. 
 
 346 Jugglers or Merry -An-- 
 drews (Jlijlrionesy PufunatoreSj £5* 
 eorum fimiles.') 
 
 506 Barbers. 
 
 700 Common Women, whole 
 Habitations were known to Dacha; 
 the Author of the Lift \ the Ficn- 
 na Lifi- reckons up 1500 of 'era. 
 
 I have Ibme Remarks to make : 
 as to this Lift. I. I have let down ■ 
 the Cocbrs, Counts and Geatls- • 
 men in the Grofs, becaufe they- 
 were not lufficiently known to be " 
 treated of in the lame Method as 
 the abovemention'd, II. This Lift 
 only contains thole who were ac 
 
 C<») Mart, mnK de Silef. Indigen. Erud, Cap. XXII. 
 
 thj
 
 4\6 yi LI ST of 
 
 the Council the two firft Years. 
 III. 'Tis extremely faulty, but 
 has been corrected with the utmoil 
 Care, according to La France Cbre- 
 fieme, Italia ^ Jnglia Sacra, the 
 Ecckfiafiical Hiflury of Germany, 
 tlie hiiftory of the Univerlity of 
 Paris, and other Works ; lome 
 Pairage? of which \\ orks, the Lift 
 may hkewife be of Uie to cor- 
 real, IV. M. Von der Hardt {a) 
 lays, that in the German Tongue 
 he has other Lifts of the illuftri- 
 ous Members of the Council, drawn 
 up by Munfier, Dacber, Reicben- 
 tal, i^c. V. The following is a 
 Memorial, taken from the JVI S S. 
 of Vienna, which I pubhfh in La- 
 tin, for the Sake of fnch as are 
 curious to fee Things of this Na- 
 ture. 
 
 Perbrcv'is defcriptio hofpitutn in 
 Concilia Confiantienfi fatorum^ 13 
 annonce. 
 
 Ex antiqtiijjimo Codice M S C. 
 Vindobonenfi Eljirawiano. 
 
 De numero perfonarum Conci- 
 lii , valore rerum veMlium , (y 
 de acquifitime muUimoda pecimia' 
 rum. 
 
 In prafenti Concilio fuerunt Mi- 
 lites plus XXIIIC quorum nomina 
 non poffunt confcribi. i. e. 2300 
 Knights. 
 
 Item ibidem computati funt 
 XVIIIM Prislatorum Sacerdotum 
 & Presbyterorum. i.e. 1 8000 Pre- 
 lates, Priefts and Presbyters. 
 
 Item ibidem fuerunt LXXXM 
 Laicorum qui fuerunt advents, i, e. 
 
 the Members" 
 
 There were 80000 Laymen, who 
 were Strangers. 
 
 Item XVC Mcretrices vagnbuii- 
 die. i.e. i s 00 Vagabond- Whores. 
 
 Item confcripti erant XXXVIM 
 leSii pro arhenicntibas. i. e. ^6000 
 Btds for New-comers, 
 
 Item unus lepus folvit unam U- 
 brain hall, ^ po/lea emptas fuit 
 pro uno plajfer, 13 circir 
 
 Item pabulum femper fuit in bo- 
 no foro, ita, quod non la^uit ultra 
 i^fol. fed communiter folvit zo (3 
 ii. i. e. Provilion always bore a 
 good Market Pricfe. 
 
 Item dicebatur quod plufquam 
 VC homines de noiie ftnt fubmerfi 
 in lacu. i. e. Above 600 Men were 
 drown'd by Night in the Lake. 
 
 Item una, Gallina folvit V foli- 
 ■'dos hall. 
 
 Item Jfperiolus VI plaffer. Item 
 una Columba z plaffer. 
 
 Item 5 Rof^ pro uno fol. Item 
 duo pueri lucrati funt iilibras hill, 
 de fceno quod Icvavenint de terra, 
 quando portantibus diQum fcenum 
 cecidlt. 
 
 Item juvenis fcrofa la£lanSy oElo 
 plapph. 
 
 Item dicitur quod una meretrix 
 lucrata eft VIIIC Florenos. i e. One 
 Whore gain'd Soo Florins. 
 
 Item I lilium album pro folido. 
 
 Item duo pueri lucrati funt L 
 florenos cum foeno quod levaverunt 
 de terra, (3 hoc proteflatum eft irt 
 bofpitio apudcrucem ancam. 
 
 Item ftnguli pueri lucrati funt 
 IIIIC libias de fceno^ quod cum 
 raftris collcgeriint. 
 
 («) Tom. V. p 5Z. 
 
 Item
 
 of the Council of C d N s t a N c e.' 
 
 417; 
 
 Item quiiam Civis Conjlantienfts 
 •vendidit uxorem fuant Cancellariis 
 Regis pro VC Ducatiiy fro quibus 
 pecuniis emit domumy i. e. A Ci- 
 tizen of Conjlance fold his Wife 
 
 for 500 Ducats, to the Officers 
 of the King of the Romans Chan- 
 cery, and bought a Hoiife with 
 the Money. 
 
 Thus ends the LIST of the Members 
 of the C O U N C I L. 
 
 Vol. IL 
 
 Ggg 
 
 Journ:al
 
 ^KPiiie J,u/p. 
 
 JOURNAL of the 
 Council o^ CONSTANCE, 
 
 DRAWN UP 
 
 By *D. VON T> E R H A RT>T. 
 
 And tranflated with Additions in fome Places, and Abbrevi- 
 ations in others, by the Author of this Hiftory. 
 
 
 
 "^^^^^^^jl H E Emperor Sigifmond and Pope John XXIII, hav- 
 li^ftsJt^^- ing agreed at Lodi^ in November , 141 3, to allemble 
 'iilpSIB ^ Council at Conftance on thefirft of November^ 1414, 
 ... ; T!^:(;i;,. jj^jg Cardinal de Fhiers arriv'd there on the 12th of 
 Auguft^ in order to prepare all Matters for the Re- 
 ception of the Pope, who fet out himfelf for thaC 
 City on the fixth ot OUober following. 
 
 M.ccccxiv. OCTOBER. 
 
 iij I'* 135 JOHN Has fets out for Conftance. 
 15. JOHN XXIIL makes a Treaty with Frederick oi Aiifirm't 
 at Merariy in his Way to Conjiance. 
 
 G g g a i^j i??
 
 420 AJOVRNALof 
 
 J 6, if, 1 8. SJGJSMOND fends a Safe-Condna from Spir9 
 to John Hus. 
 -.2. J O UN Bins arrives at Nuyembergy where he receives his 
 
 Safe-Conduft. 
 
 23, 24, 25, 2(5, TliE Pope is thrown off of his Equipage, as he 
 is paffing the Mountain of Arleberg^ and thinks it a b:id Omen. ■ 
 
 27. The Pope gives the Mitre to the Abbat de CreutzUngen. 
 
 28. The Pope enters Conftance with nine Cardinals, and appoints 
 the firft of November for opening the Council, 
 
 31. The Pope and the City of Confiance makes Prefents to each 
 other. He celebrates Mais. He eftablilhes the Auditors of the Rota, 
 
 M.CCCCXIV. NOVEMBER. 
 
 I. The Opening of the Council is deferr'd three Days. 
 
 I. Six of John XXIIId's Cardinals come to Town. Twelve Au- 
 ditors of the Rota are appointed to try Cauies. 
 
 3. The Opening of the Council is again deferr'd. John Hus ar- 
 rives at Confiance. 
 
 4. The Pope afiembles aConfiftory, in which the Arrival of 7"^® 
 i^s is notify'd. 
 
 5. The Council is open'd. 
 
 7, 8. The Emperor is crown'd at yiix la Chapelle. 
 
 5). The faid Coronation is notify'd to the Pope. 
 
 10. More of John XXIU's Cardinals arrive. A General Con- 
 gregation. A Proceffion. The Pope forbids the Members of the 
 Council to retire without his Leave. 
 
 II, 12. The Divines alfemble to confider of the Affairs to be 
 ti'cated of in the Council, to regulate the Order of the Seflions, and 
 to fix the Officers. 
 
 13, 14, 15. A General Congregation upon the fame Subjeft. 
 
 16. The First Publick Session. 
 
 17. The Arrival of the Cardinal di Cambray. 
 
 18,19. GREGORT Xn. puts up his Arms, and John XXIII. 
 takes them down. 
 
 20. A General Coi gregation upon that Subjeft.] 
 
 21, 22,, -3, 24. An Alfembly of the Deputies to confider of the 
 Order to be obferv'd in the City. 
 
 2<;, 25, 27. The Arrival of the Count de Cillei, the Emperor's 
 Father-in-law ; and of the Ambaffadors of Albert Duke of Aiifiria. 
 
 28. Assembly of the Cardinals concerning yo/:'^ /7«^, who is arretted, 
 
 29, 30. Advice is come of the Arrival of the Emperor.. 
 
 M.ccccxiVx
 
 ;f^^ Council ^ Constance. 421 
 
 M.CCCCXIV. DECEMBER. 
 
 1". A General Congregation upon the Affair of John Hiif. 
 
 7. The Arrival of the Ambaffadors from Ez-iglancf. Aflembly 
 
 of the Prelates concerning the Union and Reformation of the Church, 
 
 10. The Cardinal of Cambray prelfes the Refignation of the three 
 Competitors. The Emperor writes to the Pope for the Enlargement 
 of John Hus. 
 
 11, 12, r?. There arrive more of John XXIII's Cardinals. 
 17. The Second Seffion put off, by reafon of the Emperor's 
 
 Abfence. 
 
 18, 19, 20, ai. The Arrival of Ambaffiidors from France. 
 
 — — 2 J.. C HL U M caufes Papers to be fixed up, complaining of 
 the Detainer of John Hus in Prifbn. 
 
 25. The Emperor's Arrival at Conflance. 
 
 28. The Cardinal of Cambray makes a Difcourfe concerning;, 
 
 the Office of the Emperor, the Pope, and other Members of the 
 Council, in the Affair of the Union and the Reformation of the 
 Church. 
 
 29. A General Congregation in the Emperor's Prefence, 
 
 5 c. RODE R's Speech concerning the Union and the Reformat 
 tion of the Church. 
 
 M.CCCCXV. JANUARY. 
 
 1. An Aflembly of the Deputies to obtain Leave of the Emperor 
 to take Examinations againft John Hus. 
 
 2, 3. JOHN Hus is remov'd to thz Dominicans Prifon. 
 
 4. A General Congregation concerning the Manner of receiving 
 the Legates from Gregory XII, and BenecUB XIII. 
 
 5. The Arrival of Frederick^ Burgrave of Nuremberg. 
 
 6. An AfTembly of the Commiflioners of the Pope, the Emperor, 
 the Prelates, and of the Magiftracy of Conflance^ for the Regulations 
 of the Police. 
 
 •7. The Arrival of the Grand Mafler of the TeutonickOx'^i.Q'C. 
 8, 9,10. The Arrival of the Legates of ^fWi^/<3 XIII, and the 
 Archbifliop of Gnefna. 
 
 11. The Bifhop of Pofen harangues the Emperor. 
 
 12. A General Congregation ab'jUL 5(f^W/ff's Legates. The Arri-- 
 val of the Bilhop of Paffnixi and the Archbilhop of AT/i/ot. 
 
 . 13. A General Congregation upon the Arrival of the Ambailidors 
 firotn the King of Arragon. 
 
 1^. The Bilhop of Pofen exhorts 7(?/.^ XXIII. to refign. 
 
 2 i^, I^.:
 
 422 AJOVRNALof 
 
 i<r, \6f 17, 18. The Arrival 0^ Lewis of Bavaria o? Ligoldjlaf, 
 the Eleftor Palatine, feveral Biftiops of the Obedience of Gr^^orj XII, 
 feme Bifhops of Lithuania, and of Henry of Bavaria of Landfiut. 
 
 ip 24. The Arrival of the Eleftor of Afentz, of the Car- 
 
 .dinal de Ragiifa, of Frederick of Aaflria, and fome other Princes. 
 
 25. The Allembly of the Nations concerning the Refignation of 
 Gregory XII. 
 
 28, 2<;, 30, 31. The Arrival of Paul Foladimir, Ambaffador froiti 
 Poland^ and of leveral EnglijJj Prelates. 
 
 M.ccccxv. FEBRUARY. 
 
 ij 2. The Canonifation of St. Bridget. 
 
 4j 5, 6. The Arrival of Legates from BenediSl, and of leveral Gran- 
 dees from Spai-,!., and of the Amballadors from Hungary. 
 
 7. An Aifembly of the Nations, wherein it is relblv'd to vote by 
 Nation in the Publick Seffions. 
 
 8. An AlTembly of the Nations to take Examinations againft 
 John XXIII. 
 
 9. The Arrival of the Archbiihopof Strigonia^ and of the Arch- 
 -bilhop of Colocza. 
 
 11,12, n, 14. Several Memorials are exhibited againft 
 John XXIII. 
 
 15. The Duke of Milan does Homage to the Emperor. An Af- 
 fembly of the Membei's, concerning the Refignation of the Rival 
 Popes. 
 
 16. Another AlTembly on the fame Affair. A Form of liich 
 Refignation is prefented to John XXIII. 
 
 17 The Arrival of the Archbilhop of Narhonne. Several Affem- 
 blies of the Nations concerning the Form of John XXIII's Refig- 
 nation. Arrival of Deputies from the Univerfity of P^m. 
 
 18. The Emperor's Speech upon the Union of the Church. 
 
 20, 21, 22, 25, 24. The Affembly of the German Nation for uni- 
 ting with the Deputies of the Univerfity of Paris, in the Affair of 
 the Union and the Reformation. 
 
 25:, 2(5, 77, 28. An Affembly of the Nations concerning the Re- 
 fignation of John XXIII. 
 
 M.CCCCXV. MARCH. 
 
 1. A General Congregation in the Prefencc of the Emperor, 
 wherein John XXIII. abdicates the Pontificate, 
 
 2. The Second General Session, wherein ^i*^^'^ XXIII. rc- 
 .peats his Refignation. 
 
 I.JOHN
 
 the Council of Constance^ 425 
 
 ■>'. JOHN Hus is remov'd to the Francifcans Prifbn." The Em- 
 peror hinders the Pope from proceeding againft John Hus. The Ar- 
 rival of Charles de Malatefleta Proftor of Gregory XII. 
 
 4. A General Congregation in the Emperor's Prefence concerning 
 his Journey to Spain. Conventions relating to that Journey. 
 
 5. JOHN XXIII. is importuned in vain to grant a Bull of his ^ 
 Refignation. The Arrival of leveral AmbalTadors from France. 
 
 6. 7, 8. JOHN XXIII. grants the Bull of his Refignation. The 
 Arrival of John Amadeus Cardinal de Saluces. 
 
 g. JOHN XXIII. is prefs'd to appoint Proflors for making 
 his Refignation. Upon his Refulal the Emperor caules the Gates of 
 the City to be Ihut. 
 
 10. The Pope confecrates the Golden Rofe, and gives it to the 
 Emperor. 
 
 11, 12, 13. A General Congregation to confider of the^Ele£lion of 
 a new Pope, wherein the Biihop of Afentz pleads warmly in favour 
 of John XXIII, while the Biihop of Salisbury maintains that the; 
 Pope ought to be burnt. Another Aflembly of the Nations upon the 
 lame Subjeft. 
 
 14. A Congregation in the Pope's Palace, wherein Complaint is- 
 made of the Ihutting of the City Gates. 
 
 15. A General Congregation in the Emperor's Prefence to oblige 
 John XXIII. to continue and maintain the Council. 
 
 16. A General Congregation in the Pope's Palace, in which an 
 Anfwer is return'd to the Demands of the preceding Congregation. 
 
 17. An Alfembly of the Nations to oblige the Pope to appoint the; 
 Proftors for his Refignation, and not to difiblve the Council. 
 
 18. Another AfTembly of the Nations wherein the Italians are- 
 willing to dilpenfe with the Pope's Refignation by a Proftor. John: 
 XXIII. contrives how to withdraw himfelf. 
 
 ip. An Aflembly of the Nations in the Prelence of the Emperorj, 
 wherein the Englijh move that the Pope may be put under an Arreft. 
 Another Aflembly on the fame Aifair. The Emperor forbids the 
 Duke of Auflria to favour John XXIII's Efcape. The Emperor 
 goes to vifit the Pope to hinder him from quitting Couftance. The 
 Bifliop of Salisbury tells John XXIII. to his Face, that the Council 
 is above a Pope. 
 
 20. The Efcape of John XXIII. by favour of a Tournament which 
 was given by the Duke oi Juflria. The Elcape of the Duke alfo. The 
 Pope writes from S chaff haafen to the Emperor, to exculc his Elcape. 
 
 21. The Emperor declares publickly that the Council is not dil- 
 folv'd by the Abfencc of the Pope. 
 
 A General Congregation in the Emperor's Prefence, declaring the 
 Council to be continued. The Emperor publickly impeaches the 
 
 3 Duke.
 
 454 A J O V R N A L of 
 
 T)uke of Aujiria of having betray'd the Council. A Deputation is 
 ■fent: to John XXIII. on the Pare of the Council and Cardinals. 
 
 GERSON receives an Order to pronounce a Difcourfe upon 
 the Authority and Superiority of the Council. John XXIII. fends 
 his Apology. John Bus is put into the Cuftody of the Biihop of 
 ConJiancCj from whence he is remov'd to Gotleben. 
 
 22. An AfTembly of the Nations. The Cardinals are invited to 
 hear Gerfons Speech, which they refufe. A Conference between the 
 Emperor and the Cardinals. Gerfon makes his Speech. Departure 
 of the Legates for Schaffhaufen, to which the Pope recalls his Court. 
 
 23. Some of the Cardinals follow the Pope to Schaffhaufen- 
 
 2q. The Archbifhop of Rheims^ who was lent to Scaffhaufen^ returns. 
 The Emperor alTembles the Nations to hear his Report. 
 The Council is confirm'd in its Authority. 
 
 ■25-. A General Congregation to confider whether the Cardinals 
 •fhall be admitted at the Seflions. 
 
 ^6. The Third Session, wherein the Authority of the Council 
 is confirm'd notwithftanding the Ablence of the Pope. The Bifhop 
 of T'okntins Propofition againft the Elcape of John XXIII. The 
 ■Cardinals who were deputed return to Conflance. 
 
 27. Four of the fugitive Cardinals return to Conftarice. The Pope 
 again recalls his Court. The Cardinals make their Report in an Af- 
 fembly, wherein there were very bitter Speeches. The Archbifhop 
 of Pifa makes Propofitions on the Part of the Pope. War is de- 
 clar'd againft the Duke of Aufria. 
 
 28. The Pope again fummons his Cardinals. An AlTembly full of 
 Debates concerning the Authority of the Council. Seveial of the 
 Duke of jitiflrias Vaffals abandon him. 
 
 29. A General Congregation before the Seffion. An AfTembly of 
 the Cardinals to oppofe the Publication of the Decrees concerning 
 the Superiority of the Council. The Pope flies to Lauffenbourg. 
 
 5 c. A General Congregation concerning the Oppofition made by the 
 Cardinals to the Publication of the Decrees. 
 
 The Fourth Session , concerning the Superiority of the 
 Council. 
 
 M.ccccxv. APRIL. 
 
 1. An AfTembly of the Nations concerning Zabarella's Omifllons. 
 An Inveftive againft the Cardinal upon that Account. 
 
 2. An AfTembly of the Nations, in which 'ds refolv'd to read the 
 Decrees curtail'd by Zabarella, at full Length. 
 
 4. The Pope's Letters to the Council. Jerome of Prague arrives 
 at Qonfiance. 
 
 5. A
 
 the Council <?/ C o n s t a n c e. ^25 
 
 5. A General Congregation concerning the Pope's fecond Flight. 
 
 6. The Fifth Session, in which the Decrees curtaii'd by Za- 
 bardlfi are read at fiill length. They refolve to notify the Pope's B'lighc 
 to all Chriflendom. The Fmperor undertakes to fend tor John XXIII. 
 The Cardinals ftiokle hard for the laid Pope. Penalties are decreed 
 againft thole who retire from the Council without Leave. 
 
 7. The Deputies of the Nations aflemble to hear the Apology for 
 John XXIII. Frederick of Aiiflria is again iLimmond. Jerome of 
 Prague demands a Safe- Conduit. 
 
 8. An Aflembly of the Nations to provide for the Dilpatch of 
 Affairs of Juftice, and of Matters of Faith, nocwithrtanding the 
 Pope's Ablence. 
 
 9. An Alfembly to procure the Difpatch of the Affairs of the 
 Roman Cliancery, notwithftanding the Pope's Ablence. Jerome of 
 Prague not being able to obtain fuch a Safe-Condud as he delir'd, re- 
 turns to Bohemia. 
 
 tc. JOHN XXIII. efcapes to Fribourg^ from whence he writes 
 to the Council. 
 
 ir. An AfTembly of the Deputies of the Nations to difpatch a 
 Safe-Condufl: to Jerome of Prague^ and to oblige the Pope to keep 
 his Word. 
 
 13. An Aflembly of the Nations to examine the Pretenfions of 
 John XXIII. The Mendicant Friers are forbid to retire from Coun- 
 cil. The Safe-Condulb granted to certain Cardinals are revok'd, be- 
 ■caufe they abufed them. 
 
 15. The Death and Elogium of Emanuel Chryfolorus. 
 
 16. JOHN XXIII. flies to Brifac. An Affembly of the Na- 
 tions to regulate the Affairs of the Sixth Seffion. 
 
 17. The Sixth Session. A Form is drawn up of the Pope's 
 Letter of Attorney for his Refignation. The Citation of Jerome of 
 Prague is relblv'd on. The Opinion of the Cardinals is demanded 
 concerning the Books and Articles of IVickliff. Defamatory Libels 
 are prohibited. Articles againft the Pope and his Cardinals. Let- 
 ters from the Univerfity of Paris to the Council, and from the Coun- 
 cil to leveral Kings and Princes. 
 
 18. J E RO ME of Prague is liimmon'd for the firfl: Time. A 
 Safe-Conduft is contriv'd for John XXIII. An Aifembly of the 
 Cardinals to defend their Right of Suffrages. An Aflembly of the 
 Nations on the lame Subjeft, Divers Affemblies of Cardinals, Di- 
 vines and Civilians, to confider whether the Articles of WicUiff 
 ought to be condemn'd in the Name of the Council, or of the Pope, 
 or in the Name of both. 
 
 19. Cardinals are deputed to John XXIIL tq have his Let- 
 ter of Attorney. 
 
 Voi., II. H h h 53. Thb
 
 425 A J OV R N A L of 
 
 21- The Council's Legates meec Jobn XXIII. at Brifac, and 
 come baclc diignfted^ 
 
 25. JOHN 3\XIII. flies from Brijlxc to Ne^jjenbourg. Jei-cmeo^ 
 Prague is ftop'd on the Road to Bclemia. 
 
 25. Matters are in Treaty for the Reconciliation of the Dnke 
 o^ Jitfiria to the Emperor, and for the Pope's Return. 
 
 2", 28. The Pope promiles to lend his Letter of Attorney. He 
 praftifes Simony at Fribourg. 
 
 zg. The Legates return from Fribourg re infecia. 'Tis relblv'd to 
 Hiramon John XXIII. 
 
 30. The Duke of Juftria returns to C(mfian:e. John XXIII's 
 Legates bring a Letter of Attorney from him, which the Council does 
 not approve of 
 
 M.ccccxv. M AY. 
 
 1 1 A Generj^-Congregation for ilTuing a Summons to John XXIII, 
 and Jerome of Prague. 
 
 2. Another AfTembly of the Nations for or againft the Right 
 of Cardinals to give their Suffrages. 
 
 Session the Seventh. Johyi XXIII. is cited, and Jerome of 
 Prague acculed of Contempt of the Council. He is fummon'd a lecond 
 Time. A Safe-Conduft is fent to John XXIII. 
 
 3. Envoys are admitted from the lEXt'iiox of Mentz. 
 
 4. JEROME of Prague is cited a third Time, as well as the 
 TJlckliffites. 
 
 Session the Eighth. WickV.^s Memory and Books are con- 
 demnd. John XXIII. is cited. 
 
 The Return of ibme Cardinals to Conjiance. 
 
 5. The Duke of Aufiria, is reconcil'd to the Emperor, by putting 
 all his Dominions into the Hands of his Imperial Majefty. 
 
 p. A Meffage is lent to Fribourg to carry Pope John XXIII's 
 Summons, and to bring him back to Cor.Jr.iKce. 
 
 ic. He pretends a Defire to return thither. 
 
 ir, 12. An Enquiry is made into the Dilpute between the Polis 
 and the Teutonick Order. John XXIII. nominates certain Cardinals 
 to defend his Caufc They refufe to plead it. 
 
 j:. Session the Ninth. John XXIII. is cited a lecond Time. 
 An Information is drawn up againft him. Letters from the Univer- 
 fity of Paris to the Council and the Emperor. Aifembly of the Na- 
 tions concerning the Refignation of Gregory XII. A Letter from Mala- 
 tejlA to the Council. 
 
 I J. Session the Tenth. John XXIII. is fliipended. Jacobelh 
 acaiied of havii.g renevv'd the Co.Timunion \n both Kinds. The 
 
 Grandees
 
 the Council of Con stance. ^ij 
 
 Grandees of Bohemia, intercede for 'John Hus. Airembly of the Ger- 
 man Nation concerning the Methods of coliefting the Votes. 
 
 i<r. Assembly of the Nations concerning the Refignation of 
 Gregory XII. 
 
 Kf. JOHN XXIII. is fummon'd a fourth Time. Articles ex- 
 hibited againft him. Alfembly of the Nations upon the Affairs of 
 John Hus and Jacobel. 
 
 17. yOHNy^'Alll. is brought to Ratolfcel^ where he is put 
 under a Guard. 
 
 18. Assembly of the Nations to hear the Great Men of ^0-6^- 
 mia in Favour of John Hus. Affembly of tlic Deputies to hear the 
 WitnefTes againft 7c/;« XXIII. 
 
 20. JOHN XXIII. acquiefces in his Sufpenfion. 
 
 21, 22. Several AiTembhes againft John XXIII, theodoric de 
 Niem's Inveftive againft him. 
 
 25. JEROME o{ Prague is brought back to ConJIance^ com- 
 mitted to Prilon, and examin'd. 
 
 25. Session the Eleventh. A Refohition is pafs'd to depofe 
 John XXIII. They order him to be acquainted with the faid Re- 
 Jolve, and he acquiefceth. 
 
 2f. The Return of the Legates whom the Council lent to 
 John XXIII. 
 
 Assembly of the GalUcan Nation on the Affair 0^ John Petit. 
 
 27. The Pope writes to the Emperor to recommend his Interefts 
 to him. They defer pafling Sentence on him. The Commiflioners 
 have leveral Meetings upon this Affair. 
 
 28. The Emperor prepares to fet out for Spain. The Cardinals 
 defire that fbme of their College may accompany him. The Affair of 
 John Hus is taken into Confideration. 
 
 The Duke of Burgundy writes to the Council in his own Jufti- 
 fication. 
 
 29. Session the Twelfth. John XXIII. is depos'd and con- 
 demn'd to Imprifonment. A Refolution is pafs'd to chufe no other 
 Pope but by Confent of the Council, and to eleil neither of the 
 Competitors. 
 
 31. A Deputation is fent to John XXIII. to acquaint him of 
 his being depos'd. He acquiefces in his Sentence and confirms it. 
 Affembly of the Nations for examining John Hus. 
 
 The Bohemians put in a Memorial to procure him a Publick 
 Hearing. 
 
 H h h 2 M.ccccxv,
 
 428 AJOVRnALof 
 
 M.ccccxv. JUNE. 
 
 i\ The Bohemians defire to Icnow of John Hus, while he is a 
 Prilbner at Gotleben, what he thinks of the Communion in both Kinds* 
 They Ibllicit a pubhck Hearing for him. 
 
 5. JOHN XXIII's Domefticks are taken from him, and he 
 is hereafter to be call'd Balthafar Cojfa. He is committed to the 
 Gcillody of the Elector Palatine, who caufes him to be remov'd to 
 Heidelberg, and there confin'd clofe Prlfoner. The Emperor in the 
 Pope's Abfence takes Care of the Adminiftration of the Eccleiiafti- 
 cal Benefices and Eftates in Germany. John Hus is Ibllicited, while 
 he is in Prifbn, to rctrafl:. 
 
 7. A GREAT Eclipfe of the Sun. 
 
 A PUBLicK Congregation, in which John Hus is examin'd. 
 
 The Affair o'l John Petit is brought upon the Carpet. 
 
 2. Third E.xamination of John Hus. Several Articles are read 
 to him taken out of divers of his Books, together with the Anfwers 
 he had already return'd to Ibme of them \ and he makes Anfvver to 
 others of them. Endeavours are us'd in vain to force him to retraft. 
 
 9. A form of Recantation is prelented to John Hus, which he 
 refiifes to accept, tho' feveral Fathers of the Council did all they 
 could to remove his Scruples on that Head. 
 
 11.70 HN Husy after having gone thro' all thole Interrogations, 
 calmly waits for the Ad: of his Condemnation. 
 
 14. Assembly of the Nations upon the Affair of Jacobel and 
 John Petit. 
 
 15. Session the Thirteenth, in which the Communion in 
 both Kinds is interdifled, and the Caufe oi'John F^'/i? is pleaded. Cn 
 the fime Day Charles de Malatejla makes his Entry at Conflance^ and 
 had Audience the next Day. 
 
 23. S IG IS MO ND retires for a few Days to Uberlingen. Both. 
 Promifes and Menaces are made ule of to engage John Hus to re- 
 trait. Paletz is one of the Tempters. 
 
 24. The Books of John Hus are condemn'd. to be burnt. Ths 
 Complaints and Refiedions of John Hus upon that Head. Several of 
 his Letters. 
 
 28. The Emperor returns from Uberlingen.. 
 30. JOHN Hus is allow'd. a Confefibr. 
 
 M.CCCCXV. JULY: 
 
 I. JOHN Hus is follicited in vain to retrafl:. 
 - 4. Session the Fourteenth. The Preliminary Conferences 
 ©f this Seflion. The Emperor prefides at thele Conferences, in 
 
 ' '^ which.
 
 the Council <?/ C 6 n s t a n c e . 429 
 
 which they debate the Rcfignation of Gregory XII, who fummons the 
 Council of Conjlance before he refigns. 
 
 A Doftor's Sermon upon the Reformation of the Church. Mea- 
 Hires are enter'd into for the Eleftion of a new Pope, Some De- 
 crees are read in favour of Gregory XII. He refigns by a ProQior. 
 
 5. An AfTembly of the Deputies of the Nations, and their vain 
 Efforts to engage John Hus to retrad. An Affembly of the Germau 
 Nation concerning the Dilpute between the Poles and the Teutonick 
 Order. Paul Foladimir fays that Hereticks muft be converted by 
 Perfuafion, and not by Violence. 
 
 6. The fame Queftion is debated. The Fifteenth Session. 
 The Bifhop of Lodi^ Speech upon the Puniihment of John HuSy who 
 is condemn'd, carry'd to the Place of Execution, and burnt. The Con- 
 demnation of John Petifs Doftrine. 
 
 ir. Session the Sixteenth. Deputies are nominated to ac- 
 company Sigijynond into Spain. 
 
 I . Session the Seventeenth. The Emperor takes Leave of 
 the Council to go to Spain^ and Iblemnly receives tlie Benedidion of 
 that Aifembly. 
 
 J 9. JEROME o{ Prague is examin'd. 
 
 2i>. G E RSO N harangues the Council before the Emperor's De- '~ 
 parture, concerning the Order of the Council and his Authority, 
 The Emperor's [departure. The Elefl:or Palatine Proteftor of the 
 Council in his Ab(ence. 
 
 2?. A General Aifembly of what has been and is to be done in 
 the Council. 
 
 25-. The Departure of Grij^or/s Legates. 
 
 1^. The Council writes to Bohemia an Account of the Execution 
 of John Hus. 
 
 M.ccccxv. AUGUST. 
 
 5. The Refignation of Gregory XII. is confirm'd. 
 
 4. The Council is acquainted with the Emperor's Arrival in France 
 to accommodate that Kingdom with England. 
 
 i^. The Emperor expcfts the Spaniards at Narhonne to treat about: 
 the Peace of the Church, and the Refignation of Benediil XIII. 
 
 17. Session the Eighteenth. Some general Regulations of 
 the Method of treating the Affiiirs of the Council, of trying Cauies, , 
 and concerning the Authority of the Bulls of the Council. 
 
 i8. A Speech concerning the Reformation of the Church. 
 
 10. An Aflembly of the Reforming College. The Tranllations ot 
 Bifhops. 
 
 GERSON prefents a Memorial concei-ning John Pet it's Affair. 
 
 2 23. The
 
 430 A J V R,N A L of 
 
 25.. The Archbilliop o^ Riga is deputed to the Fmperor, to in treat 
 him to haften tlie Alfairof i?f«£'a'/S XIII. 
 
 25. The Council lends the Bilhop of Jjl into Hungary ^ to recom- 
 mend it to tlie Hungarians to be loyal to Slgifmond. 
 
 28. GERSON's Treatift concerning Vi lions or Revelations. 
 
 25?. The Council is inform'd of the Profped there is of the ap- 
 proaching Union of the Church by the fpcedy K.eiignation o'i BenediSl. 
 
 30. An Afiembly of the Reforming College concerning the Capa- 
 city of the Prelates. 
 
 31. The Emperor and the King of Arragon are at Perpignan to 
 obhge BcnccUn, to refign. 
 
 M.ccccxv. SEPTEMBER. 
 
 7. An Aflembly of the Reforming College concerning the Autho- 
 rity of the Prothonotaries. 
 
 8. An Aflembly of the Nations, in which a Letter is read from the 
 Bohemians to the Council, concerning the Execution of John Hus. 
 Jerome of Prague is invited to retract. A Difcourle touching the Re- 
 formation of the Church. 
 
 11. A General Congregation in which Jerome oi Prague promi- 
 fes to retraft. 
 
 JOHN Petii's Affair is difcufs'd. 
 
 1 2. The Council is acquainted with the Shifts of Benedi& XIII. 
 to evade his Refignation. 
 
 13. An Aifembly of the Reforming College concerning the Colla- 
 tion to Benefices. 
 
 14. Another Aflembly of the Reforming College to limit the 
 Pope's Dilpenfations. 
 
 iS. Negotiations concerning BenediBh Refignation. 
 
 2:. Session the Nineteenth. Jerome of Prague retracts in 
 Publick. A Decree concerning the Safe-Condufls granted to Here- 
 ticks by Temporal Princes. A Caroline Conflitution in favour of the 
 Ecclefiaftical Immunities. Jerome of Pi-ague is brought back to Prilbn. 
 
 30. Assembly of the Reforming College concerning the Monks. 
 
 M.CCCCXV. OCTOBER. 
 
 I. An Aflembly of the Reforming College concerning the unjuft 
 Oaths of the Canons. 
 
 A General Aflembly concerning Benedi£i''s Refignation. 
 10. Death of the Cardinal de Bar. An Aflembly of the Re- 
 forming College relating to Provincial Councils. 
 
 II. JO HN Petifi Affair is canvafs'd. 
 
 14. BENE-
 
 the Council <?/" Constance. ^51 
 
 14. BENEDICT XIII. prefents to the Emperor and the Le- 
 gates of the Council a Form of Refignation. 
 
 16. The faid Form is examin'd. 
 
 19. An Aflembly of the Reforming College concerning the Alonks. 
 
 21. GERSON IS acciifed of Herefy. 
 
 ^6. The Form of Benedici\ Refignation is reje£led at Perpignan. 
 The Cardinal de Bar's Funeral Obfeqiiies at Conflance. 
 
 27. A Discourse concerning Simony and other Abules. 
 
 28. A Murder committed at Confttznce. 
 
 2p. JEROME of Prafy^ue's Recantation is fulpefled. 
 30. JOHN P elk's Affa'ir is difcufs'd. 
 
 51. Deputies are km to Benedl^ to exhort him to refign, which 
 he refiifes. 
 
 M.ccccxv. NOVEMBER. 
 
 2. The Emperor obferving the Evafions of BenedlEl XIII. quits 
 Pergignan and returns to Narbonne. 
 
 4. The King of Ai-ragon enjoyns Benedict XIII. to refign, but he 
 dcfpiles him. 
 
 5. An AlTembly of the Reforming College concerning Refidence. 
 ^. Pope Benedict presents a new Form of Refignation. 
 
 The Difpute between the Cardinal of Cambray and the Bifliop of 
 Arras upon the AlHur of Johri Petit. 
 
 9. An Affembly of the Reforming College concerning the Capacity 
 of Priefts. BenediEl is invited to refign. 
 
 12. He refufes it, and flies to CoUioure. 
 
 13. B EN ED ICT's Cardinals refufe to return to P(?rj!)/^«^». 
 I J. G E R SON'S Treatife concerning Simony. 
 
 16. An AlTembly of the Reforming College on the lame Subjeft. 
 Benedict's negative Anfvver to the King of Arragor^s Requeft. 
 
 17. BF.NEDICT is a third time, in vain, requird to refign. 
 
 18. An Affembly of the Reforming College concerning the Learn» 
 ing of the Prelates. 
 
 19. An AlTembly of the Reforming College concerning the Union of • 
 the Churches. 
 
 2c. FINCENTFenicr is fent, in vain, to Benedicf XIII. to ob- 
 lige him to refign. The King of Arragon fends fome Propolicions ori 
 this Head to the Emperor. The Legates of the Council return to 
 Perpignan in hopes that Benedict will refign. 
 
 21. Session the Twentieth. A Monitory againft the Duke 
 of Aufiria. 
 
 22. An Affembly of the Reforming College againft Exemptions. 
 
 I 24. Aj?
 
 432 AJOn^RNALof 
 
 14; An Affembly of the Reforming College touching Cales relerv'd 
 to the Pope. 
 
 28. The Arrival of the Samugitian Ambaffadors, and of ft new 
 Embafly from Poland. 
 
 9c. A Letter from Ladijlaus King oi Poland to the Council of 
 Conjiance. 
 
 M.ccccxv. DECEMBER. 
 
 J. A Discourse concerning the Reformation of the Church. 
 
 7. The Difpute o:' tne Biihop of Strasbotirg witJi his Chapter and 
 the Magiftrates of that City. A Letter from Gregory XIL to the 
 Council. 
 
 8. The Bifhop of ^rr^i's Apology for John Petit. 
 
 II. An Aifembly of the Nacious concerning the Affair of the Bi- 
 Jhop of Trent. 
 
 15. The Capitulation of Narbonne concerning the Union of the 
 Church. 
 
 17, 18. Assemblies of the Deputies in the Affair oi John Petit. 
 
 19. The German Nation complains of the Slovvnels of the Re- 
 formation, 
 
 25. The Death of one oi" Gregory'' s Cardinals. 
 
 28. A Discour.se concerning the Reformation, and theUnion^ 
 the Church. 
 
 29. The Celebration of the Feftival of St. Thomas of Canterbury. 
 The Council receives good News concerning the Union of the Church. 
 
 30. Fresh Complaints of the Bohemians to the Council. 
 
 M^cccxvi. JANUARY. 
 
 1^ 2, 7, 4. They take into Coofideration the Affair of the Biihop 
 of Strasbourg arrefted in that City, and Deputies are fent to procure 
 Jiis Enlargement. 
 
 4. An Afiembly of the Deputies on the Affair of John Petit. 
 
 6. The Biihop of Toulon's Speech concerning the Reformation of 
 the Church. The Kings of Spain renounce the Obedience of Be- 
 aediSl XIII. 
 
 7, 8, 9. The Council gives Audience to the Ambaffadors of the 
 King of Naples, and to Ibme others, 
 
 1 4. The Return of the Deputies whom the Council had lent to 
 .Strasbourg. 
 
 15. A General Affembly on the lame Affair. 
 19. An Affembly of the Nations on that Affair.
 
 the Council ^ C d n s "f a n c e. 435 
 
 24: The Execution of the Caroliiae Bull concerning the Ecclc- 
 Haftical Immunities. 
 
 29. The Return of the Legates who had been with the Empe- 
 ror in Spain. 
 
 30. A General Congregation to hear their Report. They read 
 the Capitulation of Narbortne. 
 
 Mccccxvi. FEBRUARY. 
 
 2. A Speech upon the Reformation of the Church. 
 ^. They fwear to the Capitulation of Narbonm. 
 
 5. The Arrival of the Cardinal de Foix^ one of Benedi^^s Obe-, 
 diencc. 
 
 6. A Letter froni the Univerfity of Paris to the Council, con- 
 cerning the Propofitions of John Petit. 
 
 9. A General Alfembly for the Converfion of the Pagans in 
 Samogitia. 
 
 i\. A General Congregation upon the Dilpute between the 
 Poles and the teutonick Order. They put oif Alfairs of Impoitance 
 and Delicacy, till the Emperor's Return. 
 
 15, SIGISMOND makes Duke Amadens Count of Savoy at 
 Cbamberry. 
 
 16. A Discourse upon the Reformation of the Church, 
 18. They debate the Alfair of John Petit. 
 
 20. A Congregation for the Reformation of the Black 
 Monks. 
 
 21. A General Congregation, in which the Officers of Grego- 
 ry XII. are admitted. They relblve to fummon the Hujfites of Bo- 
 hernia. The Aftair of the Bilhop of Strasbourg is debated. 
 
 3 2. JOHN d'Opizis is fent by the Council to the King of 
 ^rragon. 
 
 2;. A General Congregation upon the Difpute between the Poles 
 and the Tentonick Order. 
 
 24. Another General Congregation upon the fame Affair ^ and 
 upon thole of Jerome of Prague and Gregory XII. 
 
 28. The Arrival and Reception of the King of Jrragons Am- 
 baffadors. 
 
 M.ccccxvi. MARCH. 
 
 I. S IGISMOND returns to Paris to negociate the Peace be- 
 tween the French and EngUJJj. A Difcourle upon the Reformation of 
 the Church. Prelates are fent to Samogitia for the Converlion of 
 that Province. 
 
 Vol. IL I i i 2. A Ge-
 
 43<v AJOVRRALof 
 
 i. A General Congregation to give Audience to an Ambaflador 
 from Arragon. 
 
 5. A Tournament given by the Ele£tor Palatine. 
 
 e^. The Archbifhop of Gnefna being at Paris ^ the Univerfity of 
 Paris prefents him a Defamatory Libel, compos'd by 'John ie Fal- 
 kenberg, againft the Kingdom of Poland. 
 
 6. A Procession for the Peace of the Church. 
 
 8. A Discourse in favour of the Pope's Authority pronouncMl 
 by a Dominican. 
 
 10. A Monitory againft thofe ol Strasbourg who detain'd the 
 Bifliop of that Place in Prifon. 
 
 i^. JO HN Pet it's Affair is debated. 
 
 19. They go again upon the fame Affair. 
 
 2(5, 27. Negotiations upon the fame Affair. 
 
 3c. FREDERICK of Aujlria flies from Conjlance. 
 
 M.ccccxvi. APRIL. 
 
 2. The Death oK Ferdinand^ King of Arragon. His Son Alphon^ 
 fus fucceeds him. 
 
 5. A Discourse upon the Reformation of the Church. 
 
 11. Some Robbers are apprehended, who infefted the Neighbour- 
 hood of Conftance. Debates upon the Affair of John Petit. 
 
 i:. This being Palm-Sunday^ there was a folemn Proceflion and 
 other Solemnities on the Days following. 
 
 27. JEROME of Prague is again examin'd. The Appeal of 
 the Strasbourgers. They refule to canonife certain Saints of Sweden. 
 
 50. A General Congregation for the Funeral Oblequies of the 
 King of Arragon. John Petit^s Affair is debated. The Appeal of 
 the Strasbourgers is rejcLled. The German Nation affembles on 
 that Affair. 
 
 M.CCCCXVI. MAY. 
 
 1. The Bifliop of Arras pleads for the Duke o^ Burgundy and 
 John Petit. 
 
 5. ERNEST, Du'kc of Aujlria, fends the Council a Proteftation 
 of his Fidelity to the Church. 
 
 GER SON comutes the Bifhop of Arras. 
 
 5. The Bohetnians are cited. An AfTembly for the Affair of John 
 Petit and the Duke of Burgundy. 
 
 GERSON confutes the Plea of the Bifhop of Arras. 
 
 6. JO HN Petit's Propofitions are deliver'd in. 
 
 7. The Emperor arrives at London. 
 
 ' z- 8. The
 
 the Council <?/ C o n s t a k c e. 43 j 
 
 8. The Bifliop of Strasbonrgs Affair is treated of 
 
 p. The Aliairs o'l Jerome of Prague and the Bilhop of Trent arc 
 confidered. 
 
 II. The Affairs of the Biihop of Trent and oi John Petit are 
 debated. 
 
 I •^. AL P HO NS O King of Arragon confirms the Capitulation of 
 Narbonne. 
 
 16. They treat of the Affiur of the Bifliop of Strasbourg. 
 23. JEROME of Pr^^a? is again examin'd. 
 
 2(5. And again. 
 
 30. Session the Twenty First. Jerome of Prague is con- 
 demn'd to the Flames. The Bifhop of LodPs Speech upon his Exe- 
 cution. Jerome 6}' cs viithCorAnticy. Letter from Po^g/aj oi Florence 
 upon that Execution. 
 
 31. The ablent Prelates are recall'd. 
 
 M.ccccxvi. JUNE. 
 
 I. The Arrival of Ambaffadors from Portugal. 
 
 3. A General Congregation upon the Citation of tht HuJJite! of 
 Bohemia. The r.mperor writes to the Council to decide nothing of 
 Importance in his Ablence. The Archbifhop of Mentz excufes him- 
 lelf from any Collufion with John XXIII. Judgment is pronounced 
 againft the Strasburghers. A Perfon is punifhed for Simony. The E- 
 leilor Palatine's Return to Conflance. 
 
 6. Audience is given to the Ambaffadors 0? Portugal. The Death 
 of Theodoric de Niem. 
 
 I I. The Count de Nellembourg juftifies himfelf in the Affair of the 
 Biihop of Strasbourg. 
 
 17. An Aliembiy of the Nations upon the Converfion of the 
 Safnogitians. 
 
 The following Days were Ipent in Proceffions. 
 27. IVILLUM de Dieff, Bifliop of Strasbourg^ comes to Conjiance 
 and fubmits to the Judgment of the Council. 
 
 M.ccccxvi. JULY. 
 
 I. The Abjuration of Latzenbock, the Huffite. 
 
 4. A Congregation concerning the Union of the Arragonefe to 
 the Council. 
 
 14. A Letter from the King of Caftilk to the Council. 
 
 18. A General AifembJy on the Affair of Strasbourg^ and on 
 that of the Bohemians. 
 
 I ii 2 M.CCCCXVI.
 
 455 /i J OV R N A L of 
 
 M.ccccxvi. AUGUST. 
 
 2^ Sunday. A ProcefTTon, 
 
 J). Another Proceffioru 
 
 I o. An Aflembly on the Affair of the Boheniims', 
 
 11. Another Aflembly on the fameSubjeft. 
 
 12. Another Affembly on the fame Subject. 
 14. An Affembly on the Affair of Strasbourg. 
 15.. Another Affembly on the lame Subjed.: 
 16. The fame. 
 
 M.CCCCXVI. SEPTEMBER. 
 
 4. A General Affembly, wherein the Bohemians are excommuni- 
 cated, as well as Frederick q{ Aiiflria. 
 
 5. The Reception of the Ambaffadors from Jrragon. 
 
 6. The Arrival of the Ambalfadors from Naples-. 
 
 8» GERSON's Difcourfe on the Nativity of the Virgin Maryl 
 her immaculate Conception, and againft the Multiplication of Feftivals. 
 10. Audience is granted to the Arragonefe. 
 
 13. JOHN Petifs Affair is debated. 
 
 16. Audience is granted to the AmbalTadors of A^^/fo. A Let- 
 ter from the Poles, from the Teatonick Order, and from the Univer- 
 sity of Cracow,, to the Council. 
 
 i$i. A General Affembly concerning the withdrawing fiomBeney 
 diSi, and from the real Obedience of Gregory XII. 
 
 24. The Arrival of fome new Ambaffadors from England. 
 
 M.CCCCXVL OCTOBER. 
 
 ■j; PETER d'JilWs Difconrfe upon Ecclefiaftical Power* 
 ID. An Affembly of the Nations concerning the Union of the 
 Spaniards, who afterwards made a fifth Nation in the Council. 
 
 13. JOHN Pet it's Affair is debited. 
 
 14. An Affembly concerning the Union of the Spaniards. 
 
 15. Session the Twenty Second. The folemn Union of the 
 Arragonefe to the Council. 
 
 M.CCCCXVL NOVEMBER. 
 
 Session 'the Twenty-Third, in which Commiffloners are aj- 
 pointed to prolccute Peter de Luna. 
 
 6. Anoxhek. Aifembly for the fame Purpofe. 
 
 ~ " " 7. The
 
 the Council <?/ C o n s t a n c e . 43 7 
 
 7. The fame. 
 
 26. HENRTj 'DukeoC Brimfivickj fetsout, indifpos'd, from Cca- 
 ^ance to return into his own Country. 
 
 28. Session the Twenty-Fourth, in which a Decree ismade 
 for the Citation of Betiedi^ XIII. 
 
 2^. A ProcefTion for the Emperor's happy Voyage. 
 
 M.ccccxvi. DECEMBER. 
 
 ^'. A Deputation is fent to Peter de Luna. 
 
 13. The Arrival of two Bifliops oi BemdiEl\ Party to unite to the 
 Council. 
 
 14. Session the Twenty-Fifth. The Envoys of the Count de 
 Foix are united to the Council. A Confirmation of the Regulations 
 for the Police. 
 
 16. The Arrival of Ambafladors from Navarre. 
 ■23. An Aliembly concerning the Right o ' Suffrages. 
 
 24. Session the Twenty-Sixth. Thz Navarrefe are united to 
 the Council. 
 
 29. The Feftival of St. Thomas of Canterbury is celebrated. 
 
 31. A Letter from the Council to the Emperor concerning the 
 Affairs of the HuJJites. 
 
 M.ccccxvir. JANUARY. 
 
 4. An AfTembly of the Nations upon the Defeffion of Caflille. 
 6. Sermons upon the Manners of the Clergy. 
 
 17. GERSON's Difcourles upon the Authority of the Council. ■ 
 
 18. GERSO N's Treatile upon the Affair of John Petit. 
 
 2-. The Deputies of the Council acquaint ^(?K^<//fZ XIII. withhis^ 
 Summons. 
 
 2.4. The Enzjijh regale the, Senate of Conflance with a Sacred Co-- 
 niedy by way of Rejoicing for the Emperor's Approach. 
 
 BENE D ICT returns an .'^nfwer at large to his Citation. 
 
 27. The hmperor's Return to the Council. 
 
 The Archbiliiop o'i Gnefna lays Falkenberg's feditious Libel before 
 the Council. 
 
 31. The Englijlo entertain the Emperor and the Princes, andcaiife 
 the bovemention d Comedy to be again reprefented. 
 
 M.ccccxvir. F R E B U A R Y. 
 
 2. GERSONs Difcourfe againft the Doftrine of Jobn Petit, 
 
 3. The Archbilhop of G>««'s Arrival at Conjlance. 
 
 2 6,<iER^'
 
 438 AJOVRNALof 
 
 C GE RSO A"s Traft concerning Ecclefiaftical Power. 
 
 \c. JO HN Falkenberg is committed to Prilbn for his Libel againfi: 
 ithe Poles. 
 
 13. The Condemnation of that Libel is relblv'd upon by the Na- 
 tions and Cardinals. 
 
 xc;. FRED E RICK oi Aufiria. is cited. 
 
 20. Session the Twenty-Seventh, againft the faid Dulce. 
 23. The Eleilor q{ Mentz receives the Inveflitare of tJiac Eleftorate. 
 28. Discourses upon the Corruption of the Manners of the Clergy. 
 A Chapter of Benedicfins. 
 
 M.ccccxvii. MARC H. 
 
 5. Session the Twenty-Eighth, againft the Duke of ^/(/?r/^. 
 The French dilpute the Prerogative of the EngUfi to make a Na- 
 ;tion in Council. 
 
 7. A Letter is read from the Deputies of the Council in Spain. 
 
 8. Session the Twenty-Ninth. Bemdm XIIL is declar'd 
 .contumacious. 
 
 p. The Return of the Ambaffadors of the Council from Spain. 
 10. Session the Thirtieth, concerning the Altair of Benedi&. 
 J-]. P E I'E R d'Jillt's Trafl; upon the Reformation of the Ca- 
 lendar. 
 
 18. Privilege granted by the Emperor to the City of 
 £runfwick. 
 
 19. The Chapter of the BenediSins feparates. 
 
 21. P E TE R d'Ailli's Dilcourfe touching the Reformation. 
 
 28. Another Dilcourfe on ihe fame Subjeft. 
 
 29. Arrival of the Ambaifadors of Cafiille. 
 
 50. Session the Thirty-First, wherein the Affairs of the 
 Count de Feme, Gregory ]Sll, the Poles and others, are difcufs'd. 
 The Englijh defend their Rigiit againft the French. 
 
 M.CCCCXVII. APRIL. 
 
 I. Session the Thirty-Second. Benedi£l\ Cltationis renewed. 
 
 7.. An Audience is granted to the CapUians. Tiie Emperor makes 
 a Tour to Rat olf cell. 
 
 4. A General Proceflion. Papers are pafted up againft Peter de 
 Luna, and againft the Duke of jiiiftria. 
 
 8. A Sermon by Cardinal Zaharella. 
 
 The following Days are fpent in pious Solemnities. 
 
 1?. The Emperor's Return. The Arrival of the Dukes of 
 Bavaria. 
 
 15. The
 
 the Council of Constance. 439 
 
 1 5. The Arrival of Frederick^ Margrave of Mifnia. 
 18. FREDERIC Kj Burgrave of Nuremberg^ receives the In- 
 veftitiire of the F,le£lorate of Brandebourg. 
 
 22. An Alfembly of tlie Comrniflloners againft BenediB XIII. 
 
 23. He is again cited. 
 
 24. Articles of Impeachment are exhibited againft him. 
 
 26. Another Afiembly on the lame Subjc£b. 
 
 28. ADOLPHUS, Count of Clcves^ is made Duke. 
 30. A General Proceflion, 
 
 M.ccccxvii. MAY. 
 
 I. New Articles are exhibited againft BenediSl. 
 
 ^. M AU R I C E of Prague's Sermon againft Simony. 
 10. An Allembly againft BenediB. 
 
 II. The Eleftor Palatine receives the Inveftitiire of that Eleilro* 
 rate. The Count de Ndknbourg receives the Inveftiture of his Domi- 
 nions. Benedin is again cited. 
 
 12. Session the Thirty-Third, againft BenediB. 
 The Margrave oi Alijhia retires from Conjlanccy dilgufted with the' 
 Emperor. 
 
 15. An Aflembly of the Commiftioners againft BenediB. 
 
 16. The Emperor grants the Inveftiture to the Eleftor 0^ Saxofiy, 
 and leveral other Princes. 
 
 21. An AfTembly of the CommifTioners againft BenediSi. 
 
 25. Another AfTembly on the fame Aitair. 
 
 27. Another AfTembly on the lame Affair. 
 
 29. The Cardinals lay before the Emperor a Plan for the Elec* 
 tion of a Pope. 
 
 30. PETER d'Jilli's Difcourfe recommending the faid Form, 
 
 M.CCCCXVII. JUNE, 
 
 1, An AfTembly againft Bencdin. 
 
 5. Session the Thirty-E'ourth, concerning the Depofing of 
 Benedill. 
 
 10. A Proceflion on Corpus Cbrifii Day. 
 
 12. Divers AfTemblies of the Nations in Prefence of the Empe- 
 ror, to procure the Reformation of the Church before the EieQion of 
 another Pope. 
 
 16. Disputes upon that Head. 
 
 17. Other AfTembles of the Nations on the fame Head. 
 
 18. Session theTHiRTy-i:''iFTH. Thz CaJiilUans are united to 
 the Council. 
 
 27, A
 
 440 AJOVRNALof 
 
 27. A Discourse of StephcnoX Prague^ urging the Reformation 
 of the Church 
 
 28. The Emperor is prefs'd to oblige the Council to grant a De- 
 cree for the Method of elefting a Pope. 
 
 M.ccccxvii. JULY. 
 
 I. At the Sollicitation of the Cardinals, piihhck Prayers are or- 
 dered for the Eleftion of a new Pcpe. This was pecbim'd .:;e ibl- 
 lowing Days. 
 
 9. F I NCENf Terrier is invited co the Council to detach iiim 
 from the Sed of Flagellants. 
 
 II. Ui-ON the Complaints of the Cardinals, the traperor publilhes 
 an Edict ior the Safety and Freedom of the Council. 
 
 18. Thb moderate Ad\ice of Qerjon concerniraj the Seft of thd 
 Flagellants. 
 
 2-. Session the Thirty-Sixth. Bencdin is liimraon'd to hear 
 his Sentence. 
 
 2(5. Session the Thirty-Seventh. Be is depos'd, and the 
 fame is made publick. 
 
 28. Session the Thirty-Eighth, concerning the Union of the 
 Caftillians and yirragonefe, and the Affair of the B^lhop of Strasbourg. 
 The Emperor grants fbme Privileges to the City of Brunfivi:k. 
 
 31. The Tovpn-Houle of C£>///?(2w^ is appointed for the Meeting of 
 the Conclave to chule a Pope. 
 
 M.CCCCXVII. AUGUST. 
 
 5! The Commlffion is renew'd for the Reformation of the 
 Church. 
 
 4. A Sermon upon that SubjeO:. The Cardinals proteft againft 
 the Defign of reforming the Church before the Kledion of a Pope. 
 
 5. Intrigues of the Cardinals to compafs their Aim in that 
 Refpea. 
 
 9. The flov? Proceedings of the Deputies for the Reformation of 
 the Church. 
 
 II. The Cardinals bring over the Spaniards and feveral Members 
 of the French Nation to their Party. 
 
 14. Divers i^flemblies of the Reformers. 
 
 1(5. The Archbilhop of Genoa's Dilcourfe to the Emperor to fiip- 
 ■port him in his Defign of compleating the Work of the Reformation be 
 fore the Eleftion of a Pope. 
 
 19. Several Dilcourles with the fame Viewr. 
 
 20. G ERSO N's Tracl againft the Communion in both Kinds. 
 
 22. A Ser-
 
 /^^ Council ij/' Co N s TAN c E. ^41 
 
 ;?; A Sermon to prelj the Work of Reformation. 
 
 23. An AiTembly of tlie Reformers. 
 
 24. A Pi^.oCEssiON for the Eleilion of a new Pope. 
 
 25. A Memorial of the French againii the Annates. 
 
 P E TE R d'JilWs Difcourfe concerning the Eleffion of a Pope and 
 the Reformation of the Church. 
 
 ^6. An A<l^mbly of the States of the Empire, in Prcfcnce of the 
 Emperor, upci divers Civil Affairs, and particularly thofc of the 
 Dukes of Ba'v^ria. 
 
 2^. A Sermon to prels the Reformation. 
 
 M.ccccxvn. SEPTEMBER. 
 
 g. The Council writes to all Chfiflendom to notify the Depofing 
 of BenediSl. The Emperor's Letter to the Bohemiam^ concerning 
 Hujfiiirm. 
 
 4. The Death of the Biiliop of Salisbury. 
 
 5. The Germans and the Englifl) are accus'd of Hcrcfy, by realbn 
 of their Inftances for the Reformation of the Church before the E- 
 leflion of a Pope. 
 
 9. A Dispute upon this Subject between the Emperor and the 
 Cardinals. 
 
 The unexpe&d Retreat of the difgufted Ambafiiulors of Cap ilk. 
 They are ftopp'd on the Road, and by the Emperor's Order, brought; 
 back. The Cardinals alio contrive to be gone. 
 
 10. THEF.mperor forbids the Cardinals to confult together as ufual 
 in the Church and Epilcopal Palace. They vainly demand Safe-Con- 
 duflis. The Elector of Brandebourg pacifies that Affair. 
 
 11. The Cardinals renew their Protefts. Cardinal Zabarclla is fo 
 warm upon this Occafion that it throws him into a Fit of Sicknefs. 
 The Emperor defigns the arrefting of fome of the Cardinals. The 
 Cardinals make new Inftances. Several of the Italian and French 
 Prelates abandon the Germans. 
 
 12. The E\ineral of the Bilhop of Salisbury. 
 
 14. The Defence of the Germans againft tlic Charge of Herely. 
 
 16. The ErigUJJ} join the Cardinals Party. 
 
 20. The Archbilhop of i?/^i? and the Billiop of Coire being gain'd 
 by the Cardinals, engage the Emperor to conlent to the Elefliion 
 of a Pope. 
 
 23. A General Congregation to pacify fome Dilputes among the 
 Nations, with re(j)ecl: to the Suffragans. 
 
 2(5. The Death of the Cardiii?.! Zabarella. 
 
 27. His Funeral. 
 
 Vol. II. K k k M.ccccxvn.
 
 442 AJOVRNALof 
 
 M.ccccxvii. OCTOBER. 
 
 2. ZJBARELLAh Funeral Oration. 
 
 3. A Sermon concerning the Reformation. 
 
 5. The Emperor and the German Nation demand that the Re- 
 formation be made immediately after the EleSion of a Pope. 
 
 p. Session the Thirty-Ninth. Some Articles of the Re- 
 formation are piiblilh'd. 
 
 13. Several Affemblles for concerting the Decrees concerning the 
 making of the Reformation immediately after the EleO:ion of a Pope. 
 
 18. The Death o'i Gregory XII. 
 
 19. An AlTembly of the States upon the Dilputes among the 
 Dukes of Bavaria. Henry, Duke of that Name, attacks and wounds 
 Lewis, L'uke of the lame Name. Henry flies and is purf.ied, buc 
 in vain. 
 
 20. The Emperor grants certain Privileges to the City of Coh' 
 jlance, 
 
 22. The Biihop of Winchefter comes to Confiance in his Pilgri- 
 mage to Jerufakrn,- and accommodates the Difputes between the Em= 
 peror and the Cardinals. 
 
 23. Erequent Aifemblles about the Choice of a Pope, and the 
 Reformation of the Church. 
 
 16. Other Affemblles concerning the Eleflion, and the Elefl:crsof 
 a. Pope. 
 
 28. The Deputies of the Nations are join'd to the Cardinals for 
 the Eleftion of a Pope. 
 
 30. Session the Fortieth, in which 'tis refolv'd that the Pope 
 elefled Ihall reform the Church before the Conclufion of the Council. 
 Some of the Articles of the Reformation publiih'd. 
 
 M.ccccxvii. NOVEMBER. 
 
 2. The Town-houle is chofe for the Conclave. 
 
 €. The Deputies of the Nations meet on the Affair of Sirashoitrg. 
 
 7. The Emperor caules Proclamation to be made that no Foreig- 
 ners nor Townimen go near the Conclave. 
 
 8. Session the Fortv-First. Every Thing is made ready for 
 the Eleftors Entrance into the Conclave. The Biihop of Lodi mitkes 
 a. Dilcourfe, vviiercin he gives the Character of a good Pope. The 
 Electors enter the Conclave. 
 
 9. They proceed to the Eleflion. 
 
 10. A Procession of the Conclave to obtain a happy Eleftion, 
 which for two .Days meets v?ith very great Difficulties. 
 
 ii>Ths
 
 /i&? Council <?/ Cons TAN CE. 445 
 
 11. The Feftlval of St. Martin. Otho de Colonna is chofe V6^t\ 
 by the Name of Martin V. The Emperor enters the Conclave with 
 the great Noblemen to do Homage to the Pope, who is condufted 
 with Ceremony to the Cathedral \ and as he goes thither, Leivis of 
 Bavaria implores the Pope's Juftice againft Henry of Bavaria^ his Cou- 
 fin, who had wounded him. 
 
 12. MARTIN V. is made a Deacon. The Bifnop 0? OJIia 
 draws up tlie Rules of the Pope's Chancery, but does not publilh them. 
 
 1^. MARTIN V. is ordain'd a Piieft. 
 
 14. He is confecrated a Bilhop. 
 
 15. All the Clergy proniiie Obedience to the Pope in the Ca- 
 thedral. 
 
 \6. The Emperor, the Electors, the Princes, and all the Nobility 
 do the iame. 
 
 18. -As do alfo the feveral Religious Orders. 
 
 20. All Things are prepared for the Confecration of the Pope. 
 
 21. He is conlecrated and crown'd. He gives the Jews his Bene- 
 diftion. He grants the Abbats the Privilege of wearing the Mitre 
 upon St. Martiii\ Day. The Arrival of the Ambaffadors from the 
 Qiieen 0? Naples. 
 
 22. The Nations earneilly demand a Reformation, but efpecially 
 the Germans. 
 
 25. MARTIN V. fends to the Duke of Aufiria to negotiate his 
 Peace with the Emperor. 
 
 2(5. The Obiequies o{ Gregory XII. 
 
 50. The Pope holds his lirfl: publick Confiflory, concerning the Af- 
 fair of the Dukes of Bavaria^ and the Eifl)Op of Strasbourg. 
 
 M.ccccxvii. DECEMBER. 
 
 I. A Tournament. 
 
 7. ABenedictin alTaflinated at Conftancc. 
 
 8. The Anfwer of Maurice to Jacobel concerning the Communion in 
 both Kinds. 
 
 9. The Aiiiidin punifh'd with Death. 
 
 17. MARTIN V. grants Privileges and Indulgences to fcveral 
 Perfons. 
 
 Its. M ART IN fvvears to the Profeflion made by Boniface VIII. 
 
 24. The Queftion is debated, whether Alonks ought to enjoy Tem- 
 poral Eftatcs. 
 
 25. The Pope's fblemn Mafs, 
 
 28. Session the Forty-Secono. Balthafar is deliver'd over to 
 she Cuftody of Martin V. 
 30. The Death of the Emperor's Chancellor. 
 
 K. k k 2 M.ccccxviii.
 
 444 AJOVRNALof 
 
 ■ 
 
 M.ccccxviii. J A N U A R Y. 
 
 I. A Consul olConjlance is by the Emperor created a Knight. 
 
 £.. The Germans prelent a Memorial to the Pope, concerning the 
 Reformation, 
 
 12. The French defire the Pope may be prefs'd to reform the 
 Church. The Emperor's Anfwer. 
 
 1 5. The Spaniards prefs for a Reformation with their Tongues and 
 Pens, and attack Simony by Satirical \\ritings. 
 
 17. The Emperor confirm- the Reformation of the Benediclins. 
 
 24. The Pope and Cardinds acknowledge the Emperor in a Gene- 
 ral Congregation. 
 
 2(5. The Pope grants the Emperor the Tenths of the Ecclefiafti- 
 cal Livings in Germany^ to indemnify him for his Expences. 
 
 ap. The Pope prelents the Nations a Plan for Reformation. 
 
 31, Audience is granted to two Cardinals oi Benedi^ XIIT. 
 
 M.CCCCXVIII. FEBRUARY. 
 
 2. A Speech concerning the Reformation of the Church. 
 
 7. An AiTembly of the States of the Empire,, in which the Eleftor 
 of Brandebottrg prefides, againft Frederick of Aujlria. 
 
 II. The Emperor lends to Milan to- negotiate an Accommodation 
 with the Duke of that Name. 
 
 14. The Emperor fends to Bafil co treat about fome Territories of 
 the Duke of Aiiflria. 
 
 \6. To Mentz for the fame Occafion. 
 
 18. To Spain, to oblige Peter de Luna to abdicate. 
 
 JO. The Arrival of a Greek Embally at the Council. 
 
 The Arragonefe follicite the Pope, in favour of the King their Maffer. 
 
 20. MARFlN V's Concordate with the Germans^ French and 
 EngUfi. 
 
 The Affair of John Petit and of John de Falkenberg flubber^d over 
 by the Cardinals. 
 
 21. The French and Poles complain ol' it. Twenty -four Articles 
 againft the HuJjiUs. 
 
 22. M AR'TIN V's Bulls againft them. 
 
 24. S IGIS MO ND fets out ^or Baftl^ but returns back tjie 
 fame Way he went. 
 
 16. The Poles appeal from the Pope to the next Council. 
 
 M.CCCCXLVIIL
 
 the Council <?/ C o n s t a n c e. 445 
 
 M.ccccxviii. MARCH. 
 
 6^ MJR'TIN V, gives the Emperor the Golden Rofe. 
 
 10. G £ i? 5 O A'' maintains the Lawfulnefs of appeahng from the 
 Pope's Sentences. 
 
 21. Session the Forty-Third, in vvhicli Ibme Decrees are pub- 
 lifh'd touching the Reformation of the Church. 
 
 25. A Discourse upon our Saviour's Pafllon. 
 
 26'. The Arrival of feveral Princes. 
 
 28. Ambassadors arrive from ?'emce and Genoa, to treat with 
 Sigifmoncl. 
 
 M.CCCCXVIII. APRIL. 
 
 2. The Pope lends Legates to England and France. 
 
 ?. G RJ BO N's Opinion of the Monaftick State is condemn'd, 
 and he retrafts it. 
 
 9. The Celebration of the Marriage of Lewis the Duke de Brieg 
 with the Daughter of the Eledlor of Brandebonrg. 
 
 11. They treat of the Reconciliation between Frederick oi Aitflria- 
 and the Emperor. 
 
 13. The Recantation of fome HuJJites. 
 
 15. M yl RT" I N's Concordates with the Nations are regifter'd in 
 the Chancery. 
 
 19. Session the Forty-Fourth, in which Regulations are 
 concerted for the next Sefljon. 
 
 2?. Session the Forty-Fifth, wherein the Council is dilTolv'd, 
 to the Diffatistaftion of the Poles. 
 
 25, They continue to treat of the ReconciHatioa of Frelierick of 
 Auflria^ and the Emperor. 
 
 28. The Emperor goes to Zurich. 
 
 29. The Death of the Count dc Scbwartzcnhourg. The Pope gives" 
 Notice of his intended Departure. 
 
 30. The Emperor returns from Zurich. 
 
 M.CCCCXVIII. MAY. 
 
 2'. MARTIN V's Concordates with the Nations are publifli'd, . 
 The Pope appoints Commiffioners to order the raifing of the Tenths 
 granted to the Emperor. 
 
 4. The Pope takes a RefoUition to fet out againft the Emperor's 
 Will. 
 
 7. FR ED ERIC K of Juftria is reftor'd to the Emperor's Favour. 
 
 8. The
 
 44^ AJO'DRRALof 
 
 8. The Excommunication of that Duke is taken off. 
 10. The Pope grants Pardons and Privileges. A Proceffion for 
 the Separation of the Council. 
 
 14. The Emperor fettles his Accompts with the Magiftrates of 
 Conftance. 
 
 15. The Pope celebrates his laft Mafs in that City. 
 i6- His Departure. 
 
 17. The Departure of the Poles, Gerfon retires into voluntary 
 ' Exile. 
 
 19. The K[ec\:or 0? Brt^niJelwurg retires from Confiance. The Em- 
 peror goes to Bafil^ to treat with the Dukes of BurgunSy and Savoy, 
 about Affairs of Importance. 
 
 20. The Emperor's Departure. 
 
 The End of the J OV RNAL of the 
 Council of Constance. 
 
 C O N S T I-
 
 447 
 
 CONSTITUTIO CLEMEKTIS VL 
 
 Super modo & forma tenendis fuper viftualibus Cardi- 
 nalium in Conclavi exiftentium. 
 
 Apnd Vender Hardty T. IV. p. 14^3. 
 
 0) 
 
 r» usc.^^LEMENS Epifcopiis, Ser- 
 ^'"''" \. 1 ^"^ fervorum Dei, ad perpetu- 
 JBrL«'"i;. &: ^^"^ am rei memoriam . Licet ia 
 JA(f. Cuiillitutione, a ftlicis recordationis 
 Gregorio, Papa X. PrjcdecelTore nof- 
 tro, fuper elcdione Roman! Pontifi- 
 cis edita in Concilio Lnduiieii(i, quae 
 incipit, Ubi majus pericultt;-/?, inter 
 cetera caveatur exprefTe, quod, d 
 eundem Pontificcm in Civitate, in 
 qua cum fua Curia refidcbit, diem 
 claudere contingat cxtremuni, Cardi- 
 nales in Palatio, in quoidem Ponti- 
 fex habitabat, omnes convenient, & 
 in CO finguli fingulis tantummodo, 
 nifi ilii, quibus ex patenti necefiltate 
 duo permiituntur haberi, contentiftr- 
 viciitibus, Clericis vel Laicis, prout 
 elegcrunt unum conclave, nullo in- 
 termedio pariete, vel alio vclamine, 
 inhabitcnt in communi : Et quod die- 
 bus ctrus, i.on fa6la provifione de 
 Paftore, decurfi?, panis, vinum & a- 
 qua tantummc>do eifdem Cnidiiiili- 
 bus, d(>nec lubfequatur provilio, mi- 
 iiiftretur. Quia timen, {ic txrtquenti 
 muitorum aflertione, & in Cardina- 
 iaiu C(niflituti p-ii-.pimus, nonnulli 
 ex Cardinilibns ipli-- in obfervaiione 
 C( nltiuitio.rii iplius gr;-i\ati aliub lii- 
 mium exriterunr, multique ex ipfis 
 duos in dido conclavi hnbueruntfer- 
 vicntes, non abfque fcrupujo cmifci- 
 cntias, propter ambiguitatcm didorum 
 verborum, videlicet, Quihus ex pa- 
 tenti nci.cjfitate duo ferr/ihtanttir ha- 
 beri in dicta Conditucione, ut pramit- 
 titur, contentorum: Nos providere 
 
 2 - 
 
 fuper his cupientes, ex his & aliis cau- 
 fis rationalibus, qux noftrum ad id 
 animum induxerunt, Rigorem Con- 
 (litutionis ipfius, &etiam adFratrum 
 noftrorum fupplicationem in his pro- 
 vidimus temperandum , audtoritate 
 Apollolica flatuentes, quod Cardi- 
 nales, poftquam conclave hujufniodi, 
 feu claufuram pro diiSta celebranda 
 eledio;^eintraverint, iinguliduos fer- 
 vienics taniiim, Clericos vel Laicos, 
 prout duxerint eligendos : Ac infuper 
 fingulis diebus, pra;tcr panem, vinum 
 & aquam, in prandio unum, in coena 
 unum dumtaxat ferculum carnium 
 unius fpeciei tantummodo, aut pif- 
 cium, feu ovorum, cum uno potagio 
 de carnibus vel pilcibus, principaliter 
 non confeflis, & dccentibus faliamen- 
 tis, habere valcant, ultra carnes fali- 
 tas, vel herbas crudas, ac cafeum, 
 frudus five eleduaria. Ex quibus ta- 
 mcn nullum fpecialiter ferculum con- 
 ficiatur, iiifi ad condimcntum f3eret, 
 vel faporem. Nulhis vcro eorum de 
 alterius ferculo vefci poffit. Liccat 
 etiam eis ex deccntia honeftatis habere 
 inclaufula hujufniodi, cum in ieSis 
 caufa quicfcendi vel dormicndi tf e 
 volucrint, dumtaxat intermedia feu 
 velamina limplicium fohimniodo cor- 
 tinarum prxdida; Et fclicis recorda- • 
 tionis Clementis, Pai k V. Prsedecef- 
 foris noftri, & ahis Conllituiionibus 
 Apoltolicis contrariis, quibus per hoc 
 in aliis derogari nolurnus, non ob- ■ 
 ftantibus quibufcunque. Nulli ergo 
 omnino hoi-ninum liccat banc pagi- 
 
 natn...
 
 44^ 
 
 Captula '^ur^nda. 
 
 nam noftrra Conftitutionis & volnn- 
 tJtis infriiigere, ve! ei aufu temerario 
 contraire. Si quis autem hoc atteu- 
 tare praefumferit, indignationem om- 
 nipotentis Dei, & beatorum Fetii & 
 
 Pauli, Apoflolorum ejus, fe noverit 
 incurfurum. Datum Avraioni, XIII. 
 Idus Decemb. Po ntificatus noftri 
 anno X. 
 
 J« U S C. 
 Lhf. 
 
 In MSC. 
 
 Lipf. £n 
 Ooih. 
 
 CAPITULAJURANDA 
 
 Per Ele£tores Romani Pontificis & Cuftodes 
 Conclavis. 
 
 Ter jfirchi - Epiftopim Mediolarieufem letia. 
 Apiid Vender Hardt, T. IV. p. 145J. 
 
 ST A funt, quxEIeflores Romani 
 Pontificis in Concilio general i 
 
 (0 
 
 -^ Conftantienfi, obfervare, & Cuf- 
 todes jurari facere & obfervari, te- 
 nentur. Et ad qux & non ultra com- 
 pelli pollunt per Cullodes Conclavis. 
 Prhno^ Quod infra decern dies a die 
 jam lati per Concilium, dccreti intrenc 
 Conclave, videlicet hodie die Luns, 
 oftava menfis Novembris, infra oc- 
 cafumSolis. 
 
 Secundo, Quod qnilibet non habeat 
 ultra duos fervitores, Clericos vel 
 Laicos, quos dnxerit eligendos. Et 
 fimpliciter permittitur, duos habere, 
 per Conftitutionem Clementis VI. 
 Licet in Conftitutione, Ubi mnjus, 
 non licet habere duos, nifi ex patent! 
 necelTitate. 
 
 T'ertio^ Quod inConcIavi fimul in- 
 habitent, nullo medio psriete, vclalio 
 velamine, nifi quando dormient, aut 
 quicfcent. Et tunc liceat habere inter- 
 media, ftu velamina, dumtaxat fim- 
 plicium cortitiarum, qux cortince con- 
 ceduntur per didam Conftitutionem 
 Clementis VI. 
 
 Qiiirto^ Quod ita claudatur Concla- 
 ve, refervato aditu ad fecretam Ca- 
 meram, quod nuUus, poftquam in 
 
 CoRclavi (inclufi) fuerit, intrare va- 
 leat vel exire. Nullus adeofdem E- 
 ledores aditus pateat, vel facultas 
 fecreta (fecrete) loquendi aliquem 
 cum eis, nee ipfi aliquos ad fe ve- 
 nicntes admittaut, nifi dc confenfu 
 omnium aliqui pro his, qui ad elec- 
 tioncm pertinent, vocarentur. 
 
 Quint 0, Quod nulli liceat ad ipfos 
 Eleftores nuncium mittere vel fcrip- 
 turam. 
 
 Sexto, Quod in ipfo Conclavicom- 
 petens fit fenefira, per quim E!e6lo- 
 ribus & fervitoribus vitx neceflluia 
 minifirentur, per quam tamen nulli 
 poffit patere acceflTus. 
 
 Scptimo, Quod in fingulis dicbus, 
 poftquam Conclave intraverinr, pra;- 
 ter panem, vinum &aquam, in pran- 
 dio unum, & in coena unum dumtax- 
 at ferculurocarnium unius fpeciei tan- 
 tummodo, aut pifcium aut ovorum 
 cum uno potagio de carnibus vel pif- 
 cibus, principallternon confeftuin, & 
 decentibus ialfamentis, hibere va- 
 leant, ultra carnes falitas & hcrbas 
 crudas, ac cafeum, fru6tus, five e- 
 leSuaria. Ex quibas tamen nullum 
 fpecialiter ferculum conficiatur, nifi 
 ad condimentum fieret vel faporem. 
 
 Et
 
 pr EkSfores ^ Oijlodes Conclavis. 
 
 44^ 
 
 Et In iftis clbis reftringetur per Cle- 
 men temVI.Gonftitutio, Ubi majHspe- 
 riculum, pro primis tribus diebus, qui* 
 bus nulla ciborum erat limitatio, & 
 pro fequentibus modcratur. 
 
 Oilavoy Quod videtur efTe (in Lipf. 
 eft) demente Conftitutionis, Ubi ma- 
 jus, (per Cl«m. Ne Romani) quod 
 nuHus intrare compellitur Conclave, 
 nifi omnes recufarent, quia tunc co- 
 gendi funt. 
 
 Noao, Quod volentibus exire per- 
 mittitur. Sed fi omnes exirent, Papa 
 non eleSo, reiatrare compel luntur 
 nili quos excufat intirmitas. Sed qui 
 line caufa infirmitatis exiverit, ampl ius 
 non admictitur nifi omnes, ut pra:- 
 mittitur, exireat. 
 
 Decimo, Quod cxiens pro caufa in- 
 firmitatis, acetiamabfentes, li luper- 
 veuerint, re Integra, videlicet aate- 
 
 quam de Papa fit provifum, admit- 
 tantur in Conclave, in ftatu, in quo 
 erit eledlionis negotium. 
 
 CusTODEs Conclavis jurenr, quod 
 prjemilTa omnia, fine fraude, & dolo, 
 inviohibiliccr faciant obfervari, nequc 
 Cardinuks & alios Eledores ultra- 
 prsemiira coardabunt, nee permittent 
 per alios co-.r£lari. 
 
 Sequentia Capitula, cum jura- 
 mentis prxftitis, in Lipf. M S C. 
 breviter. 
 
 Item, Quod eadem die omnes CuP- 
 todes, & maxime, qui uddentur ultra 
 illos, quibusdejure competit, no- 
 minatim deputentur per Concilium, 
 & jurent praemifla. Item videtur, 
 quod, fi Dominus Rex eft prsfens, 
 debeat pro fuae Majedatis reverentia, 
 ab eo, fedente in fede fua, per duos 
 Cardinales recipi jurame»tnm, &c. 
 
 V©L. II. 
 
 LU 
 
 MAR-
 
 450 
 
 MARTINI V, PAPiE 
 
 In Conftantienfi Concilio A. 1417- d. 11. Nov. 
 Martini die eleQi 
 
 REGUL^ CANCELLARIiE, 
 
 Altera jl at im fojl EleEi'tonem die^ np. 12. Nov. 
 A JOANNE OSTIENSI, 
 
 Cardinale & Vice-Cancellario, 
 
 "More confucioin Concilio confcripta, ^ A. 141 8. d, i6, Febr» 
 ibidem pMicatx. 
 
 Ex antiquiflimis Codiclbns M S Ctis. 
 
 ViNDOBONENSIBUS AC LiPSIENSIBUS? 
 
 ApuA Fonder Hardt, T. I. p. pdy. 
 
 (0 
 
 r 
 
 'K 
 
 D illius, cujus perfeita funt 
 Opsra, & a quo ejus in terra 
 Vicjrio oninis perfpicitur col- 
 late poteflas, laudem & gloriam ; A- 
 poftolicK Sedis, ipii imperante Vica- 
 rio, laudabile regimen : Agendorum 
 qnorumlibet normam regiam : Ac 
 juge profperitatis publics: tbinentum. 
 Sequuntur Ordiniitiones live Re- 
 guU, per fiiudliffimum fn Chrifto Pa- 
 trem & Dominum noflrum, Domi- 
 num Martinum, diviiia providen- 
 •J„. 1417. tia Papam quintum, anno Domini 
 ''•"■.'^''^■MCCCCXVII die XII. Novembris, in 
 y cjeiiiis (raJliHum fua a£umtio>iis ad fitmmi 
 lap^. i. AfoJlolatHS apicem, isf <^»?'^ /a^c CorO' 
 "■ i^°T. natioms folennia faftae & ediix. 
 CmcdlarU Qu AS f»o dumtaxat tempore durare 
 P-^'«'-"'«voluit. Quafquc poftmodum Ego 
 
 natiott7m, JOAN^JES OSTIENSlS EPISCOPUS , 
 
 MboiiienJi,fa»(f},c Romame Ecclefuc ViCE-Cax- 
 ^ufcZ' CELLARIUS, & CaRDINALIS Vi- 
 
 tiUatia. VARiENsis nuncupatus, de ipfiusDo- 
 ■*■ '*•/• mini uoliri maad^to tam iu QanesUa" 
 
 ria ^pqflolica, quam di£lx Sedis an- puh'.kats. 
 dieKtia publica, publicari mandavi at- ^^ ;'''.?"''*• 
 que feci lolenniter, ut e(t mons, dte twiesMar. 
 Sabbathi XXVI Februarii^ Pontifica- '":! V- fi- 
 tus fui anno primo. miUiA.ti. 
 
 ^ . cejjoriim re- 
 
 iNPRiMis etiam nonnullorum fuo- Una ww- 
 rum fr.tdecejforum, donee fuper his '"^• 
 aliiid ordinandum duxerit, inh.erendo 
 •vejligiif, RefcrVcitiofies fecit, illis (i- 
 miles, quK in Conllitutione felicis 
 recordationis Benedicii Pnpcc Xll^ 
 PrsedecelToris fui, quseincipit; Ad 
 Regimen^ continentur, ubicunque 
 Prelaturse, Dignitates, & Beneficia, 
 ibidem comprehenfa, vacavcrint. 
 
 iTEMdecIaravit, qutccunquc&qua- 
 liacunque, Canonicatus, Prxbendas, 
 Priorarus & Prxpolituras, Dignitates, 
 Perfonatus, OfBcia & alia Beneficia 
 Eccleiiaftica, fecularia & regularia, 
 cum cura, vel fine cura, in Bakhafa- 
 ris, 'Joannis XXIII^ Petri de Luna, 
 Bertediiii XIII, isf Angeli de Corario, 
 Crcgorii XIL oiim uuncupatorum, 
 
 obes
 
 Martini V. ^apa\ &c: 
 
 45 K 
 
 obedientils, per coiitendentes de Pa- 
 patn inibi refervata: Ec ctiam, qux 
 ctidus Petrus, tempore, quo de hu- 
 jufmodi Papatu contendere incipcrcr, 
 obtiniDu: : Qua; videlicet tempore ac 
 occalione (ubtradionis obedientiarum 
 carunaem, iplis Balthnfari, Petro cs* 
 Jlngelo^ G'nerali Conftantienji vigente 
 Concilia, faSce, vacabant : Remjn- 
 fiffe & remancre per hujufmodi refer- 
 vationem & decretum efteda : Nul- 
 lum de illis, fiveetiam Cathedralibus 
 Ecclefiis vel Monafteriis, eorundem 
 contendentium ordiiiationi & difpo- 
 fitioni refervatis, & tempore & occa- 
 fione fubtraflionis hujufmodi vacin- 
 tibus, prxter Rumanum Pontificem 
 ea vice potuilFe five poffe difponcre, 
 vel fe intromittcre quoquo modo. Ac 
 decrevit irritum, &c. 
 ^'n^^Mf. Item prscdida die refer-vavlt gene- 
 nht MjLrralitcr difpolitioni fux omnes Digni- 
 '."" !,; '"'"tares maiores in Cathedralibus port 
 /"«.>&=c..,-Pontihcales, & pnncipales in Colle- 
 ditiMnm. giitis Ecclefiis, ac Prioratus & FrEc- 
 polituras conventuales, nee non prae- 
 ceptorijs generales ordinum quorum- 
 cunque, & qusccvanqueBeneficia, qus 
 fui & fanitx Romanx Ecclefia: Car- 
 dinalh'.r/i familiarcs, continui com- 
 iiicnfales, obtinent, & in pofteram 
 obtinebunt. 
 
 Item eadem die refcrvavit genera- 
 liter difpofitioni fux quofcunque Ca- 
 nonicacus & Prxbendas, ac Dignita- 
 tes, Perfonatus & Officia, ceteraque 
 Beneficia Ecckfiaftica, cum cura vel 
 Re/ViTci. filie cura, in BafiUca principis Apujlo- 
 tiotiei Ec- lorarri, nec non fanfti "JoanKis Late- 
 VmTko- f^»^'''f" ac B. Marice majoris da Urbe 
 mi.. Ecclefiis, turn vacantia., & in antes 
 
 xacatur.i. 
 Legati Item eadem die declaravit, quof- 
 Tontificis cnnque, etiam de l.itere, Apoflulica 
 tiirj, difiw-Sed:s Legiitos, quamvis etiam hactenus 
 /itionf i;/» fuptr hoc auftoritate prxdicta live fa- 
 v'^io'mn cuUatemunitos, pod hujufmodi ejus 
 pfaUum. allamtionem noa potuilTe, five in 
 ante polFe difponcre quomydolibet dc 
 
 Beneficiis difpofitioni Apofiolicje ge- 
 neral iter refervatis ; Decernens irri- 
 tum, &c. 
 
 Item eadem die revocavit omnes 
 uniones, quacunque au6toritate fac- 
 ias, qux nondum fuum fortitx fuc^ 
 rint etiedlum. 
 
 CIRCA EXPEDITIONEM 
 LITER ARUM. 
 
 T N primis voluit & ordinavit Do- l^'gK^t^ . 
 ■■- minus noller, quod omnes & fin-ST;,"ja,l^ 
 gulx "Jaanms XXIII, BenediiSi XII, a,ite AUf 
 dementis FI, Imocentis VI, Urbani l^^l^f^'"'" 
 V, y Gregorii XI, Prxdeceiforum 
 fuorum, Ordinationes & Regulx, in 
 Cancellaria Apoftolica, falvis infra 
 fcriptis, firmiter obferventur. 
 
 DE EXPECTATIVIS. 
 
 Item voluit & ordinavit, quod per 
 fignaturam quamcunque, in Rotulis 
 fuper expe£iatiz'is griitiis generaliter "'f/''^*- 
 pro tempore faSam fuper quibufvisjj, 
 petitionibus inibi contentis, nij feor- 
 fim fafficienter fignatxappareant, Li- 
 terx alias quam fuper hujufmodi ex- 
 pedlativis nullatenos expediantur. 
 
 Item voluit & ordinavit, quod in Exp'^jti- 
 quibuflibet expeftativis gratiis Digni-'"'^"."" «• 
 tates in Cathedralibus majores poil"'^*""""' 
 Pontificalcs, & in Collegiatis Eccle- 
 fiis principales, ac in regularibus Pri- 
 oratus, & Dignitates conventuales, 
 & prxceptorix generales, fcmper ex- 
 cipiantur : Non obfiante quacunque 
 fignatura, etiam motu propria fada : 
 Nifi fpecialiter in ea de major! digni- 
 tate, vel principal! aut conventual! 
 vel general! concederetur. 
 
 Item voluit &ordin:.v!r, quod, fal- 
 vis regulis infra fcriptis, per quam- 
 cunque fignaturam, gracix expedati- 
 vx in rotulo vel extra appo/it.im, e- 
 tiam pro quocimque, ad unum dum- 
 taxat bencficium, & unicam collatio- 
 lieoi, vel de Caiiouicatu fub espefla- 
 L 1 1 i £ione 
 
 frrii gr. 
 • tiii.
 
 453 
 
 Yttm pnt'or 
 
 riUi^ i/t fj- 
 Ci-is Btiiep- 
 ciii cnnfe- 
 ten, 'is. In 
 Italia, 
 
 Martini V. "P^/^ 
 
 J)t tax* 
 
 ienefiiio 
 rum facro- 
 rum iYitii- 
 tis confireti' 
 ium. 
 
 tione Prebends alicujus Ecclcfix, e- 
 tiam fi petatur, Litcrx concediiitur. 
 Sed /ro idoueif, ut iiifrn, potcrit addi 
 de dignitate, perfonatu, adminiftra- 
 tione vel officio Ecclefi3&, in qua pe- 
 tet de hiijufmodi Canonicatu, cum 
 expedatione Prsbends;. /a Italinta.- 
 meii petentibus duo dentur beneficja 
 & toddem collationes, eiiuinfiuuum 
 illorum dumtaxat Canonicatus & Prx- 
 benda Ecckliae cathcdralis exiftat. 
 Verum ubicunquc petens adbeaeficia 
 fimpliciter, ut fiipra idoncus^ habeat, 
 etiamfi Canonicatus & Prcsbendaj 
 dignitas , perfonatas , adminiftratio 
 velofficium, in cjthedrali, ctiamme- 
 tropoiitana, aut collegiata Ecclelia. 
 Aliis autem detur, eriamfi in Ecclefia 
 cathedrali, ac Canonicatus & Prseben- 
 d.i aiierius, quam ipilus cathcdralis 
 E-ckfix, feu oiBcium, ubicunque 
 fuerit. Et omnibus iftis in qualibet 
 Ecckliarum prsdiftarum Canonica- 
 tu- & prsbenda cum Pr«Dftimoniis & 
 prccftimonialibus portionibus , nee 
 non oblc^iis, abditamentis, ferculis, 
 fuppkmentis, &fimilibus, unius tan- 
 tum ipfius Ecclefias Canonic '.rus quo- 
 modoHbetvacantis vel vacatur!. Quo- 
 rum fraSus, fi impetrans Dodor vel 
 'hicentic'tui in aliquo jurium, com 
 rigore examinis, aut in JhenUgia fal- 
 temfort»ati/s Baccalaureus fuerit, LX. 
 alias XXX, librarum Turonenfium 
 parvorum , ve] tamnndem in alii 
 moneta, lecundum taxationem de- 
 cims non excedant, pro uno benefici j 
 veniant, fi ad hoc petitiones eorum 
 fe cxtendant. 
 
 Item voluit & ordinavit, quod, u- 
 bicunque Liters expediantur in ex- 
 pcSativis pro Magtftris, Licentiatis.; 
 Baccalatireis formutis inTheohgia^ isf 
 Dodoribui in Jure canemco vel civil.-, 
 tam fcculaiibus quam regularibus, .'J 
 tinum benefiiiu/ntan'.nm, cujufcuna; 
 laxje fuerit, vel de Canonicatu fub 
 expeilatione Praibends ac dignitaris, 
 peifonatus adminiftratiouii vel officii, 
 
 &c. ut f:pr3, collegiatse ve! cathc- 
 dralis Ecck lis, fi petatur : Si vero 
 fignatura liiftragetur eis ad duo vel 
 flura, detur taxa in i:niverfo sd c. & 
 L. librasTuroneniium parvorum, vel 
 tantundem in ^ilia moneta, fecundum 
 axationem decima;. 
 
 Item ia partibia GaUicatris ac per I» GaIUh,. 
 totam Uifpr.nium., five Cgnatura ad u- ^: ^'^l*' 
 num five ad plura beneficia fe exten- 
 dar, detur Magijlris in Mediciria, CS* 
 in "Jure Car.onico Z'cl CiviliLicentiatis 
 cum rigore examinis ; in beneficiis fe- 
 cularibus, in locis, in quibus antiqua 
 taxatio decimsead illius medietatem eft 
 reduda, ficumcura, lxxx, {\ fine 
 cura, LX. Ubi vero rednSlto non eftj 
 ficumcura, c. & xx, fi vero fine 
 cura fuerit, LXXX librarum Turo- 
 nenfium parvorum, fecundum taxa- 
 tionem ante diftam. 
 
 Item, quod in'Theologia non format/, . 
 aiit in Jure canonico vel civiliBacca- 
 liiurei, ncc non in Medici na, acjlne 
 rigore examinis in aliquo Jure Licen- 
 tiati, cjr in jlrtibus Magi/lri, habeant 
 in Ioci<;, in quibus eftantiqujc taxatio- 
 nls r. -latlio, fi cum cura, lx, &fine 
 cura, XL. In aliis autem, fi cum^ 
 cura, c, & fi fine cura fuerit, lxx. 
 librarum Turonenfium prsdiSorum, . 
 fecundum taxationem ante didam. 
 
 Item cetctifecuLres habeant in lo- 
 cis redu6lionem habentibus, de qua 
 jnpra. fi cum cura, xl, fi fine cura, 
 XXX. Et in aliis^ fi cum cura, lx, 
 fi fifie -^ura fuerit, xL. librarum Tu- 
 ronciiiiuni fimilium. 
 
 Ite.ni regulares non graduati, Ut fii- 
 pra, hnbeaat in locis cum reduSionc 
 praEmifi!a, lx. & in aliis, lxxx li- 
 brarum Turonenfium fiirilinm, fe- 
 cundi.m taxitionem ante dictam. 
 
 Itv.h. fectelares nnn gr.iduati taxam*- 
 habe.mt in /llemanin, Scutia. ^ itt 
 Hihrni', fj cum crra, xxv, & fi fiiie 
 cura, xvHi. In .l^giia vero, fi cum 
 cura, XL, & fi finecur.i, xxx. Regu- 
 lares autem xxx maicarum. 
 
 d Item 
 
 /
 
 Regiila Qancellartai 
 
 453 
 
 tione III ht- 
 
 Item /» It:7fia dentur, fi cum cura, 
 EX, & fi fine cura, XL florenonim 
 auri, lecundum taxationem prjclibi- 
 tain. 
 
 Itfm ;"« forma panpcyion detnr in 
 locit Gallicanis cum rcdudioiic prcs- 
 fcripta, fi cum cura, xxv, & fi fine 
 cura, XV. Et in dliis i.ciSf fi cum 
 cura, L, & fine cura, xxx. Et in 
 H'fpa.ia y Arrngu»ia^ fi cum cuia, 
 XL. & \\ fine cura. xxv librarumTu- 
 roiunifium p'rvorum. /» Akmani.-!^ C\ 
 cum cura, xxv, & fi fine cura xv. In 
 jingliu vt-ro, fi cum cura, xxx, & \\ 
 fino cura, xx marcarum. lnltcilia\z- 
 ro, ^\ cum cur:', xxx, & li fine cura, 
 xxv fijrenori.in u'lreorum 
 
 Item volai: & ordin.vir, quod in 
 ■partibus Gallicanii in expeftativis nulM 
 detur ad Canonicarus & Praebendas 
 Eccl'.-lnrum caticJraliom: Mngijlat 
 intheolugi.!^ Do^loribns H Licenttatn 
 cum 'igore examinis ;« ^nre Ca»o-ii- 
 co vei Civili^ Magj^lni in Meduin,2^ 
 Licentiatis t'f Baccul :urc:s in Theok- 
 gia^ Magifleriis in Artibus^ qui per 
 feptcnniam port M.igillerium In Ar- 
 tibus rirxerint, vel in Tlieolo^ia tam- 
 diu .luduerint, Apofiolicx Sedis Q(- 
 ficiaiiaus, spud eandr'in Sedem Tuis 
 officiis a6ta pro tempor- infill r.tibus, 
 Domini noftri Parse, CJardin-.Iium, 
 Imperatoris, Regum &Ducuui neco- 
 tibus & confanguineis ac nobiliiius, 
 dumtax..t excep.is. Aliis veio ad hu- 
 jufinodi Canc-nicatus & Piasueuu S 
 petentibus detui de beneficio, cum 
 cura vel fine cura, yout cafaces fue^ 
 rint, etiamfi Cn'^onicatus &" Prasbt n Ja 
 alterius quam caincdr;'lis Eclefia ex- 
 ifiat, ad ime;;ri.i,i collation m, utpote 
 Arclii-Epi'.'ipi, Spill\)pi cJc Cap'trii 
 iinguloruinouc <' ^roui'-'orum & uer- 
 fonarum, ttiani Qijnitates ootiaeii- 
 tium Ecclefias, in qua ad Prsbendas 
 petebant fe adu>it>i. 
 
 Item voluit & ordinavit, qu'id 
 hhHhs \a cuculis graciarum expcdaci^ 
 
 varum, datas ordinatas habentibus, 
 poffit altqiicm ponere loco ftii. 
 
 Item, quod /'if/tv^r; ad cujufcunqp'/^fW-a* 
 feu quorumcunque coUatiouem, vel''^"'/-^. 
 ad plures collationes aut Ecjlefias^jy" 
 disjuniiive, detur duntaxat una colla- 
 tio, vel Ecclefia ex pctitis, talis vi- 
 delicet, qualeni vcrofimilitcr habuiP- 
 fer, fi e.m in lua pet!tione fpccificaf- 
 Tt. Voluit autem,, quod fi plures-^'^i''"'" . 
 perfonffi^raii.'.s expe£tativas in eadem^'lfj" X'j 
 f; pplicatione petierint, Litcra; pro pri-Art)sj7"<.i«i». 
 modumtaxatexpediantur, aliicareaut 
 omuino petitis. 
 
 Item voluit & ordinavit, quod in^^f "•"•'' 
 Pari/iefjji, Rothornageufi^ ^»'»'"'«'»/'/?«!m^ 
 Cameracenfi^ Bajocenfi, Narhonenfi^djm EccU- 
 RemenJi,Aynbia>3snJi ^ Leodicnfi^'Ec-^}"""'^'^'' 
 clefiis, null! detur ad Canonicatus, & '•■'«"•""""' 
 Prxbendam ex rotulis expeftaiivis 
 quibuflibet : In Theulogia (y Mcdi- 
 cina Mdgijlris isf DoHuribus, cum ri- 
 gore examinis in ahquo Jure Licentia- 
 tis. fratribus, nepotibus, & confan- 
 gui.ieis germanis Dominorum Cardi- 
 iialium, & Magifiris nobiiibus acOf- 
 ficialibus dumtaxat Sedis Apoftolicse, . 
 exceptis. 
 
 Item voluit & ordinavit, quod per 
 quamcunque lign. turam, claufula^ e- 
 ttamfi fiHgula conferre habeant^ vel e- - 
 tiamrationedignitatum, &c. quas ex- 
 tra eandem Ecclcfiim obtineret, nui- 
 latenus in Uteris expedativis conce- 
 dar r. 
 
 Item, ]uod Magijiri, Doitores^ Li-- 
 cemiatt in 'Jure Ccn/jnico vel Civili^ 
 ac M^giflri in Medtcina, nec non Li- 
 centiati i^ Bdccaliurei formati ht 
 Tkeologia, una cum gntiis tipedtati- 
 vis qnibnfc'inque obtenfii), in rotulis 
 vel filpplicatlonibus particularibus 
 pC'flint qpxcunque heneficiu compati- 
 ''iiui, quse ofiiinent, retiiiere, dum-^fZ/J!!-?' 
 modo truihis eorum cccc hhrastMiias. 
 parvorum Turori;;r,fium vel tantun- 
 dem in ilia Qioneta iu pprcatis noa 
 e:cccdant. - 
 
 Itjem-, ,
 
 454 
 
 Martini V. 'Pap£. 
 
 Item, quod 'thcohg-.a mn formati 
 ^ in Jure Canonico vel Chili Bac- 
 calanrei, vel Magijiri in Artibns, isf 
 Licentiati in Medicine, una cum gra- 
 tiis expedtativis poffiut quxcmique 
 heneficia compatibilia, qUK obtiiient, 
 remercf dummodo eorum fruftus, 
 &c. cc libras, vel tantundtm in alia 
 jnoneta in portatis non excedant. 
 
 Item, quod alii non graduati etiana 
 beneficing qUK obtinent, compatibilia 
 cum eorum gratiis expeSativis reti- 
 nere valeanr, dummodo eorum fruc- 
 tus, &c. c libras vel tamundem in 
 portatis nou excedant. 
 Vecumah VoLUiT tamen idem Dominus 
 -umiayo- ^°^^''-, 1^^'^ qmhshehh^iiin^/te bcne- 
 "Z."'"' ficia vel nlir.i, quod fi gratiam expec- 
 tativam ad unum beaeficium, aut u- 
 nuin beneficium vacans, vel certo 
 mode vacaturum, feu pluraimpetrer, 
 quod teneatur dimittere tot beneficia, 
 dehabitis, quot beneficia afTequeretur: 
 Protonotariis, Corredtore Litcrarum 
 ApoQolicarum, ac contradiflarum, 
 & facri Palatii Apoftolici caufarum 
 Auditoribus, & Sccretariis, ncc non 
 DominoVice-CancellariOjVel ejus lo- 
 cum tenente, in Camera Apoltolica 
 prsfidenti alTiftentibus, dumtaxat ex- 
 ceptis : Etiamii infra fummas fupra or- 
 dinatascomprchenderetur, nifi in reg- 
 no Sicili.t i:f TrinacriiC, £5' inprovincia 
 BeaiiPei/i, in Thujfia ^Marchia An- 
 cor.itana, ac in Urbe ac ejus diflriftu. 
 Item voluit& ordinavit, quod ob- 
 tinentes beneficia Ecclefiaftica quE- 
 cunque, vel in eis jus habcntes, etiam 
 illorum non exprefifo valore, poffint 
 in communi forma impetrare per pe- 
 titorum aflecutionem pacificam ob- 
 tenta, acjus hujufmodi realiter di- 
 mittendo. 
 Dsoa'ort Item voluit & ordinavit, quod in 
 W«v<,. gratiis beneficialibus quibufcunque, 
 rwOTiMpe- per cum quibufvis pcrfonis pro ttm- 
 *'°."''"j"'porefaciendis, omnium ^ fingulorum 
 benefiaorum^ quK per eas, etiamli 
 motu proprio fiaiit, conceduntur, & 
 
 aliis nihilominus obteutorum, & de 
 quibus, vacantibus, vel certo modo 
 vacaturis, impctrantibus provifumaut 
 provideri mandatum vel concefTum 
 exftiterit, nifi ipfi impetranteseafor- 
 fan dimittere malueriat, vel alias 
 propter eorum incompatibilitatem di- 
 mittere tenerentur , ■vertis -valor in 
 monctaquacunque fecundum xftima- 
 tionem communemexprimatur. A- 
 lias Litercc fuper gratiis hujufmodi 
 nuUatenus conficiantur. 'Ex. fub ge- 
 nerali clanfidii^ in petirionibus plerum- 
 que poni folita, non obftante gratia 
 expedlativa feu difpenfatione, fuper 
 obiinendis incompatibilibus in Can- 
 cellaria Apoflolica expnmenda in li- 
 teris fuper hujufmodi petitionibuscon- 
 ficiendis, quis ultra duo beneficia pro 
 qualibet ex gratia & difpenfatione hu- 
 jufmodi nequeat explicare. Quod fi 
 ad plura ipfa gratia vel difpenfatio fe 
 extendat, petitiones ipfx omni penitus 
 careant effedlu. 
 
 Item voluit & ordinavit, quod r^f„:fZTl 
 aliqui in expeflativis gratiis petant,j.<j.;<m. 
 flatutis & conftietudinihus Ecclejiarnm, j."" ^'f'- 
 quibus cavetur, quod nullus inibi dep"^^,,^"; 
 minoribiis Prabendis ad potiorcs Jive «•» ■»i'e«- 
 rnajores Prabendas afcendat, derogari. '*"' " 
 Liters; cum claufuladcrogationis hu- 
 jufmodi nullatenus expediantur, nifi 
 earn ipfius Domini noftri Papx figna- 
 tura importer exprelle, vel ad partem 
 claufula concedatur antedi£ta. 
 
 DE VACANTIIS. 
 
 Item voluit & ordinavit, quod in''' "n^-'n- 
 gratiis beneficialibus I'oc.intibus aut'.','"r«:m' 
 certo modo vacaturis, quibuflibet, filter pe. 
 plura petantur beneficia, unum cnjuf-"",'*^'^/' 
 cunque annui valoris per finiplicem 
 fignaturam, & addito, ut petitur, duo 
 vel tria & non plura pctira beneficia 
 veniant, dummodo etiam illorum 
 fruSus, &c. ultra lx. in portitis vel 
 c libras Turoneiifiam parvorum 
 communi xftimatione, five tantun- 
 
 dtm
 
 Regula Cancellari£. 
 
 455 
 
 dem in alia moneta, non valeant an- 
 nuatim. 
 
 Item voluit & ordinavir, quod in 
 quibufounque gratiis beneficialibus 
 fuper vacantibus nulla detur claufulu, 
 generalem refervationem important^ ni- 
 li tx primo vacantioiiis modo, inibi 
 difpofitive narrato, aliqua talis refer- 
 vatio elici pofllc txprclle : Sed alias e- 
 tiam per limplicemfignaturam quam- 
 cunque veniant omnes modi vacatio- 
 nuni & per Conftitutionem Execra- 
 bilis, nee non claufulo;: devolutionis 
 & fpccialis refervationis, ac de lite 
 inter alios pendente, 11 petantur, col- 
 litigantes tamen ac etiam alii pe:cntes, 
 foil, neuter in (ingulis eorum petioni- 
 bus fuper litigiofis beneficiis quibufli- 
 bet, de lite, cui fe ingcrere conten- 
 dunt, fufficienter taciat memionem. 
 Alias literte fuper petitionibus ipfis 
 cum hujufmodi cxpreiTione litis non 
 expediantur quocunqne modo. Una 
 verb refervationum ex hujufmodi pri- 
 mo vacatiouis modo, ut praemittitur, 
 elicita, reliquK petitcc gencraliumre- 
 fervatlouum claufulK concedantur. 
 
 Item voluit & ordinavi-, quod ex 
 quibufcunque petitionibus, fuper no- 
 vis provifionibus, per concejjum pro 
 teinpore fignandum, nulla detur clau- 
 fula, gcnerali refervatione, etiam in 
 fYicfeitti difpofiitur, aut aliis vacatio- 
 num modis expreffim quomodolibec 
 comprehendens : Nili per Domiuum 
 Vice-Cancellarium dita reperiatur 
 appofita fingulis petitionibus ante 
 diSis. 
 
 Item voluit & ordlnavit, quod fu- 
 per beneficiis de jure patronatus Lai- 
 eorum quibuflibet, qualitercunque & 
 ubicunque pro tempore vacantibus, 
 Literx Apollolicx, niil in eis, quod 
 ilia tamo tempore vacarunt, quod 
 eorum collatiojuxta Latcranenfisfla- 
 tuta Concilii eft legitime dcvoluta, 
 vcl quod ipforum patronorum ad id 
 accedat aflenfus, exprcfle ponatur, 
 Vifllit Unas eoficcdafitury airi ipfe Do- 
 
 minus noder fignaret, etlamfi de jure 
 patronatus Laicorum exiftat. 
 
 Item voluit & ordinavit, quod R 
 in aliqua fupplicatione petatur bcnefi- 
 cium, per obitiim vel alio modo va- 
 candi in Cancellaria Apoftolica ex- 
 primendum, ncquaquam fuper ilia, 
 nifi pctent alicui per eiuTi, prius habi. 
 to colorato titulo, iinmitteretur, lite- 
 ras expediantur, fed omni prorfus ca- 
 rcant eft'eSu. 
 
 Item voluit & ordinavir, quod inQ/J'f'-'j 
 lireris provilionum Ecclefiarum titu-J"'t"^£^ 
 
 larium pon.ltur claufula, quud ad ipfufnentur 
 promotl in eis refidere teneantur^ neC ■?'■''''"• 
 pofllnt fine fpeciaii iuduitu a Papa 
 Pontificalia extra fuas Civitates & 
 DioEcefts exercere : Nee expediantur 
 Liierx, nifi prius de afllgnatione pro- 
 vifionis annua: eis aliunde faSs; uf- 
 que ad fummamducentorum floreno- 
 rum auri de camera doceatur. 
 
 Item, quod fi in aliqua fupplicatio- 
 ne de beneficio vacante aut certo mo- 
 do vacaturo petatur data anterior, 
 nullatenus ipfa veniat, quodque Li- 
 teroa fuper petiiionibus, in quibus da- 
 ta non eft appofita, non expediantur,. 
 nifi fubdatadiei, qua in Cancellaria 
 ponentur. 
 
 Item voluit & ordinavit, quod fi BeneficrMr 
 allqui Religiofi petant aliquod be-aefi-"^ mtrum 
 a:tm ad nutuni revocabilc^ cum claii- 
 fiila, quoad exinde pro folo nutu Ab- 
 batis vel Supeiiorum non pofiitamo- 
 veri. Liters; quoad ipfam claufulam 
 nullatenus expediantur , nifi idem 
 Dominus nofter ponat fignatuiam, 
 quod non pofllnt amoveri, vcl ad, 
 partem claufulun ipfam concedau 
 
 DE DISPENSATIONIBUS; 
 
 Item voluit & ordinavir, quod 'pct'D^.^'fp'f-' 
 quamcunque fignaturam petentibus ^I'pj'^^'^ 
 fibi qualitercunque i/tf beneficiis Ec~ in officii 
 ckjta/iicis etiam c/on difrenfatioKe pro-/""'" ','?' 
 videri, difpetijatto nul a detur,. niii:^ 
 per ipfam fignaturam exprelTe coucef-
 
 45^ 
 
 Martini V. Tapa 
 
 fa appareat, vcl, nifi talis fuerit gra- 
 tia, quas totaliter aftum hujulmodi 
 difpenfationis concernerer, vel line 
 ilia de aliquo o^erari noii poflet. 
 
 Item voluit ^: ordinavft, quod pe- 
 
 tentibus, fecum fuper defcdu nai,-M- 
 
 urn, quem pati imtur, difpenfari, fi in 
 
 aliqua fint liciia facultate graduati 
 
 vel magni mhiks^ dentur per fi!):pli- 
 
 cem fignaturam quatuor^ & aduico, 
 
 ti! peiitiir, ultra petita, etiamli Ca- 
 
 nonicatus & Prasbendse, dignit?res e- 
 
 tiam majores in crthedralibus, ctiam 
 
 metropolitanis, feu piincipales iucol- 
 
 legiatis Ecclefiis fuerint. Aliis ai - 
 
 tem dentur per (implicem fignatuiam 
 
 duo, & per fiat, ut petit ur, fi tot pc- 
 
 tantur, beueficia Ecclefiaftica qus- 
 
 cunque, dummodo Canonicatus & 
 
 ^I-fn- PrsbendK in cathedral ibiis Eccl.fiis, 
 
 aut dignitates non exiltant. Circa 
 
 fpurios ta.men & expojlroi ac confiini- 
 
 les confulatur idemDominus noller, 
 
 vel Vice-Cancellarius, ut mijor in 
 
 . illis rejlridio fervetar, Clausula non 
 
 fitciendiC mentionis de defeSln, non ve- 
 
 niat, nifi feorfim concedatiir. 
 
 fj.imf"-' ^TEM voluit & ordiuavit, quod pe- 
 
 pe>- incom- tentibu'i, fecum fuper obtmeud'n ?»- 
 
 gatililia. cowpatibilibui difpcr-if.iri, Jl in Theolo- 
 
 ria aut "jHre Canonio vcl CifiH Doc- 
 
 t'ores, vel cum rigore examixis Licen- 
 
 tiati, feu nsagiji nobiles fuerint, per 
 
 fimplicem fignaturam annus, & per 
 
 fiat, tit petitur, biennium etiam, ad 
 
 duo dumtaxat ex hujufmodi incompa- 
 
 tibilibus ; Dummodo tamen ilia in 
 
 cathedrrlibus majores port Pontifi- 
 
 calts, vel Collegiatis Ecclefiis prin- 
 
 cipales dignitutes, feu Parochiales 
 
 Ecckfi<2, ipfimul, aut tales mixtim 
 
 Bon luciiiit, Cc cum pvyteilate pcrmn- 
 
 tandi, fi petatur. 'Poterit tamcn 
 
 Vice-Cancellarius, vel ejus Locum- 
 
 tenens pro tempore, circa perfonas 
 
 alias in licita facultate quacunque, 
 
 etiam minui graduatas, fuperiorem 
 
 rcilridtionem de hujufmodi digiiitati- 
 
 bus ac parociiialibus Ecclefiis, per 
 
 tales alios, ut prxmittitur, infimul 
 retineiidis, moderate, pcrfonarum 
 eaiu'^dem, ncc non locorum peufata 
 
 qiiali:ate. 
 
 DE BENEFICIIS PAR VIS. 
 
 Item voluit &ordinavit, quod pro ?'.''%''' 
 nullo, mil ultem JiA/i. fu,v atatispirjuate 
 
 annum attiugat, expedian:ur Litera;,'"/""''"/- 
 quod bencficium quodcunque cum'''^^'^^'J^l 
 cura, vel etiam pro minori, XVIl, «n- 
 »o>-a»? complete, quod dignitatem vel 
 pcifon:tum, civixn Jlne cura., vakat 
 obtinere. 
 
 iTtM voluit &-brdinavit, quod fe- P' i''//'^"- 
 cum difpenfiti petentibus, ut ratione^^""'^/,"/. 
 Ecclejliijlicorum beneficiorum, curjto-oui facrii, 
 rum^ aut alias ex privilegio, (tatuto, 
 vel confaetudiiie/i^TO/ ordiues requi- 
 rentium, ad ordines, quos hujufmodi 
 beneficia requirunt, vcl aliquem ex 
 illis, fe non tcneantur facere promo- 
 veri, fi in Romana Ctiria vel generali 
 Jiudio refidere vuluerint, per fignatu- 
 ram, fimplic.m dctur quinquennium, 
 & addlto, ut vetitur, feptennium, A- 
 libi verb refidendo, ex quacunque 
 fignatuia qr.iaquennium dumtaxat 
 conced:itur. Hoc tamen fcmper ad- 
 junflo, quod faltem infra annum, a 
 tempore data; difpenfationis hujufmo- 
 di, in ShbdiacoHOf fint promoti. 
 
 Item \oI..it & ordinavit, quod de^' f^'ft'"- 
 cetero etiam per fignaturain quam-pj*™"/'^. 
 cunquenulli, cujufvis dignitatis, gm- w i« rji. 
 dus, conditinnis exiftat, m fuo genito-'"/""' 
 rt in benepcits immediate juccedere^ 
 vel in Ecclefiis, in quibus ipfegenitor 
 beneficiatite exiftit, beneficia obtinere 
 valeat, Litcta: quomodolibet concc- 
 dantur. 
 
 DE FRX:CTIEUS 
 
 PERCIPILNDIS. 
 
 Item voluit & ordjnavit, quod pe-^* 'a'"?^' 
 ter.io'.is 7?^; de fuorum beneficioium^j^l^J"^! 
 frudibus in abftritta fcfpom- ',fi incrcn'mio 
 
 Curia"''^"'*^ ,.
 
 MeguU Cancellaria. 
 
 457 
 
 Curia Romana vel i» ftudio generali, 
 per fignaturam quamcunque quin- 
 quennium, & addito, ut petilfir, fcp- 
 tennium. In altero vcro beneficio- 
 rum fuorum rclidcre volenti, trien- 
 nium dumtaxac concedatur. 
 
 DE INDULGENTIIS. 
 
 Ve Indui- Item voluit & ordinavit Dominus 
 
 genws, noRer, quod tndulge>itit per eumde- 
 
 inceps concedends, five per fiat 
 
 concedentur, five per concejjum vifi- 
 
 tantihis videlicet Ecclefias vel pia lo- 
 
 ca, feu illii eleemofvnas etiam <?(//«- 
 
 Ai iicemhricarn vel alias, &c. porrigcntibus, 
 
 "'""''■ durent dumtaxat yer decern anms. 
 
 Et dentur folum fefiivitates fequen- 
 
 tes : Videlicet feptem Domini no- 
 
 Ihi, & quatuor beatje Maria;, Joan- 
 
 nis Baptiflae, Sanftorum Apofiolo- 
 
 rum Petri & Pauli, celebritas omnium 
 
 Sanflorum, nee non SanQorum, 
 
 lub quorum vocabulo Ecclefix five 
 
 loca hujufmodi funt fundata, in dc- 
 
 dicatione earundem Ecclefiarum & 
 
 locorum , ac etiam oftavis ditla- 
 
 rum feftivitatum oftavas habenti- 
 
 Aiunum uni. Et ponatur cLiufula^ volumus^ 
 
 ihmavM.quod, fi alias &.C. Si tempus indul- 
 
 geiitiarum adhuc duret, voluit, quod 
 
 fi aliqua indaigentia pro 7tna tantiim 
 
 die iiyini petita fuerit, non apponantur 
 
 feRa prxdicta, ipfaque indulgentia in 
 
 perpetuum duret. 
 
 TmEcch- Item voluit & ordinavit, quod fi 
 
 iishofpita-3,V\<:^WX indul^enti<c pro Ecclcjiis h-jfpi- 
 
 '''"'• talibus aut piis Jocis, ad infiar indul- 
 
 gentiarum aliis Ecclefiis vel aliis lo- 
 
 cis concellarum petantur, i\ non ple- 
 
 ne fpccificats fucrint. Liters; non cx- 
 
 pediantur fuper illis. 
 
 iTKSt voluit & ordinavit, quod in 
 Literis Apollolicis fuper indulgentiis, 
 per ipfum deinceps concedcndis per- 
 fonis vilitantibus Ecclefiis, feu alia 
 loca pia, vol ad eorum rcparationcm 
 isVL fabric am minui p'lrrtgenl'biii ad- 
 jutrices, feu inioi pias elecmofynas 
 Vol. 11. 
 
 erogantibus, d fupplicatio fignata fu- 
 erit per ^^z, fi Ecclefia Cathcdralis, 
 vel infignis collcgiata Ecclefia Ca- 
 thedralis, aut folcnne Monafierium 
 fuerit, tres^ aliquando duo anni, 6c 
 totidem quctdragen^e. Et fi pet fiat, ut 
 petitur, pro cathedral! aut collegiata 
 Ecclefia aut MonalUrio hujufmodi, 
 quatuor^ aliquando tres anni, & toti- 
 dem quadragcna^ licet plures petan- 
 tur, per fingulas vero oSiavarura fe- 
 ftivitatum confuetarum, & pro Ca- 
 pellis vcro tantummodo c dies ap- 
 ponantur. 
 
 Item voluit & ordinavit, (\\\oA dc indui- 
 deinceps aliqux Liters: _fupcr <^o»t^ff-f",-d'rJi- 
 Jione indulgentiarum hujufmodi, aut/.«j/;;cin(. 
 etiam a pceaa ^ culpa, pro quibuf-"'- 
 cunquc pcrfonis, fnb ftgillis Cardina- 
 Uum feu alterius cujufcunque non 
 expediantur. Quod ii fecus fiat, eo 
 ipfo fint nulLe. Et in literis Apofto- 
 licis fuper illis connciendis ponatur 
 claufuLi jejutiii. 
 
 DE DIVERSIS FORMIS. 
 
 Item voluit & ordinavit, quodcW« 
 onines & finguls beneficiales grati£e t''""^^" 
 quorumcunque, qui Conjiltarii, Se- .juihu b^- 
 creiarii, aut far/itliares ac Officiarii"^!^^"'!'''- 
 Cardinaliur^, Regum, Dticutn, C»- "/'^^ j'^'''^. 
 rnitUrH, Frincipum, feualiorum Q^Q-pertundn, 
 
 rumcunque, videlicet in pctitionibus-''''' '™ "* 
 illis, pro tempore porre6lisalIlTuntur,y;'/,^,i's 
 nifi realiter tempore data: petitionum "f^jV;;* 
 hujufinodi & an tea per duos menfies-^'' 
 integros talcs exjliterint , nullius fint 
 roboris vel momcnti: Et in literis, 
 fuper hujufmodi petitionibus confici- 
 endis, de inenfibus eifdem, ut praimit- 
 titur, meniio habeatur exprella. 
 
 Item voluic & ordinavit, quod 
 nullus ex Dominis San6l£e Romans 
 Ecclefise Cnrdinalibus, vigore cujuC- 
 cunq; gratia; expcS-itivx, ctianimotu 
 proprio, & llib quacunqnc forma vel 
 exprelfione vcrborum concefl"c5 hac- 
 tenus, vel impolterum coaccdendx, 
 
 M m ni poffic
 
 458 
 
 Martini V. Tapa 
 
 ',"'''■ poffit aliquam ciii!;nit3tcm in cathe 
 
 itni hLie'.}-' ,- ,•/:„, i„„, „,,;„,„,-„ ,,,a 
 
 fardin, li- 
 
 eta refirm-^iA\\ pfill poiuificulem nijjorem, vel 
 i^mur. in collegiata Ecclcfia principalcm feu 
 parochialein Ecclofiam vel Prioratum, 
 ieualiam Dignitatem conventual cm, 
 vel Prceccptoriam generalem, vel Of- 
 ficium clauftrale, feu etiam quod- 
 cunque aliud, cujus fruduum valor 
 ad fummam Lxx lioranim Turonen- 
 lium parvorum, vel alterius xquiva- 
 lentis monctce in portatis non afcen- 
 dat, beneficium Ecclefuillicumaccep- 
 tare, feu fibi de illo vel alio facere 
 provider! ; ipfa:que acccptatio ^ 
 frovijio, fi fiant, nullius lint mo- 
 menti. 
 
 Item voluit & ordinavit, quod qui- 
 cunque vigore gratiarum expeftativa- 
 rum acceptaverit qugecunque Benefi- 
 oia ecclefiaftica, fecularia vel regula- 
 ria, cum cura vel line cura, etiamli 
 Canonicatus & Prsebenda; ac Dignita- 
 tcs, Perfonatus vel Officia feu Admi- 
 nillrationes fuerint, teneantur & de- 
 £>e modo beant infra UHiHS minfis fpaiiftm, a 
 f™cfcS/- tempore hujufmodi acceptationis 
 cum occu- computandum,ia'f hujufmodi beaeficlis 
 Pfe./-^^ ^o^ ^r..p;..//V, ut prsefertur, fibi 
 fer fuos exccutores vel fublecutores 
 ficere provideri. Alioquin lapfo di£lo 
 menfe, hujufmodi acceptationes per 
 eos fafis, & quxcunque inde fecuta, 
 quoad numerum & qualitatem bene- 
 ficiorum, qux acceptationes concer- 
 nerent, vel concernere poffent, eo 
 ipfo fint cafia & irrita, nulliufque ro- 
 boris vel momenti : Et quod infra 
 tres menfes ex tunc immediate fe- 
 quentes teneantur hujufmodi accep- 
 tationes & provifiones in loco benefi- 
 t'ti publicare^ alias gratia & acceptatio 
 & provifio hujufmodi lit nulla. 
 
 Item voluit & ordinavit, quod, fi 
 ipfe faceret gratiam de Beneficio fine 
 cura, vel de Canonicatu, fub expec- 
 tatione Pra;benda alicujus Ecclefice, 
 alicui conliituto in nunu vel decimo 
 unno ftice cetatis^ an»o tacito^ de hu- 
 jufmodi xtate gratia ipfa fit nulla. Et 
 
 idem in vacantibus vel certo modo 
 vacaturis. 
 
 Item voluit & ordinavir, quod in 
 Literis fuper comprmutione cujufcun- 
 que unionis^ c»mpofitionis^ traKfadi- 
 onis vel alterius conira£lus^ claufuU, 
 fupplens defeiium^ fi quis in eo con- 
 tinetur, nullatenus concedatur, »//r 
 ipji defedtis effcnt in petitione fpecia- 
 liter exprejfi^ vel ilia per fiat, ut fe- 
 titur, fuerit fignata. 
 
 Item, cum, execrabili potiliimc ''"-'' fiW- 
 alias in Dei Ecclefia excirpato fchif-";,"V«r 
 mate, p\mibus, foliasPraJidentis octthfian.^ompo- 
 coKJuiefcente. ordine turbato xc\\&\s/"""V^ . 
 nonnulli Clcrici & Eccleliiftics per- EccUfiaa- 
 fona3, feculares zs' regtilares, etiam^'y" /"''"'' 
 mevdicanttum & aliorum OrdinHm''^\ci''oihm 
 diverforum, fuferjlitiojitatis ^ ambi- "'ulti am- 
 tionis velamine devedi, pro fuorum\!"°''''-n- 
 ordinariorum ac fuperiorum vi&ima, mi curi/U- 
 tamen potiori calcanda ac ftibterfugi-P'^"<''rum 
 cnda obedientiii, in Sedis Apojiolicd '"xcut'u'ndi 
 Capellams rccipi, ac fuper hujufmo- smguiaris 
 di Literis ejufdem Sedis Camerarii ^^j'"','!^'^'". 
 proccffus, diverfas Sententias, Ceiy- Ap^jiouL 
 furas EcclefialHcas , fatque Poenas-^'''"" 
 continentes, fieri procurarunt : Prop- 
 terea ad eorundem fuperiorum ac 
 ordinariorum jurifdidione prseten- 
 dentcs penitus fe exemptos ; Un- 
 de rerum experientia atteftante ma- 
 gilira, licentia laxato freno, non- 
 nulla per illorum aliquos commilli 
 exceJJ'iis is' crimina prateriere detefta~ 
 biliter impunita : Idem Dominus no- 
 fier, fuper his providere intendens, 
 voluit & ordinavit, atque decrevit^ 
 quod tales recepti hadenus, & in an- 
 tes, importunitAte forfitan impellente, 
 per eum fuis literis : etiam defuper 
 decernendis proceffibus, in fimilesC^- 
 pellaKos recipicndi, nifi Magifiri ^ 
 Baccalaurei formati in T'beologia, five 
 Dodores is' Licentiati in 'Jure Cano-^€T)oB'is 
 iiico vel Civili fuerint, fidverlMS gttos, ^•('/"■'*J»^'' 
 vtrt litem reflimenttbus jtadiis, Jimilistis. 
 timbitioms fufpicio non refpondet prx- 
 teitu Jitcrarum & receptionis earun- 
 
 dem«
 
 Regtila Qancellarla. 
 
 459 
 
 T>e Capel 
 lanatu A- 
 poft-tict 
 
 &du. 
 
 De erpe- 
 diendij Li 
 tens A- 
 pojielicit. 
 
 De expec- 
 tativis fit- 
 perhojfita- 
 ill-US, Ke 
 vodocbiis. 
 
 dem, "ab hujufmodi jurifdiftione Su- 
 periorum & aliorum Ordinariorum 
 prasfatorum nullatenus cenfcantiirex- 
 emti, fed libere per illos juxtafan6li- 
 ones Canonicjs corrigi poffint & de- 
 beant, perinde in omnibus & per om- 
 nia, ac fi literscSc procelTus hujufmo- 
 di, quorum etiam in hoc vigorcm & 
 fabfillentiam protinus ademit, .nulla- 
 tenus emanafient. 
 
 Item voluit & ordinavit, quod 
 gratis de Cafellanatu ApofiolUie Sedis, 
 quibufcunque perfonis concedendae, 
 nifi condet, feu conftare poffit deea- 
 nimdem perfonarum cxpreffo con- 
 fenfu. nullius exillant roboris vel 
 momenti. 
 
 Item, quod in quibufcunque Li- 
 teris fuper gratiis beneficialibus in 
 bulla per unum ex Ledoribus fcri- 
 batur, h flice Liter.t po(l taxam, 
 dies mcnfis per Calendas^ Nonas vel 
 Idus, & dcinde in Rcgijlra fcribatur 
 dies, menlis & annus mode confimi- 
 n. Et hujufmodi Liters de Regi- 
 flro tradantur parti. Et quod fuper 
 hoc Leftores & Regiftratores, & eo- 
 rum Clerici, pntjlent In mambtisVice- 
 Cancelhrii jurn/nentHm. Et quod 
 hujufmodi fcripturs ftetur, & plena 
 fides adhibeatur in judicio, in Roma- 
 na Curia & extra. 
 
 Item voluit & ordinavit, quod 
 nullus vigore gratia; expeiflativx, ab 
 ipfo impetratffi vel impetranda:, poffit 
 ■acceptare Beneficia, difpofitioni fua; 
 vel Sedi Aportolics quomodolibet 
 refervata, etiamfi expedans habeat 
 clauj'ulam in genere vel in fpecie, quod 
 beneficid hujufmodi acceptare poffit^ & 
 de illis facere provideri, aut quid fi- 
 mile in efFeftu. 
 
 Item voluit & ordinavit, quod 
 LiteriV expedaiiv.e fuper hofpitali- 
 bus, Icprofriis^ Xenodochiis, & aliis 
 piis locii, qux pro hofpitalite tcnen- 
 da funt fundata, de cctero nulla- 
 tenus expediantur, nilitalia finr, qua: 
 Ilia fundatione confueverunt in ti- 
 
 tulum perpetui bencficii Ecclefiaftici 
 lignari. 
 
 Item voluit & ordinavit, quafcun-Oi')-.-y!?n«- 
 que renunciatiunes, rcfizna'.iones. cef-',"-'"'^'" 
 pones KS dim: jjionts^ de cetero fien- r«m/iicr»- 
 das per quofcunque, quosad aliquam'"'"' 
 Prxlaturani promoveri vel alTunu 
 contigerit, de BencSciis quibufcunq; 
 Eccleliallicis, fecularibus & regula- 
 ribus, curatis & non curatis, etiamfi 
 Canonicatus & PriEbends, Dignitates, 
 Perlbnatus & Officia, aut alia qux- 
 cunque & qualiacunque exilbnt, iive 
 limplicitcr feu ex caufa petmutatio- 
 nis, feu quavis alia, in Romana Cu- 
 lia vel extra, in quoramcunque ma- 
 nibus vel alijs quovis modo inter ul- 
 timam vacationem Prxlatura: hujuf- 
 modi & diem promoiionis feu alfum- 
 tionis fuK ad eandem, cum omnibus 
 fecutis & fequendis, exinde foren»l- 
 las, invalidas ^ inejficaces^ nulla, in- 
 valida & inefficacia, 3c nullius robo- 
 ris vel momenti, & pro infedis ha- 
 beri. 
 
 Item, fi quis in infirmitate con- Derefigiui- 
 ftitutus refignaverit aliquod bene-''""!'" 
 fic!um,ubicunque, etiam in Romana "' 
 Curia live extra, caufa permutationis 
 five fiinpliciter, poftea infra XX dies 
 de ilia infirmitate decejferit, talis re- 
 (ignatio non valeat, & lit omnino ir- 
 rita, cum fecutis ex ejidem. Et talc 
 beneficium cenfeatur vacare per obitum 
 iffitis refignantis. 
 
 Item, ut in habendis Beneficiis Ec- Tmudes 
 
 c\tiu^\z\% fraudes evitentur, fervetur f'*'',"-''''' 
 
 f ■ ■ c_3 /'■• ' ""J-ientm 
 
 conjcientsa puritas, iS ambttionts viafura fir- 
 
 ambitiofa pracludalur. vanda. 
 
 Item Dominus nofler dcclaravi-, ^'faHd'a- 
 flatuit, voluit & ordinavit, quod quas- 
 cunque gratis, de quibufvis Benefi- 
 ciis, etiam fecularibus &regularibus, 
 cum cnra vol fine cura, vacantibns, 
 tanquam/'cr obituiy?, quibufvis perfo- 
 nis deinceps fub quacuncue data fa- 
 cieiida;, nifi tempore data: gratiaruin 
 liujufmodi, notitia v cationum expo- 
 fit.irmn in gratiis ipfis, dc locis apud 
 I\l ni m i qua
 
 4^0 
 
 Martini V. Ta^a 
 
 qiisctiinc vacaverint, /idiiSi'x DomiKi 
 noftri veroiimiliter potuer'u devcmre 
 mti'.idm, & qusccunqueinfccutn, iiul- 
 liiis exilLint roboris vel momeiiti. 
 T>e wno- IjEM voluit, maiidavit & oidina- 
 Zcorpora ^it, quod de ccteroquibufcunque im- 
 tionihuEc- petraiitibus aliqua BoieficiaEccle/iaJli- 
 cUfiarum. ^^ uuiri vel tncorporar't Cathedral ibus 
 vel Collegiatis Ecclefiis feu Mona- 
 lleriis auE Mcnlis Epifcopalibus feu 
 Abbatialibus, aut quibufcunque aliis 
 Beneticiis, tales impetrantes ter.eantnr 
 exprimere verum valorem^ fecundum 
 communem xltimationem tain Baie- 
 ficii fic uniendi^ quam etiam Eccle- 
 fia:, Moiiaderii aut Menfs, feu alte- 
 rius Beneficii, cui ttno ipfa fieri dc- 
 beat. Alioquiii hujufmodi venicns 
 lion valeat, & literas fuper eis non 
 expediantur. Et in talibusunionibus 
 (empcr fiat coy/imijfio ad partes, & o- 
 Keretur corifcientia illorum, qiiibiu 
 fommitterettir. Et idem voluit ob- 
 lervari : quando impetratur Coy/firtna- 
 tio un'tunii jam fk<fiie. 
 '"'"■"« .^"^ Item, cum Clerici & Ecclefiafii- 
 '^"j^f^.caD perfonx, fuas caufis ^ querelas, 
 ■vile non in his videlicet qnce de jure i^ con- 
 'i^''^'' f'icttidlne ad forum fpeSiam Enlefiaf- 
 thuw, eo temere dcrelido, fecula- 
 ribus judiciis fubmittere, feu partes 
 (ibi adverfas ad forum de jure veti- 
 tum convcnire vel trahere prxfu- 
 mant, gravibus proinde poenis, tam 
 fpiritualibus quam temporalibus, e- 
 tiam jure difponentealligentur, quod 
 tamen eorum plerique non fine pro- 
 prias falutis periculo dare videntur 
 fxpius in contemtum : Idem Domi- 
 nus noflcr voluit & ordtnavit, quod 
 quicunque ex Clericis feu pcrfonis 
 eifdem de cetero talis prxfumtionis 
 reus exQiterit, nifi de hoc in quibuf- 
 cunque concefllonibus & gratiis, per 
 cum ab ipfo Domino noflro impe- 
 trandis, adeo fpecialem & expreilam 
 mentionem faciat, quod eriam fibi 
 fuper hoc opportune providere valeat, 
 quod fine cautela lalucis eo ipfo om- 
 
 ni commodo careat eorundem, ipfac- 
 met concefllones, difpcnfuiones & 
 gratixtotaliter incfficaces, nullius ro- 
 boris vel momenti exifiant, & nihilo- 
 minus poena: canonum contra tales 
 locum habeant, & etiam declarentur. 
 
 Item, ne de cetero Domini Car- ii/fi cicm 
 dinales aut perfijnx, apud Sedem A- f'"''?""'''' 
 poltolicam, Romanam videlicet Cu-^,„fC,„-i^ 
 riam, aut Cardinales cofdem, fami--^"*/'"/. 
 liaritatem, officium vel incohtum"';"^"-'^^''^ 
 habentes, ab aliis, ut quandoque con-;>Muj </& 
 tingit, occafione vel pixccxtu Bcnefi- "™/^''"''^' 
 cialium litium, diilr.ihantur ; Idem 
 Doininus nofter voluit & oidinavit, 
 quod omnes & fingula; caufx benefi- 
 ciales, contra quofcunque ex Cardi- 
 nalibus feu perfonis eifdem, aut per 
 cos quibuflibet perfonis de cetero 
 movend£3, etiam fi de fua natura ad 
 di£tam Giiriani legitime devoluta;, 
 feu in ea traSands: non fuerint, afud 
 Sedem Apojlolicum proediflam dum- 
 taxat, apud quam competentia quoad 
 id folum pateat eifdem , tratiari, 
 ventilari, ^ fi/iiri debeant, ncc in 
 illis aliquis ex Cirdinalibus, vel ex 
 pcrfonis eifdem alibi conveniri pofllt 
 invitus : Qi^od fi forfan aliqiios pro- 
 ceiTus in contrarium fieri contingat, 
 ipfi cum omnibus fecutis irriti pror- 
 fus habeantur & inanes, non oblbn- 
 tibus privilegiis & indulgentiis Apo- 
 ftolicis, ac aliis contrariis quibufcua- 
 que. 
 
 DE JUSTITIA. 
 
 Item voluit & ordinavit, quod ap- Appai/m- ' 
 pellans quicunque Procuratorio nomi-^^'" '^n- 
 ne a quavn jcntetttta tn ts-om^ina C u- go^^ja, 
 ria fro tempore lata, fe in exhibitione curia tata-^ 
 mandati fufficienier fuper hoc, de'"'*"'7'°" 
 quo le docere proponit, jud'ci np-probiat. 
 prober. Alias fi jus hujufmodi faci- 
 endi infra tempus '.ibi per ipfum Ju- 
 dicem fuper hoc fiatucndum dcfece- 
 rit, quamvis ille qui pro hujufmodi 
 appcllatioue iiuerpofua extitcrit, pod- 
 madam
 
 Regula Cancellartai 
 
 461 
 
 t>cfuno 
 gationifut. 
 
 tnodnm approbarct eaudcm, iiili de 
 conviclis pcrlbnis fit, vel alias legi- 
 tiniani exculhtioncni allegaiet, per 
 eundem Judicem falli Procuratoris 
 poena percellatur, vel a procurationis 
 officio in Romana Curia perpetuo, 
 vel ad aliquod tempus longum, ficu* 
 ti ipfi Judici videbitur, repcUatur, 
 feu in XX vel citra, non cum x def- 
 cendendo, florenorum auri famma, 
 parte una in Capellaniam Auditoris 
 palatii Apoftolici, & alii medietate 
 pauperuinufui, convertenda, mulfte- 
 tur, nullolibi Oiper hoc appcllatiouis 
 diffugio quomodolibet profuturo. 
 
 Item vokiit & mandavit, quod 
 nullus Judex ubilibet conilitutus in 
 Ciufis & litibus, etiam per appella- 
 tionem pendentibus indecifis, ad in- 
 ftantiam cujufvis, proprio aut procu- 
 ratoric) nomine, etiam juris ad jus in 
 beneficio quocunque, fi & poftquam 
 hujufmodi jus ex perfona coUiiigan- 
 tis qualiccrcunque vacaverit, iepirro- 
 gari petenris, ad hujufmodi facieu- 
 d'imfurro^dtioncm quomodolibet pro- 
 cedat, nifi pro parte furrogandi auc- 
 toritate, faltem de aliquo colorato & 
 verofimiliter per cum prius habito ti- 
 tulo fides prxftetur legitima, aut quod 
 talem caufam non malitiofe vel frau- 
 dulcnrer, fed pura & bona confcien- 
 tia iiiflituit : Super hoc ipfi Judici^ 
 vcroiimilibus fpondeniibus conjedu- 
 rjs, corporale prajlctur jiiramienlum : 
 Quidquid autem fecus fa£lum exfti- 
 terit, cum infecutis quibuflibet, iiul- 
 lius exillat firmitatis. 
 
 Item voluit & ordinavit, quod de- 
 inccps (atife quajcunque Auditorum 
 eijiifurumpalatii Apojlolici^ vel eorum 
 Natarioriim^ ncqueant eorum inimi- 
 cis advcrfariis, alicui ex Auditotibus 
 diSi palatii, vel eorum loca tenenti 
 committi, alioquin proceffus in con. 
 trarium habiti nulla fubfifiant firmi- 
 tate. 
 
 Item voluit & ordinavft, quod, fi 
 aliqui delpiiores tatioae dcbirorum fe 
 
 fuhmifeiint diflritftui feu coercitioHi 
 Cnr/ieriC Apo/hlice iemporalls Av'tnio- 
 ne;ifi\ & aliarum Curiarum Romansj 
 Curix, & Avinionenfis Civitatis, ad 
 conficiendum debita hujufmodicoram 
 Auditore & Judicibus earumdem Cu- 
 riarum, certos procuratores conftitu- 
 erint, quod fi debitores ipfi in dida 
 Romana Curia fuerint prxfcntes, & 
 eis non vocaiis, iidem procuratores 
 debita hujufmodi confiterentur coram 
 eifdem Auditoribus & Judicibus, 
 Confefilones hujufmodi nullius lint 
 roboris vel momcnti. 
 
 Item voluit & ordinavit, quod 
 nullus Judex ordinarius vel delega- 
 tus quacunque auftontate fungatur, 
 poffit nliijuem de Auditoribus^ prxfen- 
 tibus & futuris, in Romana Curia 
 commorantibus, fufpendere vel ex^ 
 communicare quacunque ratione vel 
 caufa, etiamfi voluntarie fe fubmife- 
 rint, excepto Camerario, qui poffit 
 contra eum vel eos, fi & quando ei 
 videbitur, Ecclefiaflicam exercere 
 Cenfiuam. 
 
 Item Hatuit, Toluit & ordinavit, 
 quod de cetero null! ad officiunj No- 
 tiviatus Audientia caufarunt feu e- 
 tiam CuriiC Camerx Apnjiolica admit- 
 tantur, nifi primitus per diligextem 
 examinationem Vice-Cancellarii^ vel 
 ejus Commijfirrii^ ad iJlud idonei re« 
 pcrtf fuerint, & qui etiam faltciu 
 XXV annum fuse a:tatis teneaiit : 
 Quod omnes Notarii Audienti.e ^ 
 Curia Ca»jfr<? prsdidarum, pra3fen- 
 tes & futuri, per fe ipfos hujufmodi 
 fua officia exerceant ^ alioquin illis 
 omnino careant, ncc deinceps per 
 llios Auditores admittantur : Quod- 
 que nullus ex prsedidlis ipfum Nota- 
 riatus officium in Audientia caufa- 
 rum & Curia Camera: Apofiolicai 
 hujufmodi infimul valeat exercere. 
 
 Sanctissjmus in Chrifio Pater & Aroi,^ r:oa- 
 Domiiius nofter, Dominus MAR--'?''"''* 
 TINUS, diviua providentia, PAPA ^"^^^f- 
 QUINTUS, die Klmenjis Decern- q'us income
 
 4^2 
 
 Martini V. Tapa 
 
 /iimo 1417 ^rts, Pontificatus fui anno primo, 
 De"cm voluit & ordiiiavit, quod omnes & 
 .Jtantix fic rmgvil'u cum quibus hatlenus per Se- 
 **• dem Apoftolicam, fea ejus auftori- 
 
 tate, fuper plnribns Benefiais Eccle- 
 fiuflich ; etiam in vicem perpetuo vel 
 ad tempora obtinendis, difpenfatum 
 exflitit, & qua: jam ab eo obtinuerint, 
 vel impollerum obtinebunt, quafcun- 
 que gratias de Beneficiis Ecclefiafticis 
 vacantibus, vel certo modo vacaturis 
 fi /» 'theologia Maglflri vel BaccaUm- 
 rei formati, aut in "Jure Canonice vel 
 Civili DoSores, feu cum r'tgore exa- 
 minU Licentiati, vtl ex ntroque pa- 
 rente nobiles exillant, ilia, quse ultra 
 duo : Sive vero alitcr in eifdetn flu- 
 diis Grddu^ii^ant in Medicin.i^ vel in 
 Artibus Magiftri fuerinc, ilia, qux 
 itltra tmam, (labeant incornpatibilia in- 
 fra annum a tempore pofTeffionis pa- 
 cificx beneficiorum, eis ex gratiis cif- 
 dem competentium, fimpliciter, vel 
 ex caufa permutationis proaliiscom- 
 patibilibus : Ceteri verb Gradnati vel 
 ignobiles quicunque, incornpatibilia, 
 unicum dumtaxat incompatibile tranf- 
 cendentia, in eventum fimilisallecu- 
 • tionis realiter & omnino dimittere 
 teneantur, difpenfationibus prxdiSis 
 in contrarium minime profuturis : 
 Fnrniliaribus tamen ipiius Domini 
 noftri, & Officialibus diilsB Sedis, aSu 
 & continue fuis officiis infiftentibus, 
 iiepotihus Dominorum Cardinalium, 
 magnorum Baronum, & fupra, filiis 
 & nepotibus, dumtaxat exceptis. 
 
 Item voluit, quod circa gratias be- 
 neficialcs per eum faftas & fiendas 
 Beplura- talis moderatio circa pluralitatem vel 
 titate be cxceffum Beneficiorum obtentorum 
 r^Siciorum. ygj obtinendorum fervetur, quod Ma- 
 giftri ijf Baccahurei formati^ Dolo- 
 res ac Licentiati^ nec non nobiles pr»- 
 fati, ultra cccc : Ceteri verb alitcr^ 
 ut fupra, Gradually ultra CCL : Nec 
 non fimplices, feu non graduati vel 
 ignobiles pr^diiti ultra c libras Tu- 
 ronenfium parvorum, aut alterius a- 
 
 quivalentis inonets, tam in obtentis, 
 quam in quibufcunque ex gratiis eiC- 
 dem confequendis Beneficiis, nulla- 
 tenus valeanc retinerc, etiam expedi- 
 tione Licerarum, ut reliqua omnia, 
 dimittenda : Dumtaxat exceptis/rt«j/- 
 liaribus ^ officialibus Domini noftri 
 Pajjte, a6lu & continue fuis officiis 
 infiftentibus, Dominorumque Cardi- 
 naliu/fi nepatibuf, qui fub hac ordina- 
 tione nullatenus includantur. 
 
 Item voluit & ordinavit idem Do- 
 minus nofter, quod, \lbi pro pcrfonis 
 diverfis, fuper a'.iquo Beneficio Ec- 
 clefiaftico vacante aut certo modo 
 vacaturo, [ub ejufdem diei data, di- 
 verfse per eum, five de fuo mandato 
 conceffiones aut gratic-c fa&.x appa- 
 reanf, is cui grath propria m»tu f.ifia 
 fuerit, reliquis omnibus, fub fimiU 
 motti non habcxtibus : Si verb per a- 
 liam fignationem literx fuerint, tunc 
 graduatus non graduato : Et inter 
 graduates magis graduatus ; Profef- 
 for [forte poj/'ej/or^ quoque, faltem 
 collegiato titulo, non tamen fpolia- 
 tor, aut inrtitutus per eum, qui po- 
 tuit fcire eum non debere inftruere, 
 five caufam poflidendi conferre, nan 
 poj/'ejjori : Et contrariis qualitatibus 
 feu aliis, ceteris paribus : Prccfens 
 venturo ab ea abfcnti : ac oriundus 
 Civitatis & Dicecefeos, in qua hujuf- 
 modi Beneficium confiftar, alteri wo» 
 oriundo : Et nullum habensBeneficiuri:^ 
 habenti ; in didi Beneficii afTecutione 
 pr.tferatnr, nifi fuper hoc idem Do- 
 minus nofter fpecialius duxerit ordi- 
 nandum. 
 
 Item ut calumniatures execrahiles^ 
 quibus per abufus Romance Curi.v da- 
 tum alimentum, ne contagione fer- 
 pente fegcs calefcat infeifira, pxnarura 
 etiam dignis coemptis -Jf a/.'/V, motus 
 improbi exa£livis reprimrntur^ Pras- 
 fatus Doininus nofter ipfius Curiae 
 gloriam obfufcantes, Zizanis farorcs, 
 eliminarc contendit : Omnes & fin- 
 gulos, qui alicujus Hominis figmento 
 
 fup-
 
 Regula Qancellarta. 
 
 fuppHcationem five pctitionem quam- 
 cunque, gratiam, vel juftitiam cou- 
 tincntem, furripere, aut quo mi- 
 nus ilia in lucein prodeat, curfui dc- 
 ftinato debito quanquam fupplicanti 
 earn ut Tin^a fubtrahere prEluiTirerit, 
 excommttmcationisffrttcntia, & fi con- 
 tra eos Taper hoc inllituto judicio re- 
 perti legitime exiliteriiit diverfa Be- 
 ncficia Ecclefiallica obtincre, cujuf- 
 
 Hact illorutli, quae ultimo a/fecuti 
 fuere, privatioais, non bcneficiatos 
 vero uuhabilitationis ad qU£ECunque 
 Eccleliaftica Beneficia impofterum 
 obtinenda, poena fiibjicie»do. Nihii- 
 ominus emcrgentium forlitan alias 
 fcandalorumfupprimcndisprgeciputiis, 
 nudo pacis foinento carceris acrimo- 
 niis unius inenfis fpatio abfque fpe 
 veiiis quanto citius mancipando-^ &c. 
 
 4^3 
 
 GER-
 
 ^4 
 
 GERMANICS NATIONIS 
 
 E T 
 
 MARTINI V. PAPiE 
 
 CONCORDAT a; 
 
 Qiioad Ecclefiaftici regiminis emendationem, 
 
 /;/ Cvncilio Conjiant ienji A. 141 8. adornata. 
 
 Ex antiquiflimis Codicibus M S Ctis. 
 
 Cafareis Vindobomnfibus ac Ducalibus Brunfuicenfibus'. 
 
 (4) Apud Vender Hardt, T. I. p. 1055. 
 
 PR^FATIO AC TESTIMONIUM 
 
 JOANNIS, EPISCOPI OSTIENSIS, 
 
 Cardinalis & Vice-Cancellarii, 
 
 Ex MSCtO C^SAREO ViNDOBONENSI. 
 
 concoraa. T^ G O JOANNES, EPISCOPUS OSTIENSIS, Romans Ec^ 
 
 c?.",o" rVi ^^^-^-"^ CARDINALIS ^ FICE-CJNCELLJRIUS, infra 
 
 in^clncci- "^ — Icripta Conftitutiones & Statuta tyanfuidi in Cancellaria de 
 
 Pa^Ttm "i^"dato Domini noftri MARTINI PAP^E, V, die quinta decinm 
 
 Kbt»"° menfii Apri'is., Pontificatus difti domini noftri Paps anno primo. Et 
 
 AdVi'a ^^ ^^^''° Cancellariie feci fcribi de eodem mandate. Et juxca ejnltlem 
 
 «4i«. Domini noftri mandatum fie oblervari ubique mandavi. Et mihi ex- 
 
 trahi ea feci & mandavi per Notarium lublcripcum, & in banc pub- 
 
 licam y atithenticam formayn redigi, inferendo ea de verbo ad ver- 
 
 bum, proiit in quaternis feu libris ditlae Cancellaria originaliter con- 
 
 E« libiij fcripta exiftiint. Ut in quocunque judicio & extra, tam in Curia 
 
 eommuDi- 
 cata. 
 
 & fingula hie fublcripta firmiter & immobiliter obferventur. In 
 quorum omnium tejlimoninm figillum meum cum Nocarii publici in- 
 frafcripti fubfcriptione apponi feci & mandavi. 
 
 3 ALIA
 
 4^S 
 
 ALIA PR-SFATIO AC TESTIMONIUM 
 
 Ejufdem JOANNIS, EPISCOPI OSTIENSIS, 
 
 Cardinalis & Vice-Cancellarii, 
 Ex MSCto DuCALi Brunsvicensi. 
 
 UNiverfis & fingulis JOANNES, divina miferatione 
 EPISCOPUS OSTIENSIS, San£lse Ronianx Eccle- 
 fi» CARDINALIS ac VICE-CAN CELL A- 
 
 R I U S, Salutem in Domino, prxfentibus fidem indubiam adhibere. 
 
 Si juxta laudabilem antiquorum fententiam & providum fapien- 
 tnm confilium dignum eft, ea, qiix majorum conlultifTiraa providen- 
 tia in Subditorum gratiam & commoda geriintur, fcripturx tefti- 
 monio redigere : dignum per conieqnens & rationi confentaneiim, 
 lit adeo nota fit eorum Veritas, quod inde nee defit pacificis oppor- 
 tiina provifio, nee ufquam perverfis fub ignorantia variandi llipina 
 facultas relinquatur. 
 
 Cum itaque nuper inter Sanftiffimum in Chrifto Patrem & Do- 
 minum noftrum,^ Dominura Martinum, divina providentia Papam V- 
 & ReverendifEmos Patres, Praelatos, nee non egregios & circum- 
 Ipeftos viros, Ambafiatores, Procuratores, Doftores, & Magiftros, 
 ceterofque, VENERABILEM NATIONEM GER- 
 MAN I C A M in Generali Conftantienfi Concilio reprxftntantes 
 &facientes, nonnuila C APITUL A CONCORDA TA, & 
 ab utraque parte fponte fulcepta : Nee non de difti Domini noftri 
 Pap.e mandate in libra Cancellariie fun-flic Romanx Ecelefix, in quo 
 Romanorum Pontifieum Conftitutiones & Ordinationes fblent con- 
 icribi ad futuram rei certitudinem, nobis operam dantibus, prout ad 
 noftrum fpcftat officium, die quinta dtcima men/is jiprilis, Pontifiea- 
 tus didi Domini noftri Papx anno primo, confcripta fuerunt, ac de 
 anno quo fupra, hila 13 publicata : Addito, quod fiib noftrarum Lit- 
 terarum teftimonio indigens quilque fibi teftimonium ilimere valeat, 
 in toto, vel in ea parte, qua indiguerit eorumdem : Nos ad N. in- 
 ftantiam, Capitula hujufmodi, ficut perfertur, Concordata & Iponte 
 fulcepta, ex integro libro prxdi£to de verbo ad verbum fideliter con- 
 fcribi & prxfentibus annotari fecimus. Qnorum tenor fequitur in 
 hunc modum. 
 
 Vol. II. N n n CAP.
 
 4^^ 
 
 Germanica Nationis 
 
 C A P I. 
 
 ©^ mmero & qualitate CardinaUumj ^ eorum creatlone. 
 
 mdeia- C T A T U I M U S, nt deinceps 
 /amfj^e . fiur/jcrus CarJi»altHm San&x Ro- 
 d'maiium inansB Ecckfiffi adeo fit moderatus^ 
 numcriim. quod noii fit gravis Ecclefix. 
 Ez omn'i- Qiji de amnibus partibus Chrifiia- 
 ribus/ai" "'^"^'^ proportionaliter, quantum fi- 
 gendi. eri poterit, afTumantur : Ut notitia 
 jEjuatitai caufarum & negotiorum in Ecclefia 
 regionum emergentiuin facilius haberi poffit, 
 tut "eccU- ^ 'tinaliias regiofium in honoribui Ec 
 ^jlicist clejiajlicis obfervetur. 
 Siu xxiv. Sic tamen, quod numerum xxiv 
 non exctdant. 
 
 Nisi pro honore Nationum, quce 
 Cardinalem non iiabent, unus vel 
 duo pro femel de conhl.'O & aflenfu 
 Cardinalium aflumendi videjentur. 
 &nt eridi- SiNT autem v'tri in [cientia^ tnori- 
 ^''t''^""'^ bus H' rerum experientia excellentes, 
 Dodlores in Theologia, aut in Jure 
 Canonico vel Civili. 
 
 Prj€Ter admodum paucos, qui ^? •'*''?'" '•''■ 
 Jlirpe Regia vel Ducali aut magni ^^^"^^"^ 
 Principis oriundi exiflant. In qiiibus 
 competens Literatura fufficiat. 
 
 Non fratres, aut nepotes ex fratre 
 vel forore, alicujus Cardinalls vi- 
 ventis. 
 
 Nec de uno Ordine Mendican- 
 tium ultra unum. 
 
 Non corpore vitiati, nec alicujus 
 criminis vel infamise nota refperfi. 
 
 Nec fiat eorum eleSiio per auricu- Cardina- / 
 laria vota folummodo ; fed etiam ''"'"'■^'^*<' 
 cum confilio Cardinalium collegiali-;„yj;(„|,nrfj, 
 ter. Sicut in promotione Epifcopo- 
 rum fieri confuevit. 
 
 Qin modus etiam obfervetur quan- 
 do aliquis ex Cardinalibus in Epifco- 
 pura affumetur. 
 
 CAP. ir. 
 
 2?5 frov'ijione Ecclejiaruntj Monafteriorunij *?rioratuum,. 
 Tiignitatumi & aliorum Beneficiorum, 
 
 ones qua 
 Pontifici 
 
 frntcon 
 cejpi- 
 
 Tota Con- 
 fiitutio re 
 ft-tiSa ad 
 ifmnquen- 
 mwn. 
 
 SANCTISSIMUS Dominus 
 nofter Papa, Mnrtinus Quintus^ 
 fuper provifionibus Ecclefiarum, Mo- 
 nafteriorum & Beneficiorum quorum- 
 cunque, utetur referv/itionibus "Juns 
 fcripti, & Conftitutionis, Execrnbilis 
 ^ ad regimen^ modificatse ut fequitur. 
 yld regimenEcclefite genera/is qitam- 
 quam immeriti fuperna difpojitione 
 Tocati, gerimiis in mjiris dejideriis, 
 ut debemtis, quod per mjlnv diligentiie 
 Jiudium ad quarumlibet Ecclefiarum 
 y Mona[leriorum regimina ^ alia 
 Beneftcia Eccleftajlica^ juxta divitium 
 heneplacitum ^ noflrx intentioms af- 
 feSlum, viri ajfumantur idonei, qui 
 
 prjcfint & proGnt committendis eis Ec- 
 clefiis, Monajleriis isf Beneficiis pra- 
 libaiis. 
 
 Pramijforum itaque confideratione 
 induSii, l^ fuadentibus nobis aliis ra- 
 iionabiltbus caufis^ nonnullorum Prte- 
 decejforum noJirorumRomanorum Pon- 
 tificum vefligiis inharentes^ omnes Pa- 
 triarchales, jlrchi-EpifcopaUs, Epifco- 
 pales EccUfias, Monnfieria, Priora- 
 tus, Dignitates, Perfonatus ^ Officia, 
 nec non Canonicatus {^ Prabendas, is' 
 Eccle/ias, ceteraque Beneficia Ecctefi- 
 ajiica, cum cura, vel fine cura, fecH' 
 laria ^ regularia, quacunque ^ qua- 
 liacunque fuerint ^ etiamfi ad illaper- 
 
 f0K(S.
 
 ^ Martini V. Concordata. 
 
 4^7 
 
 fotia confueverint feu debuerittt per e- 
 Je^ioncm^ fen quemvis aliurn modum 
 ajfumi, apud Sedcm Apojlolicam quo- 
 cuHque modo vacantia vel impofierum 
 vacatura : Nee non fer depofitioucm, 
 •vel privationem fe:t traujlatienem, per 
 iiQS feu autHoritate noflra failas^ ^ in 
 ante a faciendas., tt'oiitbet : Nee non, 
 ad qH(t altqui in concordia feu difeordia 
 elegit, <vel pojiulali fuerini, quorum e- 
 letiio caffata feu pojiulatio repulfa^ zel 
 per eos faSia renunciatio, £5" admiffa 
 aULioritate mjlra extiterit, feu quorum 
 eledorum vel poflulatortim, ^ in an' 
 tea eligendorurn feu poJlulandoTum elec- 
 tionem caffari, vel pojlulationem repel- 
 Ji, aut renunciittionem admitti per nos 
 feu auHoritate noflra continget apud 
 Sedem prxdiBam, vel alihi^ uhicun- 
 que : Et ctiam per chitum Cardinali- 
 nm ejufdem Ecclefia; Romana, ae Of- 
 Jieiariorura diflx Sedis, quamdiu ipfa 
 officia ailualiter tenehunt, videlicet 
 Vice-Cancellarii, Camerarii, feptem 
 Notarierum , /luditorum literarum 
 contradidarum, is^ Apofiolici palatii 
 caufarum Auditorum , Correltorum , 
 centum o' unius fcriptornm literarum 
 Apojlolicarum, £3' XXIV pocnitentia- 
 riiS preefatie Sedis, ^ viginti quinque 
 Abhreviatorum^ nee Hon verorum com- 
 menfalium no/lrorum, cif aliorum XXV 
 Capellanorum Sedis ejufdem in pitavio 
 deferiptorum, y etiam quorumcunque 
 legatorum feu eolleBorum ac in terris 
 Redefine Romance Redarum ^ "The- 
 faurariorum, deputatorum, feu mijfo- 
 rum haiienu!, vel deputandorum ac 
 mittendortim^ impofierum vacantia l^ 
 in antea vacatura, uhicunquc didos 
 Legatos vel Collederes, feu Redores 
 aut Thcfaurios, antequam ad Roma- 
 nam Curiam redierint, feu venerifjt, 
 rebus eximi contigerit ab humanis : 
 Nee non quorumlibet pro quibufcunque 
 negotiis ad Rornanam Curiam venien- 
 tium, vel etiam recedentiurn ab ea- 
 dem^ fi in locis a dida Curia ultra 
 duas dietas legates non dijlantibus. 
 
 jam forfoH obierint, vel eos lit antea 
 tranfire de hac luce centigerit : Et e- 
 tiamjimili modo quorumcumque curia- 
 Hum peregrinationis, injirmitatis, aut 
 recreationis, feu alta quacunque caufa 
 ad qiixvis loca fecedentium, fi ante- 
 quam ad didam curiam redierint, in 
 locis ultra duas dietas ab eadem Curia, 
 7tt pramittitur, non remotis\ dummodo 
 eorum proprium domicilium non exiflat 
 ibidem, jam forfiian decefferint, vel in 
 poflerum eos ccntigerit de medio fub- 
 moveri, nunc per obitum hujufmodi 
 vacantia vel in poflerum vacatura : 
 Rurfus Monafleria, Prioratus, De- 
 canatus, Dignitates, Pe-fonatus, Ad- 
 mtniflrationes, Officia, Canonicatus, 
 Pro-be ndas ^ Ecclefias, cetera que Be- 
 neficia Ecclefiafiica, fecularia ^ re- 
 gularia, cum cura vel fine cura, qua- 
 cunque o' qualiaciinque fuerint, eti- 
 amfi ad ilia perfon.e confuerint feu de- 
 buerint per eledionem, feu qtiemvii 
 alium modnm affumi, qu<s promota 
 pet nos vel audoritate nofira ad Pa- 
 triarchalium, Archi-Epifcopalium, £3" 
 Epifcopalium Ecclefitarum, nee non 
 Monafleriorum regirnina, obtinsbunt 
 tempore promotionum, de ipfiis fada- 
 rum nunc quocunque modo vacantia 
 feu in poflerum vacatura : Nee nan 
 etiam qua fer affecutionem pacificara 
 quarumcumque Prioratuum, Perfona- 
 tuum , Off.ciorum , Canonicatuum , 
 PrabcndarumEcelefiaflicarum aut Be- 
 neficiorum aliorum, per nos, feu au- 
 doritate literarum noflrarum immedi- 
 ate collatorum, feu conferendorum in 
 poflerum, prieterqtiam,fii virtute gra- 
 tia expedativa affecutio fiat, nunc 
 vacantia ef /;; antea vacatura : Plena, 
 fuper pramiffis omnibus zS fingulis 
 cum fratrihus noflris collatione praha- 
 bita, ^ matura deliberatione fecuta^ 
 ordinationi, difpofiiioni £3' provifioni 
 Moflr^e, ufque a^ quinquennium dcip- 
 forum fratrum confilio, audoritate A- 
 pofloHca re fer vani u s . Decernentes ex 
 nunc irritum osf inane, fi fectis fuper 
 N n n 1 pramiffis
 
 4^3 
 
 Germanic£ Nationis 
 
 framiffls y quoUhet eorum^ per quof- 
 CHtique quavis anBoritate fctenter vel 
 ignoranter contigerit attentari, No» 
 objiantibus qnibufeunque Conjlhut'wni- 
 bus, a pra;dece£'oribus no/iris RrMatiis 
 PontificlbjiS eJitis, quatenus vbfijlere 
 fojfent fuperixs enarratis articulis^ 
 vel all cut, fen aliquibus eorum, die- 
 to quiiique.inio durante. Nulli er- 
 go-, yc. 
 Oe elc8i- \^ Ecclefiis Carhedralibus, & e- 
 Ton^'«^i tiam \n Monafteriis, ^poflolu^e Sedi 
 ciiitui ^uetmmediate fubjeiiis^ fiant elediones 
 h '^""■'fr' canonic >r, quse ad Sedem Apolloli- 
 
 Tape con ' ^ _ ,^ , 
 
 wemanta Cam deteraiitur. Quas etum ad 
 pud Ger- tempus conftitutum in Conjlitutiotte 
 ^MoH,^fte-^'<^<>l-'' -^^A quE incipit : CupienteSy 
 THi Tnpt r'apa expeftet. Quo fa6lo» li non 
 /Tr'aif'"''"^'''"' pr^rentatx, vel, fi prxfentatx 
 in c^rmn miiius Canonicse fueritit, Papa pro- 
 •"^ videat : Si vero Canonical fuerint. 
 Papa eas confirmet. Nili ex caufa ra- 
 tionabili & evidenti & de fratrum con- 
 filio, de digniori & utiliori perfona 
 duxerft providendum. Provifoquod 
 confirmati Si Proziji per Papamnlhil- 
 ominus Metropolitanis cum aliis prte- 
 ftent debita jurameuta, & alia,, ad quae 
 de jure tenentur^ 
 ^aMo-^aflc' In Mo»a/ieriis, qua: ttonfunt imme- 
 riu Pap^ ^- ^^ fubjeds Sedi Apojitlica, nec non 
 mn fuh- m alus Beneficns regulaiibus, fuper 
 jcSij fl^iHrf quFbus pro confirmatione feu provi- 
 '^*''"*^''' iione non confuevit haberi recurfus 
 ad Sedem Apoftolicam, non teneatt- 
 tur venire eleiii, feu illi, quibus pro- 
 videndum eft ad curiam^ ad haben- 
 dam confirmationem feu provifio- 
 nem. Nec etiam diSa Beneficia re- 
 gularia cadant in gratiis expedativis. 
 Ubi autem in Monafteriis ad Cu- 
 riam Romanam pro confirmatione 
 venire vel mittere conf^ieverunt, ibi 
 Papa non- aliter confirmet aut pro- 
 videat, quam fuperius de Ecckliis 
 Cathedralibus eft expreflum. 
 ©f Mona- I^E Monafteriis Menialium Papa 
 fierm Mo non difponet, nifi fint exemta : Et 
 mi}iu7n. jjjj^,, pgj. commiffionem in partibus. 
 
 De ceteris Dignitatibus & BenefidisO^ »■?%«» 
 quibufcunque, fecularibus & regula--'„"'^^f''/™' 
 ribus, vacaturis ultra refervationes Ecckfiis 
 j«m diSas : Majoribus Dignitatibus''''''"'"^'*- 
 poll Pontificales in Cathedralibus, & 
 principalibus in Collegiatis Eccleliis, 
 exceptis : De quibus jure ordinario 
 provideatur per illos inferiores^ ad 
 quos alias pertinet : Nec compu- 
 tentur in turno feu vice eorum : I- 
 dem Dominus nofter ordinat, quod 
 perquamcunquealiamrefervationem,^ 
 gratiam expectativam, auc quamvis 
 aliaTi difpolitionem, fub quacunquc 
 verborum forma per eum aut ejus 
 au6lorita£efadlam vel faciendam, non 
 vellt, neque volebat, neque intende- 
 bat, nec in tend it facere, aut fieri, 
 quo minus de media parte illarum & 
 illorum, cum vacabunt, alternis vi- De alter- 
 cibus liber e difpenatur per illos ^ ad quos ""'Hatione 
 collatio, provifio, prafentatio^ ekdioofficiorum, 
 aut alia qucevis dipojitio pertinebit, 
 prout ad ipfos fpeflabit de confuetu- 
 dine vel de jure. Ita, quod, cum 
 de una Dignitate, Perfonatu, Officio 
 vel Beneficio ex illis, ad eledionem, 
 provifionem, collationem, feu quamT- 
 vis aliam difpofitionem alieujus fpec» 
 tante, fuetrt auHoritate Apoftolieapro- 
 vifum, aut alias difpofitum, ille, ad 
 cujus eledionem^ vel quamvis difpo- 
 fitionem, primo loco pertinebat, de 
 alio immediate pojlea vacaturo provi-r 
 deal, aut difponat,. prout ad euni per* 
 tinebat. 
 
 Et itaconfequcnter delingulishU"* 
 jufmodi Dignitatibus, Perfonatibus, 
 Officiis, & Beneficiis vacaturis, au- 
 Qoritate ejufdem Domini noftri Pa- 
 pse, & alioEum prxdidlorum, alter- 
 natis vicibus difponatur. Refervationi^ 
 bus, aut aliis prxmiffis difpofitioni- 
 bus, au6loritate ejufdem Domini no- 
 ftri Papx faSis vel faciendis, non 
 obftantibus quibufcunque. 
 
 QuOTiES veto aliquo vacante Be- 
 neficio, cadente in vice & in gratia 
 expedativa, non apparuerit infra tres 
 a_ menfes .
 
 ^ Martini V. Cottcordata. 
 
 4^9 
 
 menfes a die notse vacationis in loco 
 Beneficii, quod alicui de illo fecun- 
 dum prsdidas ordinationes fuerit 
 auSoritatc ApoftolicaproviUim : Or- 
 dinarists^ vel <?//«/, ad quem illius dif- 
 politio pertinebit, de illo I'tbere dif- 
 fo»af; Nee libi in fua vice compu- 
 tetur. 
 
 Beneficia etiam, quje per fiinpli- 
 cem reauncinionem aut perimitatio- 
 nem vacaveriiit, neutra Papse compu- 
 tentur. 
 
 Sanctissimus Dominns nofter 
 Papa Martirius (hiixtus^ ad exaltatio- 
 nem fidei Catholicx 5c fpiritualem 
 profe6lum populi Chriftiaiii, de coa- 
 fenfu ac beneflacito Natiunis Germa- 
 iticte flatuit, & ordinavit ac decrevit, 
 quod deinceps in Metropolitanis & 
 Ofr^Mon/Cathedralibus Eccleliis Nationis Ger- 
 't^ogradu '"•'*"'i' ejufdcm, fexfa pars Canonica- 
 atts apud iuum l^ Pnehendarttm fit fro Doilo- 
 Oermanoi. yijjn^ «a/ Licentiatis in ficra paginn^ 
 vel ahero Jurium^ vtl in Theologia 
 BaccaLmreis formath^ aut Magijiris 
 in Aledicina, qui per bienniuin, feu 
 Magi/Iris in Artibus, qui per quin- 
 quennium port Magifterium, in The- 
 ologia aut attero Jurium ftuduerunt 
 in Studio generali. 
 
 Sic videlicet, quod ubicunque 
 non fuerit faltem, Jexto part Cumni- 
 (orunt, Prabendatoruyn, in Metropo- 
 lltana ve; Cathedraii Ecclefia, taliter 
 graduatoruyn ibi qusecunque deinceps 
 Canonicatus & Prxbendas vacaverint, 
 quacutique etiam Apoitolica vel alia 
 audloritate, »on nifi taliter graduatis 
 conferantur, quofque di&.:L fexta pars 
 complcatur taliter graduatis. Si ta- 
 men infra menfem , a tempore va- 
 cationis hujufmodi Canonicatus & 
 Prsebenda: numerandum, repertus fu- 
 erit taliter ^r<j«/«^rax, & alias idoueus, 
 qui per fe vel per procuratorcm vo- 
 lueri: acceptare. 
 
 Quod poftmodumcontinuetur, ut 
 ad minimum didus Humerus /cxt,e 
 fartis CafioaicoKum, taliter, ut prx' 
 
 mittitur, gradu^torum, in ipfis Me- 
 tropolitanis & Cathedralibus Eccleliis 
 habeatnr. 
 
 Ubi ar.tem foli confueverunt illuf-Deii/uflri- 
 tres aut de Comitrim vel Barontttn gc- " .f"'^"' 
 nere vel ex utroque genere mil itares cm «/>«<< 
 in Canonicoj admitti : Taliter ^radu-'^^'''"'""'*' 
 ati, qui acceptare voluerint, d taliter 
 Kobiles, utpra^miciitur, fuerint, in illis 
 Ecclefiis ceteris etiam nobililus fal- 
 tem ufque ad didum numerum prx- 
 fcrantur. 
 
 Item, quod in aliis Collegiatis 
 Eccleliis ejufdera Nattunii^ (imiliier 
 [exta parsC anonicai Hum & Prccbenda- - 
 rum deinceps modo prseniiflb confc- 
 ratur, _/7f, ut prsemitiitur, graduatis^ 
 aut faltem in Medicina aut in Arti- 
 bus Magiftris vel Licentiatis, aut in 
 Theologia vel altoro Jurium Bacca- 
 laureis examiiiaris per rigorem, cum 
 limitatione, modo & ordine fupra 
 didis. 
 
 Item, Q^O^ ¥arochiales EccleJls^De ""%'"* 
 habeutes, conimuni asllimatione, qua;^'^™'^^'^^'^* 
 fecundura famam publicam attenda-/;u/nG<r- 
 tur, duo raillia communicantium vel '"<""''• 
 plures, deinceps non confcrantur, e- 
 ti;im Apoftolica vel quacunque alia 
 auiloritate, nifi Dodorihus vel Licen- 
 tiatis in facra pagina vel Jure Cano- 
 nico vel Civili, & Baccalaureis ia 
 Theologia formatis ; Si ramen infra 
 menfem, a tempore vacationis nume- 
 randum, reperiatur taliter graduatus, 
 qui per fe vel per procuratorcm vol u- 
 erit acceptare. 
 
 Decernendo irritum & inane, fi 
 fecus in prsemiflis, tarn circa Cano- 
 nicatus & Prsbendas, qiiam Parochi- 
 alcs Eccleiias, vel eorum aliquod, a 
 quoquam, quavis etiam audoritate 
 Apoftolica, fuerit acceptatum. 
 
 Sai.vis femper hiudabilibus con- 
 fuetudimb'w: £3^ flatutis Ecclefiarum^ 
 qua: pra:miflls non adverfantur. Iii 
 contrarium autem facientibus nonob- 
 ftantibus quibufcunque.
 
 470 
 
 Germanic £ Nationts 
 
 Item quatenus prsdlda Conftitu- 
 tio, feuOrdinaiio, pluribus proiic, & 
 humania ambitioni fncnum imponatur, 
 ordinat, ftatuic, & decernit idem Do- 
 ininiis nofter Papa, quod, vigoro 
 prxfentis Conftitutionis feu Ordina- 
 tionis, nemo graduaturt'.rn fo [fit ultra 
 UMum Ecclejlajlicttm Beneficium adi- 
 pifci. 
 
 Item volt, quod in pari data ad 
 eaiidem coUationem graduatus mn 
 
 gradiiato praferatar. Prasrogativis & 
 diiigcntia non obllantibus quibufcun- 
 que. 
 
 Item, quod vicane, ad certa chori 
 officia in Ecclefiis Cathedralibus & 
 CoUegiatis depatatx, non conferan- 
 tur, etiam Apaftolica auftoritate, nifi 
 talibus,qul hujufmodi Beneficia can- 
 tando, legendo, & alias fciverint & 
 poterint perfonaliter adimplere. 
 
 De TruSi- 
 tus prim 
 ami. 
 
 Cojwnunia 
 fervitia. 
 
 Tax£ EC- 
 
 clefiarum 
 
 Germani- 
 
 carton ex- 
 
 eegiv£,mo 
 
 deranda. 
 
 AnnalJt 
 qua. \3f 
 ^lumdo fit 
 vendjt a 
 Cermams. 
 
 CAP. TIT. 
 Tf E ANNATIS. 
 
 Deh'itum 
 in fuoceffo 
 rem non 
 tranfeat. 
 
 DE Ecclefiis & Monajleriis •virorurn 
 duntaxat, vacantibus & vacatu- 
 ris, folventur pro fruBibus primi anni 
 a die vacationis fummx pecuniarur/i, 
 in libris Camerx Apoftolicx.taxatE, 
 quae commuma fervitia nuncupantur. 
 
 Si qux vero exceffive taxatce finir, 
 jufte retaxeutur. Et provideatur fpe- 
 cialiter in gravatis regionibus fecun- 
 dum qualitatem rerum, temporum, 
 ^ regionum, ne nimtHrn pragraven- 
 tur. Ad quod dabuntur Commiffarii, 
 qui diligenter inquirant & retaxent. 
 
 Tax^ autem prxdiQx pro media 
 parte infra annum a die habits poffef- 
 fionis pacificx totius vel majoris par- 
 tis folventur : Et pro media parte alia 
 infra feqiientem annnrit. 
 
 Et fi infra annum bis vel pluries 
 ■vacaverit^ femel tantum folvetur. 
 
 Nee dehitum\\Vi\\i\modi\ in fucceffo- 
 rem in Ecclefia vel Monafterio tranf- 
 eat. 
 
 De ceteris autem Dignitatibus, Per- 
 fonatibus, Officiis, fecularibus & re- 
 gularibus, quibufcunque, quse au6lo- 
 ritate Sedis Apoftolicx conferentur, 
 vel providebitur de eifdem, prxter- 
 quam vigore gratiarum expeftativa- 
 rum aut caufa permutationis, folva- 
 tur annata feu mediis fruilus juxta 
 taxam folitam tempore unionis infra 
 annum. 
 
 Kt debitum hujufmodi in fucceffa- 
 rem in Beneficio non tranfeat. 
 
 De Beneficiis vero, qux valorem 
 XXIV florenorum de camera non ex- 
 cedunt, nihil folvatur. 
 
 Debitis omnibus prieteriti temporis^ 
 ufque ad alTumtionem Domini nof- 
 tri, communium fervitiorum & an- 
 natarum pro medietate relaxatis^ fol- 
 venribus aliam medietatem infra fex 
 menfes a die pubHcationis. 
 
 CAP. IV. 
 
 Tie caujis tra6iandis in Romana Curia j nee ne. 
 
 OAnctissimus Dominus nofter 
 *^ Papa Martinus V. flatuit, & or- 
 dinat, quod nulla caufx in Roin.ma 
 Curia committantur, nifi ^«.e dejure 
 
 & listura caufx in Romana Curia Cauf£ ad 
 
 tradari debebunt. *"""• '^'T'" 
 
 T- A r , r- -n am peril- 
 
 Et quod caulx, qua ad forum t.c- nentesU- 
 clejiaftsarm de jure vel (onfuetudine ^tau. 
 
 non
 
 ^ Martini V, Concordata. 
 
 471 
 
 MOH pertinent ; per Romanam Curi- 
 am, etiam prsetextu cruceiignationis 
 laicorum, extra tempus paffagii gene- 
 ralis, non recipiantur de illiscognof- 
 cendo in Curia, vel extra commit- 
 tendo, nili de confenfu partium. 
 
 QUiE verb ad forum Ecclefufti- 
 cum pertinent, & de jure funt per ap- 
 pellationem aut alias ad Romanam 
 
 Curiam deroluta, ac de fui natura in 
 eadem traSand^, tradeiuur in ea. 
 Cetera committantur in fartibus. 
 
 Nisi forfan pro caufx & perfona- 
 rum qualitate, in commiffione expri- 
 menda, illas traSare in Curia expe- 
 diret, pro juftitia confequenda, vcl 
 de partium confenfu, in curia trac~ 
 tentur. 
 
 CAP. V. 
 
 <DE COMMENT> IS. 
 
 o 
 
 R DIN AT Dominus nofter 
 Papa, quod impolterum Monaf- 
 teria, aut magni Prioratus conventu- 
 ales habentes temporibus ultra decern 
 Religiofos, & officia clauftralia, dig- 
 nitates majores port pontificales in 
 cathedralibus five Ecclefije Parochi- 
 Comtmndi ales, uulli Prxlato etiam Cardinaii 
 ' "'"' demur in Commendam, 
 
 DAT;Eautem&dati, quamprimum 
 CQinmendatariis loco illorumde jequi- 
 valenti providebitur, port pacificam 
 polTeffionem adeptam, illas dimit- 
 tant. 
 
 Una etiam Ecclefia Metropolitana 
 uni Cardinaii vel Patriarchae concedi 
 poterit, provifionem aliam fufiicien- 
 tiorem non habenti. 
 
 CAP. VI. 
 
 \De Slmonia in foro confcientia providetur ut fequitur. 
 
 TTT autem, confiderata malitidiW- 
 *^ quorum temporum froxime pra- 
 teritorum, quibus laies Simoniaea tam 
 in Ordinibus^ quam in BeneficiisEccle- 
 fiajiicis, tunc conferendis & percipi- 
 endis, ac religionibus ingrediendis, 
 fuit heu uimium freqitertiata, lafis in 
 hoc confcientiis^ ad puriorem admi- 
 niftrationem & perceptionem Sacra- 
 mentorum, falubriter confulatur: Om- 
 nibus & fingulis Patriarchis, Archi- 
 Epifcopis, Epifcopis, Abbatibus, Ab- 
 batifTis, cffiterifque Prselatis, nee non 
 Clericis ac perfonls Ecclefiafticis, re- 
 ligiolis & fecularibus utriufquey^-A-z/j-, 
 ut qua:libet earum infra tres menfes 
 poftpublicationem aut infinuationem 
 pratfcntium, fibi aut in Dioeceli, 
 ubi domicilium habucrit, fadtam, a- 
 liquem in facra pagina vel in Jure 
 
 Canonico DeSorem aut LicentiatumDe eVigen- 
 vel Baccalaureum formatum, ubi talisy-^^^ "jj^^ 
 commode poterit reperiri, vel ubi ta- moniaam 
 lis non reperitur, LeSiorem, feu alias "^Z"'^'"' 
 iMelligentera Sacerdotem difcretum ac 
 boHig fama, curatum, vel non cura- 
 tum, eligere valeat Confeffbrem, qui 
 infra prcediQum tempus, quantocius 
 commode fieri poterit, ejus confefll- 
 one audita, ipfam perfonam confi- 
 tentem a fuis peccatis, & a quibuf- 
 cunque excommunicationum, fufpen- 
 fionum, & interdifti, aliifque feu- 
 tentiis, cenfuris ac poenis, quas for- 
 fan propter Simoniam in Oidine vel 
 Beneficio Ecclefialtico, religionis in- 
 greflu, aut alias qualitercunque, ac- 
 tive vel pajfive commiffam^ ufque ad 
 tempus publicationis prasdids digno- 
 fcitur incurrifle, in furo confcienti,e 
 
 dual'
 
 472 
 
 Germanka Nationis 
 
 dumtaxat ahfahere, nec non fecum 
 fuper irregularirate, fuper eo, quod 
 hujufmodf fententiis aut earum aliqua 
 ligata forfan Miffas vel alia divina 
 officia cekbraffe, aut fe illis immif- 
 cuille cenCebitur, ufque ad tempus 
 praEdidum coiitrafta, ipfaque propter 
 prxmilfa aut eorum aliquod a fuo- 
 rum ordinis vel officii executionefuf- 
 penfa, quod in illis nihilominus mi- 
 nillrare, ilia exercere Beneficia adep- 
 ta, vel ftatum, in quo eft, retinere, & 
 ad ulteriora promo veri poffit, in dic- 
 to foro valeat difpenfare, ac eidem 
 Beneficia, quje obtinent, ad hoc for- 
 •fitan vacantia vel vacatura, li & poll- 
 quam dimiferit, reconferre, omneni- 
 que iiihabilitatis, irregularitatis, nec 
 non infamise maculam five notam at- 
 
 que aliam labem, per eumoccafione 
 prxdifta uique ad tempus pra:di6tum 
 contraSam, in eodem foro total i- 
 ter abolere, fruflus quoque Bcnefici- 
 orum Ecclefiafticorum, quos inde- 
 bite percepit, & quos percipere potu- 
 iflet, aut quicqnid occafione prsedic- 
 ta fuerit refundtndum , dummodo 
 perfona ipfa, ad refufionem facien- 
 dam dedufto, ne egeat in ftatu, in 
 quo tunc fuerit, aut alias abfque no- 
 ta vel fcandalo fufiiciens non fuerit, 
 in di6lo foro remittere, ac earn dc 
 his quitare ^ liber are^ tenore prse- 
 fentium mifericordiier i/idulgemus : 
 Conftitutionibus Apoftolicis, & aliis 
 in contrarium facientibus non obftan- 
 tibus quibufcunque. 
 
 CAP. VII. 
 
 'De non vitandis excominunicatisj antequam per Judicem 
 fuerint declarati ^ deunuciati. 
 
 I 
 
 N S U P E R ad vitanda fcandala & 
 multa pericula, fuhveniendumque 
 De ^"'^fP'- confcieMiiis timortitis, omnibus Chtifti 
 ms j'irfHfetidelibus tenore prselentium miieri- 
 reJiriSa. corditer indulgemus^ quod nemo dein- 
 ceps a communione alicujus in facra- 
 mentorum adminiftratione, vel re- 
 ceptione, aut aliis quibufcunque di- 
 vinis, vel extra, prsetextu cujufcunque 
 fententiae aut cenfurx Ecclefiafticae, a 
 jure vel ab homine generaliter pro- 
 mulgate, teneatur abftinere, vel ali- 
 quem vitare, ac interdi£lum Ecclefi- 
 afticum obfervare. Nifi fententia, 
 vel cenfura hujufmodi fuerit in vel 
 . centra Petlbnam, Collegium, Uni- 
 
 verfitatem, Ecclefiam, Coaimunita- 
 tem, ant locum certum, vel certa, 
 a Judice fublicata ^ vel denuaciata 
 fpecialiter & exprefTe. 
 
 CONSTITUTIONIBUS Apoftolicis, 
 
 & aliis in contrariura facientibus, non 
 obftantibus quibufcunque. 
 
 Salvo, fi quern pro facrilegio, & 
 manuum injc6lione in clerum, fen- 
 tentiam latam a canone adeo notorie 
 conlliterit incidilfe, quodfaftumnon 
 poffit aliqua tergiverfatione celari, 
 nec aliquo Juris fuftragio excufari. 
 Nam a communione illius, licet de- 
 nunciatus non fuerit, volumus abfti- 
 neri, juxta canonicas fandliones., 
 
 C A P.
 
 6? Martini V. Concordata, 
 
 473 
 
 CAP. VIII. 
 "De T>1STENSATI0NIBVS. 
 
 o 
 
 iRDINAT etiam Dominus 
 
 nofter, ad Ecclefias Cathedrales, 
 
 Monafteria, Prioratiis, Convencuales 
 
 D?rf;yl)i-n-&ParochiaIes Ecclefias, fuper defcc- 
 
 fationih'it f^.^ tctatis ultra trienniiim niillatcnits 
 Papalihus ,.^ - 
 Umatii. difpenjare. 
 
 Nisi forte in Ecclefiis Cathedrali- 
 
 bus ex ardua & evidenti caufa, de 
 confilio Cardinalium, feu majoris 
 partis illorum, videretur aliter diG- 
 pen&ndum. 
 
 Item Dominus nofter in arduis & 
 gravibus cafibus fine confilio Cardi- 
 nalium non intcndit difpenfare. 
 
 CAP. IX. 
 
 1)e 'Provijione Ta^a ^ Cardinalium. 
 
 Be commit- 
 nibui fc f 
 vitiii ly 
 vacaUiis 
 ■pro Fapa 
 iff Cardi- 
 nalihus 
 ^ur Bine- 
 ficia Ecck- 
 fiajtka 
 Cardinal!- 
 ■iui aottfint 
 
 "O OMANO Pontifici & fanfla: 
 •*-^ Romanx Ecclefiac Cardinalibus 
 pro illorHm fujientationey rebus Ro- 
 mana: Ecclefise ftantibus, ut funt, non 
 videtur aliter pofTe provider!, quam 
 .hucufque fadum eft, fcilicet per be- 
 neficla i^ commiinia fervitia^ quje 
 vacantite nuncupantur. 
 
 Vervm circa Beneficiorum quali- 
 tatem taliter duximus providendum, 
 quod nulli Cardi»ali Monafterium, 
 Prioratus conventuales, ultra nume- 
 rutn decern Religioforum fecundum 
 moderua tempora habere confueti, 
 
 nulla major dignitas port Pontifica- ^g^yj^^^ 
 lem in Cathedralibus, aut Parochiales u Cerma- 
 Eccle'fioe, nullum Officium clauftrale, "'"' 
 nullum Xenodochium.Hofpitale, E- 
 leemofynaria, feu Leprofaria, /« titu- 
 lum -vel admlniflratiunem conferantur. 
 Et fi quae talia nunc obtinenc, quam- 
 prjmum Papa loco illorum de alio 
 sequivalenti providebit, ilia dimittere 
 teneatur, ficut fuperius de Commen- 
 dis eft didum. 
 
 Proviso, quod Cardinalis de pro- 
 ventibus EccleCafticis non habeat ul- 
 tra valorem fex milium florcnorum. 
 
 CAP. X. 
 "De INDVLGENTIIS. 
 
 rriduigm- ^ A "V E B I T Dominus nofter Pa- »» prateritum conceflas ab obitu Gre^ 
 
 '' ' ■ - gi^_ 
 
 Et 
 
 c 
 
 mjmarc^- P^ in futurum nimiam indulgen- gorii XI. adinjlar aherius indulgenti<e 
 franat*. tiarum effufionem, ne vilefcanc. Et revocat & annullat. 
 
 Vol. II. 
 
 O 
 
 o o 
 
 CAR
 
 ^74 
 
 Callica Nationh 
 
 CAP. XI. 
 
 2)^ borum Concordatorumj Tafa Martini V. ^ Nationis 
 
 Cermanica valore. 
 
 CoricordataT T E M SanftiffimusDominus nof- 
 
 t£c ad X tef p^pa y tKcIyta Natio Germa- 
 
 lium i fine norttm confenferuKt is fotejtati pint, 
 
 conaiii quod omnia & fmgula fupraditta d»- 
 
 TM^ dcbe '■'""^ ^ tokrari debeant ufque ad qiiin- 
 
 re. quennium durataxat, a data prxfen- 
 
 ^"^ifn. tium numcrandum : Conftitutioni- 
 
 rUdehrebViS Apollohcis, regults LancelLiri£ 
 
 ^'^T. faftis & fiendis, & aliis in contrari- 
 
 tiT'cwn" um facientibus, wo» objla-atibas qui- 
 
 efrmanii, bufcunque. Qiiodque per obfervan- 
 
 tiam illorum nullum jm novum Ro- 
 
 raano Pontifici, aut alicui alteri Ec- 
 
 clefis vel Perfonx, acquiratHr feu 
 
 prsjudicium generetur. 
 
 SeD lapfo dido quinqiieitnto quseli 
 bet Ecclefia & Perfona prssdida libe 
 ram facultatem habeat utendi quolibet 
 jure fuo, non oblbntibus fupradiflis 
 
 Et quod capitf.la prsdidla, & quod- 
 libet eorum, dentur cuilibet ea habe- 
 re volenti, communiter feu divifim, 
 ift authentica forma, f:ib Jigillo Domi- 
 ni Vice-Cancellari:, cum fubfcripti- 
 one Notarii. Sic, quod fidem faci- 
 ant, exhibita ubicunque, 
 
 Pko toto autem non folvantur, 
 ultra duodecim grolfi Turonenfes. 
 
 Lapfa 
 
 qutnrjuctt' - 
 nio a fine 
 Conciiii 
 Conji. Ger- 
 manos prif- 
 tintfuf. (i- 
 hertate usi 
 debere. 
 
 i-^- GALLICiE NATIONIS 
 
 E T 
 
 MARTINI V. PAPyE 
 
 CONCORDAT A, 
 
 (5) 
 
 Apud Yonder Hardt, T. IV. p. \c66. 
 
 GALLI quidem, ceterarum Nationum exempio, permiferunt 
 in Concilio, fcribi, prodiici, cotifirmari, & hodie publicari 
 converitiones a Papa oblatas. Aft incertis niim Regi eP 
 lent ejiilqwe fnpremo Synedrio placitiirse. Qiias regno GalliiS mo- 
 leftlores elle vilas eventus docuic. Repulfam igicur a Kege tnlere, 
 quamprimum eas obcnlit Alartinus Porraeus^ Epijcopas Atrebatenfis. 
 Non diflimulaverat hoc Spondams in fins AnnalibuSj f.-je-j. his ufiis 
 verbis, In Codice FtElorinOy Acta Conciiii continente^ funt Conjlitn- 
 iiones Martini Poatificis cum Nationis Gallica Pralatis l^ Oratori' 
 bus concordata^ de Numero Of ^nalitate Cardithdiufny de Refervationi- 
 his Sedis Apojlulide^ de A/i/iatis ^ Servitiis, (^c, Dicunturque obLx- 
 
 tA
 
 & Martini V. Concordata. 
 
 tis fu'iffe per Martimm Epifcopum Atrehatenfem^ qui Con^U'io interfutt^ 
 Cur'ne Parliamefiiij nee tamcn ab ca admijf^ffcdconfena cffe qnccdum Mo- 
 vita fiiper iifdem Artiailis^ Martina Papa: pro parte Nationis off'crenda. 
 
 475 
 
 MSC. 
 
 Copia certarum Confliitutionnm, in Concllio Generali Conftantienfi ^v 
 faclarum, qux, fLieriinc priKfentatj; in Curia Parliamenti Regi V'^.- Bthhthcx 
 rifienfis per Dominum Martinum Epifcopum Atrebatenfern, yinm^-^'^"'"'' 
 Domini Mccccxviii, die x ntenjis Juniiy fed non acccptataa 
 per eandem Curiam. 
 
 TJNIVERSIS ^fwguUs Joan- 
 ^^ nes, miferatioKe diiini Epifco- 
 pus Hoftienlis, finila Romans Ec- 
 clejix Cardiiiales 3c Vice-Cancellari- 
 us, film cm in Dor/lint, ^ fra-feati- 
 Itus fidem indubiam adhiberc. 
 
 Si juxta latidabilem antiquorur/ifen- 
 tentiara cs' prtvidtir/i fapientum confi- 
 liura dignum eji^ ea, qiice majortim 
 confuliijfimd frovidentid in fiibje£lort!m 
 gratiam l^ commoda gcruntiir, fcrip- 
 tur^e teflir/ionio redigere, d'tgnnrit efi 
 per confequens l^ ratlont confeKtaKeiim, 
 tit adiO }i Ota flat Ecclcjice eorum Veri- 
 tas, auod iyid.e nee defit facificis oppor- 
 tuna provijio, nee ufqueqttaque per- 
 •verjis fub ignorantia variandi fupin.z 
 facilitas relinquatur. Cum itaqite nu- 
 per inter faniltjjimur/i in Chrijh Pa- 
 tretn isf Dominum noftrur/i^ Domi- 
 num Martinum, Divind providentid 
 Papam Quintum, £5' rcverendos Pa- 
 tres, Pralatos, nee non egregios l^ 
 circurr.[peiios Viros , AmbaJJiatores , 
 Procuratores, Dolores ^ Magiflros, 
 ceterofqnc , venerahilem Nationem 
 Gallicanain in General! Concilio 
 Conftantienfi repraifcntantes ^ faci- 
 
 entes nonmdLi Crpitula concordata, 
 ^ ab utraque parte fpo/jte fufcepta, 
 nee non de di3i Doraini noftri Papte 
 Mandate in libro Cancelhria;/«;?(f?<e 
 Romanic Ec define, in quo. Rornanorum 
 Pontificum Conjlitutianes isf Ordma- 
 tiones folent confcribi, ad futuram ret 
 certitudinem , nobis operant dante, 
 pront ad nojirum fpe£iat officium, die 
 XV menfis Aprilis, Pontificaius Domi- 
 ni noftri Papa anno prima confcripta 
 fuerunt^ ac demum de fimili mar,dat9 
 in Audientia conrradiQarum die xi 
 [2] menfis Maii anno qMo fiipra, lec- 
 ta. l^ publicata, adjeiloque quod fub 
 nejlrarum literarum teflimonio indi' 
 gens quifque fibi teflimonio fumere va- 
 leat, in toto, vel in ca partc^ qux in- 
 digeret earumdem, Nos ad revrrcndi 
 Patris in Chrijlo Domini Martini^ E- 
 pifcopi Atrebatenjis, infiantiam^ Ca- 
 pitula hujufmodi, Jicut prafertur, con- 
 cordata iff fponte fufcepta, ex integro 
 ex libro pradtLio de verba ed verbum 
 fdeliter tranfcribi csf prafentibus anno- 
 tari fecimus, quonrm tenor feq:tittir i» 
 hunc rnodum. 
 
 'De Numero ^ ^talitafe T>ominortim Qardinalitim. 
 
 TVT A R T I N U S &c. Statulmus, 
 ■'-'■*■ ut deinceps numcrus Cardina- 
 lium fanSs Romanse Ecckfiae adeo 
 fit moderatus, quod nee fit gravis 
 Ecclefix, nee fuperflua numerofitate 
 
 vilefcat. Qiii de omnibus partibus 
 Chriftianitatis proportionaliter, quan- 
 tum fieri poterit, afliimentur, ut no- 
 titia caufarum & negotiorum in Ec- 
 
 clefia emergentmm 
 O o 2 
 
 facilius 
 
 haberi 
 poffit,
 
 47^ 
 
 Gallka Nationts 
 
 poffit, & xqualitas regionum in Ho- 
 noribus ecclcfiarticis obftrvetur. Sic 
 tamen quod numerum vigiini qua- 
 tuor non excedat, nil! pro honore 
 Nationum, quas Cardinales non ha- 
 bent, unus vel duo profemel decon- 
 filio & afll-nfu Cardiiialium alTumen- 
 di viderentur. Siiit autem Viri in 
 Icientia & rerum experientiiexcellen- 
 tes, DoSores in Theologia, aut iii 
 Jure Canonico vel Civili, prxter ad- 
 modutn paucos, qui de flirpe Re^ia 
 vel Ducjli aut magni Principis ori- 
 undi exiftant, in quibus competens 
 literatura fufficiat, non fratres aut 
 nepotes ex fratre vel forore alicujvis 
 Cardinalis viventis, nee de uno Or- 
 dine Mendicantium, ultra unum, 
 
 non corpore vitiatf, aut alicujus cr>^ 
 minis aut infamise nota refpeni. Nee 
 fiat eorum eleSio per auriculariavo'- 
 ta folummodo, fed etiam cum con- 
 (ilio Cardinalium collegialiter, (icut 
 in promotionibus Epifcoporum fieri 
 confuevit. Qui modus etiam obfer- 
 vetur, quando aliquls ex Cardinali- 
 bus in Epifcopum alTumetur : Nil! 
 Dominus nofler pro utilltate Eccle- 
 fis & de confilio majoris partis- Car- 
 dinalium aliter ufque ad duos profe- 
 mel dumtaxat duxerit providenduin. 
 Die Luna; xxi IVlartini anno Domirn 
 millefimo quadringentefimo decimo 
 oclavo inSeffione Geuerali Concilii 
 leSa & publicata per organumDomiiii 
 Cardinalis fandli Marci in ambone. 
 
 T)e Trovijione Ecclejiarumj Monajieriorumj & Rcfervatt- 
 onibus Sedis ApoJioUcaj ac Collatlonibus Benejiciorum @ 
 Crati'is Ex^eiiativisj nee non de Qonfrmatione EleC" 
 t'tonum. 
 
 CANCTrSSIMUS Dominus 
 nofter Papa Martinus V. fuper 
 provifionibus Eccleiiarum, Monafte- 
 riorum, & Beneficiorum quorum- 
 cumque, utetur refer?ationibus Juris 
 fcripti & Conftitutionis, Execr^bili', 
 & Ad regimen, modiilcatae, ut fe- 
 quitur : Ad regimen Ecclelix Gene- 
 ralisquamquam immeriti foperna dif- 
 pofitione vocari gerimus in noftris 
 delideriis ut debemus, quod per nof- 
 trse diligentiaE- (ludiuni ad quarumli- 
 bet Ecclefiarum & Monafteriorum 
 regimina & alia Beneficia Ecclefiaf- 
 tica jufta divjnum beneplacitum & 
 aoftrx intentionis affedum Viri af- 
 fum'Mtur- idonei, qui frofint y pritJiHS 
 committendis eis Ecclefiis, Monafte- 
 riis & Beneficiis prxlibatis. Pra;mif- 
 forum nempe coiifidcratione indudi 
 5c fuadentibus nobis aliis rationabili- 
 bus caulis, ncnnullorum Pr^deceflb- 
 lum noftroiumKomanorumPontifi- 
 
 3 
 
 cum vefligiis inhxrentes, omnes Pa- 
 triarchales, Archiepifcopales, Epil- 
 copales, Eccleiias, Monalleria, Pri- 
 oratus, Dignitates, Perfonatus & Of- 
 ficia, nee non Canonicatus & Pras- 
 bendas acEcclefias, ceteraque Benefi- 
 cia Eccleliaftica, cum cura vel fine 
 cura, fecularia & regularia, quscun- 
 que & qualiacunque fuerint, etiamli 
 nd ilia perfonx confueverint vel dc- 
 buerint per eledionem vel quemvis 
 alium modum aflumi, tunc apud Se- 
 dem Apoftolicam quocunque modo 
 vacantia & impoflierum vacatura, nee 
 non per depofitioncm vel privationcm 
 feu tranflationer/j, per nos feu au£lo» 
 ritate noftra fadas^ & in antea fien- 
 das, ubilibei : Nee non ad quas ali- 
 qui in Concordia vel difcordia ekfti 
 vel poftulati fuerint, quorum elediio 
 calTata, feu poftulatio rcpulfa, vel 
 per eos fafta renunciatio & admifli 
 audoritate noHra extiterit, feu quo» 
 
 rum
 
 ^ Martini V. Concordata. 
 
 477 
 
 mm eleftoriim vcl poflul:uorum & 
 iaan.ea eligcndornm vel poflulando- 
 rum eleSoium callari, vel p. llulati- 
 oncm repelli aut renunciarionem ad- 
 miiti per nos vel imib^rituce nolhi 
 coutiiiejet, ^piid *>cdi;m Apoftolicam 
 vel I'.ibi, iin'cumque, & etiam per ob- 
 itani Cardinalium cjuidem Roinanx 
 vel Officiarioriim di£ls Sedis, quum 
 dm ipfa Officii adualiter tenebunt, 
 videlicet Vice-Cancellarii, Camera- 
 rii, feptcm Notariorum, Audi-orum 
 literarum contradi6larum, & Apofto- 
 lici Palatii c.mfarum Audirorum, 
 Correilorum, centum & unius Scrip- 
 torum Literarum Apollolicarum, & 
 
 XXIV Pcenitentiarise prxfats Sedis, & 
 
 XXV Abbreviatorum Sedis ejufdem, 
 nee noil verorum commenlalium nof- 
 trorum,& aliorum,xxv Capellanorum 
 Sedis ejuCiem, in Fiilaclo defcrip- 
 torum, & etiam quorumcunque Le- 
 gatorum leu Collcdlorum, ac in ter- 
 ris RomanoB Ecclclia; Reftorum & 
 Thefaurariorum, aut miirorum hac- 
 tenus, depmatorum feu deputando- 
 rum, aut mittendorum, impofterum 
 vacantia & in antea vacaturs, ubi- 
 cumque didos Legates vel ColJedo- 
 res feu ReSores aut Thefaurarios, 
 antequam ad Romanam Curiam re- 
 dierit, feu venerint, rebus eximicon- 
 tigeric ab humanis : Nee nsn quo- 
 rumlibet pro quibufcunque ncgotiis 
 ad Romanam Curiaiii venicntium, 
 vel etiam reccdentium ad eadem, fi 
 in locis a dida Curia ultra duas dic- 
 las legales non dillantibus jam forfan 
 ubierint, vel eos in antea tranfire de 
 hac luce contigerlt, Ac etiam iimi- 
 ii modo quorumcumque curialium, 
 petegrinatioais, infirmitaiis aut re- 
 €reationis, leu alii quacunque cau- 
 fa ad quacvis loca fecedentium, y?,. 
 antequam ad diiSam Curiam redi- 
 erinr, in locis, ultra duas dietas ab ea- 
 dem Curia, ut prsemittitur, non re- 
 motis, dummodo eorum proprium 
 domicilium non c:xitlat, jam forfan 
 
 dece/Terint, vel in pofterum eos con- 
 tigerit de medio fubmoveri, nunc 
 per obitum hujufmodi vacantia & in 
 polkrum vacatura : Rurfus Mona- 
 Itcria, Frioratus, Decanatus, Digni- 
 tates, Perfonatus, Adminiltrationes, 
 Officia, Canonicatus, Prxbendas & 
 Ecclelias, ceteraqueBencficia Eccle- 
 fiaftica, Secularia & Regularia, cum 
 cur.i vel fine cura, quxcunque vel 
 qualiacunque fuerint, ctiamli ad ilia 
 perfonx confueverint feu debuerinc 
 per eleftionem feu qucmvis alium 
 modum allumi, qua: promoti per nos 
 vel audtoritate nollra ad Patriarcha- 
 liuni, Archi-Epifcopalium vel Epif- 
 copaliiim Eccleliarum, nee non Mo- 
 nafleriorum rei;imen, obtinebunt tem- 
 pore promotionum de iplis fadtarum, 
 nunc quocunque modo vacantia fea 
 in polierum vacattira : 
 
 Nec non etiam, quse per afTecutf- 
 onem pacificam quorumcunque Prl- 
 oratuuni, Perfonatuum, Officiorum, 
 Canonicatuum, Prxbendarum, Ec- 
 clefiarticorum ac Beneficiorum alio- 
 rum, per nos five audtoritate litera- 
 rum noftrarum immediate collatorum, 
 feu conferendorum in pofterum , 
 praiterquam fi v'irtute Gratis Expec- 
 tativx ailecutio fiat, nunc vacantia & 
 in antea vacatura : Plena fuper prx- 
 mifiis omnibus & fingulis cam fratri- 
 bus noflris collatione prxhabita, St 
 matura delibcratione fecutS, ordina- ■ 
 r/W, difpofirioni ac provifioni nof-- 
 trx, ufijac ad qu-inquenniiimt de ip- 
 forum fratium nnilrorum- conlilij-, 
 Auftoritate Apoftolica refervamus'. 
 Decernentes ex nunc irritum & inane, 
 fi fecus fjper prxmiffis & quolibet 
 eorundem per quofcunque quavis 
 audoritate fcienter vel ignoranter 
 contigerit attentari. Non obltanti- 
 bus quibufcunque Conftitutionibus, a 
 Predeceflbribus nolUis Romanis Pon- 
 tificibus editis, quatenuj- oblillere 
 pofi[ent fuperius enarratis articulis, 
 vel alicui fctj aliquibas eorandera, 
 
 dicto
 
 478 
 
 Gallic £ Natiottis 
 
 di£lo qiihiqti(»'tt« durante. Alias 
 autemConltitutiones&Refcrvationes 
 contrarias per nos facias leu in Can- 
 -cellaria fervari inandatas revocantes. 
 Nulli ergo hominum liceat, &c. 
 
 Im ceteris vero Ecclefiis & Abba- 
 tiis- fient ekiSliones CanoiiicK. De 
 Abbatiis autein, Sedi Apoftolica nou 
 immediate fubjcftis, quarurafrudus, 
 fecundum taxatipnem decims, cc 
 librarum Turonenlium parvorum, in 
 Italia vero & Hifpania lx librarum 
 Turoneufium parvorum valorem an- 
 nuum nonexcedunr, tiant confirma- 
 tiones aut provificnes canonic^ per 
 illos, ad quos aliis pertinet, neccom- 
 munia nee minuta pro eis folventur 
 tervitia. 
 
 Dh Abbatiis vero excedentibus 
 fummas prxdidas, nee non Cathe- 
 dralibus Ecclefiis, elediones ad Se- 
 dem Apoftolicam deferentur, quas 
 ad tempus conflitutum in Conftitu- 
 tioneNicolai III. qux incipit Cupien- 
 ies. Papa exfpeftet. Quo fado, ii 
 non fuerint praefentats:, vel, fi prx- 
 fentatas, minus canonicsc fuerint, 
 Papa provideat. Si vero canonic^ 
 fuerint, Papaeas confirmet. Nifi ex 
 caufa rationabili & de fratrum confi- 
 lio aliter duxerit providendum. Pro- 
 vifo, quod confirmati, & provifi per 
 Papam, nihilomiiius Metropolitanis 
 & aliis prxllent debita juramenta, & 
 alia, de qu^e de jure vel confuetudine 
 tenentur. De ceteris autem Benefi- 
 ciis, falvis Refervationibus jam diilis, 
 majoribus Dignitatibus port Pontifi- 
 cales in Cathedralibus, & principali- 
 bus in Collegiatis, & Prioratibus, De- 
 canatibus feu Prspofituris conveutu- 
 alibus, habentibus numerum x Reli- 
 
 gioforum, jure ordinario provldeatur 
 per Prslaros, & alios Provifores in- 
 feriores, ad quos alias pertincr, nee 
 computenturin turno feu vice eorum. 
 
 De aliis quibufcunque Dignitati- 
 bus, Officiis & E.neficiis, meoietas 
 fit in difpofitione Papx, alia medietas 
 in difpofi[ioae Colh.toram, P?trono- 
 rum & conftituentium Ordinariorum, 
 feu Provi forum. Et alternatis vici- 
 bus unum cedat Apoftolico, & aliud 
 Collator!, Patrono aut Provifori. Ita 
 quod per quamcunque aliam, aut 
 prserogativas, ultra prxdidas vel alias 
 difpofitiones Aportolicas, feu Gratias 
 Expefiativas, non fiat Collatori, Pa- 
 trono vel Provifori prxjudicium in 
 diSa mcdietate. 
 
 Ubi autem in his qux cedum fub 
 ExpeSativis non apparet aliquis ex- 
 fpeflans, infra incnfem ligitime ae- 
 ccptans, & provifus, intra tres men- 
 fcs Collatorem feu ejus Vicarium 
 certificans, a die nots vacationis in 
 loco^Bcneficiis, is, ad quern pertinet, 
 conferat feu difponat, difpofitioque 
 medio fafta tempore valeat, nee ei 
 computetur in fua vice. 
 
 Item Beneficia vacantia per refig- 
 nationem fimplicem non cadent fub- 
 ExpeSativis. Et ifta & ilia, quK ex 
 caufa permutationis conferentur, neu- 
 tri parti computentur, Qiiia circa 
 qualitates graduatorum nobiliumque 
 & literatorum, ad cfFedum promo- 
 tionis eorum, ad Dignitates, Honores 
 & Reneficia Ecclefiaftica, quorum 
 futfragiis indigere nofcitur Ecclefi;;, 
 tjondtim haberi potuit flcnaria concoi~ 
 ^/.7, Dominus noftercum dcputandis 
 ad hoc pcrNationes fingulas, quantum 
 fieri commode poterir, providcbit. 
 
 Tie J N N AT I S. 
 
 proh dolor I 
 
 Regnum Frnncia: 
 
 his 
 
 CANCTISSIMUS Dominus 
 
 ^ nofter, penfatis guerrarum cladi- temporibus concutitur, pio ei com- 
 Iws atque variis difpendiis, quibus, paticns affe^tu, non vult nee intcndis 
 
 3 levari
 
 ^ Martini V. Qoncordata. 
 
 479 
 
 Zevari feu percipi ultra medietatem 
 frudluum primi anni feu communium 
 & minutorum fervitiorum, Ecclefia- 
 rum feu Abbatiarum, quae in ipfo 
 Regno & Provincia Delphinatus in 
 pofterum vacabunt tifqne ad quinquen- 
 nium, quam medietatem vult levari 
 atque exfolvi pro media parte in- 
 fra odlo menfes, a die habitse poffef- 
 fionis pacificx computandos, pro alia 
 Tero medietate infra alios oflo men- 
 fes fubfequentes. Et idem vult & 
 intendit obfervari circa jam promotes 
 & adlimtos a tempore afTumtionis e- 
 jufiem. Nee debitum ejufmodi in 
 Succeflbrum in Ecclefia vel Mona- 
 fterio Monafterium tranfeat. Si ve- 
 ro Ecclelia vel bis in anno vacaverit 
 vel plaries, vult & ordinat, quod 
 non folvatur, nifi femel commune 
 fervitium, fed nee etiamminuta. De 
 ceteris autem Dignitatibus, Perfonati- 
 bus, & Beneficils, fecularibus & re- 
 gularibus, quibufcunque, qux aufto- 
 ritate Sedis Apoftolicos confercntur, 
 prxterquamvigore Gratiarum Expec- 
 tativarum aut caufa permutationis, 
 perfolvatur taxa fruftuum fecundum 
 moderationem Extravatiantis , fuf- 
 eepti regimiais, Domini Joannis Paps 
 XXII pro medietate infra fex men- 
 fcs, a die pofleirionis pacifica; com- 
 
 putandos, & pro medietate alia infra 
 alios fex menfes fubfequentes. Et 
 debitum hujufmodi ad Succcflbrem 
 in Beneficio non tranfeat. Nee ali- 
 quid folvatur de Beneficio, quod va- 
 lorem XXIV florenorum non excedit. 
 De Monafteriis autem Monialium 
 nihil penitus folvatur. 
 
 Qu^ omnia in prsfenti Capitulo 
 contenta locum habeant pro totaNa- 
 tione Gallicana. Excepta dumtaxat 
 remiffione communium & minuto- 
 rum fervitiorum. Debita temporis 
 prseteriti remittuntur pro medietate, 
 folventibus aliam medietatem infra 
 fex menfes, qua: debita folvantur 
 CoUeiHoribus in Galliis, qui tamcn 
 non habeant aliquam cocrcitionem, 
 nifi in Galliis, ubi Domiuus nofter 
 difponct. 
 
 Item, non intendit Dominusnof- 
 ter, nee vulr, quod Gratix Expe6la- 
 tivx fe extendant ullo modo ad Of- 
 ficia Ciauflralia, quorum fruftus iv 
 librarum Turonenfium parvorum, 
 oneribus fupportatis , valorem an- 
 nuum non excedunt, nee etiam ad 
 Hofpitalia, Xenodochia, Eleemofy- 
 naria vel Leproforia. Nee compu- 
 tentur in turno feu vice Collatorun*. 
 feu Proviforum. 
 
 IDe Caufs in Romana Curia t raft audi s vel non. 
 
 CA U S iE, qux ad Forum Eccle- 
 liallicum de jure vel eonfuetudine 
 non pertinent, per Curiam Roma- 
 nam non rccipientur, de illiseognof- 
 ccndo in ipfa, vel extra committen- 
 do ; nil) de confenfu partium. Qux 
 vero ad Forum Eccleliafticum, ut 
 prxmittitur, pertinent, & de jure 
 funt per appellationem aut aliter ad 
 Romanam Curiam legitime devolutx, 
 aut de fui natura in ilia Cuiia trac- 
 tandx, tradentiir in ilia. Ceterx 
 eommittantur in partibus. Nili for- 
 
 te pro caularum aut pro perfonariim 
 
 qualitate illas traSare in Curia expe- 
 diret, pro juftitia confequenda, vel de- 
 partium confenfu, in Curia traftai— 
 tur. Matrimoniales tamen eaufx in 
 prima inllantia, praiterqunn per ajr-- 
 pellationcm, non committantar in 
 Curia, nifi in cafibus proxiinc didis. 
 Item ad rcfrxnnnd:r,n frnjlratorias 
 appell.-itiones, qux ante delinitivas fer.>'- 
 tentias interponuntur , ordinamus , 
 quod injuPto feu frivole appellans ad 
 interlocutoria , ultra condemnatio- 
 
 neni
 
 48^ 
 
 Galltca Natmiis 
 
 nem expenfarum, damnorum inter- 
 
 effe, in xv florcnos, fi appellatio in- 
 
 'tcrponatur in Curia, & in viginti flo- 
 
 ■renos, fi de partibus ad Curiam, Par- 
 
 ti appellant! condemnetur, & quod 
 fuper eadeni interlocutoriavel grava- 
 mine fecund5 appellare non liceat, 
 riiii habcrent vim definitive. 
 
 "De COMMENDIS. 
 
 r\RDlNAT idem Dominus 
 ^~^ noller, quod inipofterum Mona- 
 fterin, aut magni Priorntus conven- 
 tuales, quK vel qui confueverunt ha- 
 bere ofto Religiofos in Gonventu, 
 Officia cIauilralia,Dignitates majores 
 poll pontificales in Cathedralibus , 
 live Ecclefias Parochiales »«///' Pr,e/a- 
 to etiam Cardinali dentur in Titulum 
 feu Cotnmendam. Nifi propter urgen- 
 tem neceffitatem, ad fuccurrendum 
 capiti, fcilicet Ecclefix, vel Mona- 
 fterii Superior!, de membris Papa a- 
 liud cenferet faciendum. 
 
 Item de Hofpitalibus, Xenodo- 
 thiis & Leproforiis. Item de Bene- 
 ficiis non afcendentibus valorem 
 quinquaginta florenorum, oneribus 
 fupportatis. Una autem Ecclefia, e- 
 tiam Metropolitana, uni Cardinali 
 vel Pattiarcliae c'oncedi poterir, pro- 
 vilionem aliam non habenti fufficien- 
 tem Ubi vero aliqui Praelati effent 
 expul-ii fine culpa fua a Praelaturis 
 fuis, vel adeo diminuti, quod non 
 pofiTent commode videre, tunc Papa 
 eis jationabiliter provideat, 
 
 ^e Indulgenftis^ 
 
 Circa hxKxCwXximlndHlgentiariim, 
 habita deliberatione matura nihil in- 
 
 tendimus circa eas immutare feu or- 
 dinare. 
 
 2)^ 'Difpenfatiotithus. 
 
 Ordinat Dominus nofier, quod 
 ad Ecclefias Cathedrales, Monafteria, 
 Prioratus Conventuales, aut Paro- 
 chi les Ecclefias, fuper defeflu ajtatis 
 ultra triennium nullatenus difpenfa- 
 bit, nifi forte in Ecclefiis Cathedra- 
 libus ex ardua & evident! canfa, de 
 confilio Cardinalium feu majoris 
 partis illorum, videreturaiiter difpcn- 
 fandum. 
 
 Item Dominus nofler in gravibus 
 isf arduis can/is fine confilio Cardina- 
 lium non intendit difpenfare. 
 
 Item ftnfliflimus Dominus nofier 
 & venerabilis Natio Gallicana volue- 
 runt & protcftati funt, quod per ordi- 
 nationem & obfervantiam omnium 
 & fingulorum prxmifTorum nullum 
 jus novum alicui eorum quxratur , 
 
 autpraejudicium aliquod eis vel alter! 
 ipforum generetur. Ut auSoritate 
 Apoftolica & fuprema poteftate fem- 
 per falvis & illibatis remanentibus, 
 ipfa venerabilis Natio Apoftolicapro- 
 teftione & paterno rcgimine fandif- 
 fimi Domini nofiri, immunitatibus 
 atque privilegiis fuis falvis, tranquil- 
 lam agens vitam, liberius Deo poflit 
 famulari, femper parataad devota ob- 
 fequia ipfius fimftiffimi Domini nof- 
 tri. Et quod tolerentur ufque ad 
 quinquennium froximum dumtaxat. 
 Et cuilibct volenti habere capitula 
 prxdiSi vel aliquod eorum, in for- 
 ma authentica, & fub figillo Domini 
 Vice-Cancellarii, dentur, taliter, quod 
 fidem facere pofllnt in quocunque ju- 
 dicio & extra.
 
 y Martini V. Qoncordata. 
 
 43 r 
 
 H^C ita Umverfitati vc/lr^ tenore 
 prElcntium firmicer attellantcs, eaf- 
 dem noftras prxfentes literas in co- 
 ram fidem & tcftimonium prasfato 
 Domino Eplfcopo /Ittrelpatenji conccC- 
 fimus, figilli noftri munimiue robo- 
 ratis. Datum & aftum Conjlautite 
 
 provincix Moguntinx, in domo ha- 
 bitationis noftrx, die oHaxa menfis 
 Mnii^ fub anno a Nativitate Domini 
 Mccccxviii & Pontificatus prsdiiSti. 
 Sign. Bobeuniiis. 
 (Lobenniu^) 
 
 Trarogativa In obtinendis Beneficiis, 'Dniverfitati Variji^ 
 enji concejfa per T>omintim Martinum 
 
 OANCriSSIMUS Dtminus 
 *-' nojler, Dominus Mcvrthius Papa. 
 quintus^in favorem 05* pro incremento 
 Univerfitatis ftudi' Parilienfis, voluit 
 kd ordinaznt^ quod hac vice dumtaxat^ 
 ■in 7'beotogia l^ Dccretis DoiSloribus, 
 Medicina ^ Arf.bus Magiftris^ in ro- 
 tulo diiii Studii, per eundem Domi- 
 num nolhiim fub data 4.. Art/. Febr:i- 
 arti^ Pontificatus fni anno primo^ fig • 
 ftaio, defi:riptis, ijf /« eodem (ludio ac- 
 tK Id fine frande per ipfa/n Univerfi- 
 tatem pr-xfc/itibus reputatis. Id cum c- 
 ttam in eodem ftudio huuifimodi hono- 
 nrij^ gradum ^ gradtts receperint^ in 
 afTcciuioneDcneficiifeu beneficiornm, 
 quod fiU qtix vigore gratiarum, eis in 
 Aido rotitlo faciarum^ expe.lant, vcl 
 in antea. expeduhunt^ nalli alii five 
 alius .fub quacunquc data^ pari aut 
 fnajori., qui -ab eodern Domino roftro 
 gratias expeilativas fub quacunque for- 
 ma vcrboriim obiinuerint, feu in fntu- 
 rum obtinebunt^ etiumfi per eas zd ea~ 
 rum auiioritate quarumcunque Eccle- 
 fiaritm Canunici creati, aut in cis in 
 CaKonicos fub exVeiiatione Pr,tbt»da- 
 rtim recepti exiftcmt^ prxjudicare va- 
 leant, nee eis qit>qui> modo prefeiri. 
 
 Sedis Apofioi'Cie Protunotctriu^ Au- 
 ditor e cvntradiSlarumt Corredorelite- 
 rarum Apoftolicarum , Subdiaconis , 
 Referendjriis, qu.ituor CuMculariis, 
 ^ totidem Secretariii, ac qui;7fHe A- 
 colutis ipfius Domini nofiri^ a Cancel' 
 laria nr/minandif, iinico CaynertC Apo- 
 Jiolic.e, \d omnibus Palatii Apojlolici 
 Vol. II. 
 
 Tapani qutntum. 
 
 caufirum Auditorihtis^ verifque fami- 
 Uaribus ipfius Domini mftri Pdpix:^ per 
 eum pro talibus reputatis, fingulorum 
 qu93ue finHce Komanx Ecclefi.i Car- 
 din.ilium fingulis triginta familiaribiis 
 doynefiicis, continuis commenfalihus^ in 
 ipforum Domini no/lri zd CardinaHmyt 
 primis Ht principalibus rotulis defcrip- 
 t:s id p^f eofdem Cardinales in Car- 
 cell. .ria pnedt£la deciirandis : Singu- 
 lis duabus Ecclefiaflicis pcrfonis, qui 
 in Conclavi, in quo ide.-n Dominus 
 nofier cleans fuis, fingulis in eo exif- 
 ten ibiis Dominis Cardinalihus Id "-'"^ 
 Pr.eldtis ac Perfonis Ecclefiaflicis ad 
 celebrandam eteiiionem Romuni Po»- 
 tificis depulatis fervierunt : Singulis 
 quuqae dundecim Pricfidcntibus in "^-an- 
 cellaria^ fub frnBiC Koman.c Eccleficc 
 Provicecanccllario, familiaribus^ com~ 
 menfalibus^ fcriptoribus li'erarum A- 
 pifiulicarum^ qui tamen e Re/^yiik'r:iii- 
 ciit eriundi, vel in aliquu gensralium 
 fiudwrum ipfius graduati exfiiterinty 
 nee non viginti quinque dnmtaxat <?9- 
 rumdem literarum Abbrevtatoribus^ 0- 
 riundis fimiliter de dido Rtgm, vel 
 faltem de Divcefibui ad tpfnm fe prx- 
 tendcntibus^ fimili modo in aliquo flur 
 dioruiii hnjufnodi graduati^., in dida 
 Cancellaria nominandis : Diminorum. 
 Cardinalii'.r/t nepotibus Id fratrtDus i 
 Impera'.ornm, Rcgum, Ducum, Mar- 
 chionum & Comitum iiliis, fracribus 
 & nepotibus : I^fuper Rc'^um, Regi- 
 narum, Delphtni l^iennenfii^ \d fingH- 
 lis fingulornm Ducum., fcilicet Bur- 
 P p p gundixy
 
 4^2 
 
 Gallic^ NationiSj ^c. 
 
 gundia, AtfrtUanotfis^ Bmbantiir, Bri- 
 tanma^ BorbonL-Cy ^ Scibtjudiie Pro- 
 ciiratoribiis^ in Romana Curia continue 
 refidentibus : Fumi/iaribus etinm do- 
 meflicis, aS^a is' continne ferviiiis in- 
 fijlenlibus, Imperatorum, Regiini, Re- 
 ginaruin, Delphini ^ Duarrn pr.cdic- 
 torum, & uxorum eorumdem, in pri- 
 mii y principalibusjuis rotulis infcrip- 
 tis , qui tempore data prtefentiuin gra- 
 tiarum^ cis per euniUm Dominuin f:oj- 
 irfini oncejjarnm aut concedendartim^ 
 fuerint BeneficioruM Ecclejiajlicorura 
 capnces : Aut etiarn Imperatorum, 
 Regum, Ducum, Marchionum & 
 Comitum, ac Commnnitatum, propri- 
 *im de fe regimen habentium, primis 
 Ambaffiatoribus, ad Domiiuim nof- 
 trum deftinatis ; Pariterque Univerfi- 
 tatem quorumcunque generalium Jludi- 
 «rum Ambaffiatoribus ^ Nuntiis, qui 
 in prttfato Concilia pro Ecclefisjlica 
 ■pace, y fiatu univerfalis Ecclejitc fe 
 frafentaverunt : Ac etiam il/is, qui 
 (onfuetos ^ ordinarios roiulos ipforum 
 fiudiorum, feu de ipjts, eidtm Domino 
 nojiro prafcntaverunt^ vel in poflerum 
 frcefefttabunt : Gentibus qiioque Eccle- 
 Jiajlicis, Rcgiura Parlarnentum Pari- 
 fiis tenentibus, y fwguUs filiis non 
 Ecclejiafticis, dumtaxat except is. 
 
 Pr,tdidos tamen Ainbafliatores £3' 
 Nxntios, aut alias quafcunque perfonas 
 
 fuperius exprcffas, quihus furfan idem 
 Dominus nofler fecit aut graiias ex- 
 peifiativas ad duo ^ phira Beneficia ad 
 ziitam^ Is' diverfas collationes, Jive 
 virtute Uttius zsf ejufdem gratix^ five 
 virtute diverfirum , feu. extenfionis 
 unius gratia is diverfirtim, Vuluit i- 
 dem Dominus nofler pritfatis DoSiori- 
 bus is' Magijhis, etiamfi alias veniant 
 praferendi^ nifi quoad unum Benefi- 
 cium, quocuyique tamen or dine numeri 
 affequendum, prasferri, Canonicatu i^ 
 Prabenda is" Dignitate^perfonatu., ad- 
 miuiflratione is' officio, pro unico Be- 
 neficia computatis. 
 
 Voluit infuper idem etiam Dominus 
 nofler is' ordinavit, quod ft alicui i^ 
 aliquibus per iinportnnitatem peten- 
 tium aut alias conceffit fe coucedcrct in 
 futurum prarogativa derogatoriam 
 fnb quavis verborum forma, per quam 
 in aliqKO prajudicium generaretur, vel 
 derogari poffet Doiioribus is" Magijiris 
 prafatie Univerjitatis, feu alicui ex eisy. 
 ad quos extenditur diiia pritrogativa^ 
 illis nullum prxjttdicittm ajferri poffit 
 nee valeat, fed quoad ipfos caffa fit isf 
 irrita. Nifi Dominus nofier de pne- 
 rogativa Univerfitatis fpecialem in li- 
 ieris Apojlalicis fecerit mentionem. 
 Quad tamen ultra numerum quixqua-^ 
 ginta perfonarum facer e i^ aliquo m9r 
 d» csncedere non intend'tt.. 
 
 AN-
 
 4^? 
 
 ANGLICANiE NATIONIS 
 
 ET 
 
 MARTINI V. PAP^ 
 
 CONCORDAT A, 
 
 Qiioad fupremi Ecclefiaftici regiminis emendationem. 
 
 In Conjlantienji Concilio, fiih illius finentj A., 141 8. 
 
 confcripta atque pviblicata. 
 
 Ex antiquiffimo Codice MSCto Anglicano 
 
 BibliothecjE Academic Cantabrigiensis. 
 
 Apud Vender Hardt, T. I. p. 1079. (6) 
 
 PRvEFATiO AC TESTI MONIU M 
 
 JOANNIS, EPISCOPI OSTIENSIS, 
 
 Cardinalis &: Vice-Cancellarii. 
 
 u 
 
 'Niverfis & Singulis JOANNES, miferatione divlna E PI- 
 SCOPUS OSTIENSIS, SanHce Rom.Ecckfia Q K^- 
 DINALIBUS ac VI CE-CANCELLARIUS, Sa- 
 
 lutem in Domino, & prxientibus fidem indubiam adhiberi. 
 
 Si juxta laiidabilem antiquorum fententiam & providum lapientum 
 
 confiliiim dignuni eft, ea, qii^e majorum conlxjltiffima providentia 
 
 in Subditorum gratiam & commoda gcriintur, fcripturx teftimonio 
 
 redigere: Dignum per confequens & rationi confentaneum, ut adeo 
 
 nota fie eorum vericas, quod inde nee defic pacificis oppoituna pro- 
 
 vifio, nee ulquam perveriis llib ignorantia variandi iiipina fnciiltas 
 
 relitaquatnr. 
 
 cmzoriata CuM itaque nuper inter Sanftiflimum in Chrifto Patrem & Do- 
 
 intcr Mar- mlnum noftrum, Dominum M A R T I N U M, divina providentia 
 
 y,'ghs in Papam quintiim, & Rcvcrendos Patres, Prslaros, necnon egregios & 
 
 ^enfi^cTiIci- circumlpeftos vires, Ambafliatores, Procuratores, Uoctores & Ma- 
 
 /,o f:>aa. giftros, ceterofque, 'venerabikm NATIONEM ANGLICA- 
 
 ^cmc'i'T N A M, in General! ConJIantienfi Concilia repnefentantei {y facientes., 
 
 r'u kua, nonnulla C A P I T U L A C O N C O R D A T A, & ab utraque 
 
 ^ '^''- P P P 2 parte
 
 484 
 
 Anglic ana Nationis- 
 
 ^:i»/«- parte fponte fufcepta: Nee non de difli Domini noftri Paps man-- 
 
 siohcrio data in lihro Cancellari^ SanQx Romanx Ecclcfi, in quo Romano- 
 
 ^nevtiii j.^^j^ Pontificum Conftitutiones & Ordinationes Iblent conlcribi, ad 
 
 Aiigikar.a futuram rci certitudinem, nobis opeiam dantibiis, prout ad noftrum 
 
 ^I'iia."'" Ipe^at officium, cheXII. menfis JulH: Pontificatiis difti Domini nof- 
 
 tri Papx Anno I. co?!fcripta fiierunt : Adjefto, quod Tub noftrariim 
 
 literarum teftimonio indigens qnitqne fibi teftmonium fnmere valeat 
 
 in toto, vel in ea parte, qua indiguerit eorumdem : Nos igitur, ad 
 
 Venerabilis Viri, Roberti de Nevillij Canonid Ecclefice Eboracenfis^ 
 
 Parochialis Ecdefne de Spoffoord ReBoris, inftantiam, CAPITUI^A 
 
 hujufinodi, lit prxfertur, CONGO RD At J^ & fponte fufcepta, 
 
 ex integro ex libro prsedifto de I'erbo ad verbum fideliter tranfcribi^ 
 
 & prsefentibus annotari facimus. Quorum tenor feqiiitur ad hunc. 
 
 inodum. 
 
 CAP I. 
 
 'De numero ^ Natione Card'inalium. 
 
 Sumetut 
 Cardinal}- 
 am fit mo 
 deratus. 
 
 Ezoftmibui 
 regnts eli- 
 gendi Car- 
 i'males. 
 
 T N P R I M I S, quod niimerus Car- 
 '- dinalium faiiQ^ Romanse Eccle- 
 fiae adeo i\l moderatus, quod »o» fie 
 gravis EcdefLc^ nee nimia numerofi- 
 tate vilefcat. 
 
 Qui indiflerenter de omnibus regnts 
 
 & Provinciis, totius Chriftianitatis, 
 ac cum confenfu & allenfu Collegij 
 Dominorum Cardiaaliuni,.ve! majo- 
 ris partis eorumdem, eligaynnr & af- 
 fumantur. 
 
 CAP. II. 
 T>e INTtVLGENTIIS. 
 
 TTEM, Quod, cmnoccafioKe A'wex- 
 farum indulgentiarum^ ac litera- 
 rum facultatum a Sede Apoftolica 
 conceflarum, ad ebfihenditm quof- 
 cunque vifitantes, five ofterentes iu 
 certis locis, &^«f/?«r<?ra»2quamplu. 
 rimarum , qu,t in Anglia plus folitt 
 m An^ita- nunc abundant^ iionnulli peccandi au- 
 daciam frequenter afTuniant, ac con- 
 tMTitis fuis propriis Curatis, & Eccle- 
 fiis fuis parochialibus dimiflis, ad ip- 
 
 InduJgen- 
 tiarum o- 
 lintahu'u 
 
 fa \oczfpe indulgenttarum & ConfeP 
 fionum accedunt, decimas, oblatio- 
 nes & debita didarum Ecclefiarum 
 Parochialium fubtrahunt, feu lolvere 
 ditterunt minus jufte : Committatur Dixce^ant 
 Diatcefanis locorum, ad inquirendum inquirxnt 
 fuper qualitate earum, cum P''teftate'"l"'l"f'^^ 
 fufpendendi omnino audoritate h.'^io-iieSas. 
 ftolica illas, quas invenerint/trtfK^^/o- 
 fas, & illas denunciandi Papa;, ut illas 
 revocet, &c. 
 
 CAP.
 
 (S Martini V. Concordata. 
 
 485 
 
 CAP. III. 
 
 T)e Appropriationibns J Unioitibusj Incorporationibusj 
 Ecclejiarnm ^ Vicariatuum. 
 
 T T E M, De cetero nnlltt fi:iiit Jp- 
 
 ■*• propriationes Ecch-finrum Farochi- 
 
 alium motu proprio : Sed eomniitt^- 
 
 tur Epifcopis loconim ad inquirendum 
 
 de veritate fuggeftionum. Et in e- 
 
 ventum, quo per debitam & juridi- 
 
 cam notionem conflare poterit, quud 
 
 Aipnfnd- caufii Approprititionurn dcfint, legiti- 
 
 ''£'^"^^^'^' me procedatur ad Appropriationem, 
 
 futlm*. front fuerit juris illarum Ordinario- 
 
 rum. 
 
 Qu^ jam funt fortita effedum^ 
 valla fiat, fi ex revocatjone fequipof- 
 fit fcandalum. 
 
 Alias vero committatur, quod 
 inquirant, &c. Et quas invenerint 
 fieri merito non debuiffe, vocatis 
 tunc ad hoc vocandis, cajfeut, &c. 
 Item, Omnes ttmones, incorpora- 
 
 Vnimet 
 Ticaria- 
 
 tiones, appropriationcs & co>}folid:i!to-'""''' P-''P'' 
 r/ ■ ■ T- . tu.irum re- 
 
 fies yicartnrum perpetuurum in iLZz\^- ^^cau. 
 
 iiis Parochial ibus, ex quibufcunque 
 
 caiiiis fafta; a tempore fchifmatis, in- 
 
 dillinfte revucemur, & Vicarii ferpe- 
 
 tui in iifdem per Ordinaries locorum 
 
 hac viceordinentur & inflituantur. 
 
 Ac in lingulis Eccleliis Parochia-f'/MnKr 
 libus fit untts Vicariui pcrpetutis, qui'f."'^''"'" 
 curs inliltat animarum, bene & com- cUfiu ra- 
 petenter dotatus, prohofpitalitate ibi-^"'^*"'''- 
 dem tenenda, & omnibus debitis fup- 
 portandis. 
 
 LiTERis ApoHolicis, & Ordina- 
 riorum compofitionibus, fiatutis, & 
 confuetudinibus, ac aliis in contrari- 
 rium fadis, non obftantibus quibuf- 
 cunque. 
 
 CAP. IV. 
 
 2)^ ornatu Tontificali inferioribus Tralatis non 
 cone e den do. 
 
 IT E M, omnia prhilegia, citra obi- Dignitatem Pontificalem pertinent!-* 
 
 tum felicis recordationis Gregorii bus, revocentur. 
 
 PapaeXI.. conceffa Prxlatis inleriori- Qu^ vero ante obitum ipfius Gre- 
 
 bus de tiiewdo Pontificalibus, fcilicet gorii concefla fuerint, in fuo robore 
 
 MitriSj Satidaliis^ & hujufmodi ad permaneant & effefiu. 
 
 CAP. V. 
 ^e "DISTENSATIONIBV S. 
 
 »//pfn/d/;.TTEM, Licet pluralitas Bentficio- 
 cnesjuper X ^^^^ canonibus exofa exiftat, aut 
 Benifich-^ fuper ea difpenfathnes^ jure hoc die- 
 rum proti- 1 ante, fieri non debeant, nili perfonis 
 nobilibus & viris eximite liberalitatis : 
 Nunc taincu in Curiis Dominorum, 
 
 ti(A 
 
 tarn fpiritualium quam temporalium, 
 tales difpenlationes irrepfcrmu: Prs- 
 mifla, feu eis confimilia: De cetero 
 mn fiaat, fed in prasmiffis fervctur 
 Concilium Generalc. 
 
 Illm tamen, qux funt fortita: ef- 
 
 ledlum,
 
 485 
 
 Ainlkantc Nationlsj ^c. 
 
 fc£tum, in fuo robore permaneant. 
 Nili forte aliqus fuerint & Wnifcan- 
 dilofx. De qaibns fieri mandamus 
 concelTioiiem locorum Ordinariis, & 
 Ordinarii certificent, & revocentur 
 fcandalofa. 
 
 Item, Quia modernis temporibus 
 plus folito cum diverfis perfonis, in- 
 fra Regnum cjf Daminii pr.td'.aa be- 
 neficia curata obtiaentibus, per Se- 
 dem Apoflolicam contra jura commu- 
 pifpenfa- nia difpenfatum exillit, ut per tres, 
 fa'crh 'of 1f^^t"°''i q»'-'!q^i<:-, fex ^ fcptem an- 
 dmihus nos, vel ultra, aut in perpetuum Be- 
 vctit*. ncficiati prccdifti ipfa Beneficia poffi- 
 dere & cccupare valcant, fie nt ad 
 Ordims dibitos interim ordinari rnini- 
 me teneantHr, ill grave fcandalum 
 Ecclcfiffi, &c. Omiies difpenfationes 
 . hujufmodi indiftindte revocentur. 
 
 Et Beneficiati hujufmodi ordina- 
 tioni juris communis in hac parte 
 omnino fubdantur. Si tamen Bene- 
 ficiati prjedifti fint alias habiles ad hu- 
 jufmodi ordiaes fufcipiendos. 
 
 Item, Quia, propter difpenfatioms 
 Sedis Aportolicx, nonnullis perfonis 
 infra Regnum & Dominia prsedida, 
 fuper non refideniia^ nec non Archi- 
 diaconis ad vifitandum per procura- 
 tores, faSas, nou folum animarum 
 cura negligitur, fed etiam potellas 
 Epifcopalis per impetrantes difpenfa- 
 tiones hujufmodi contemnitur; Nnl- 
 Lt difpenfationes deinceps fiant ahfqite 
 cizufa rationabili csP legitirna, in Ltte- 
 ris difpenfationum hujufmodi expri- 
 menda. 
 
 ConcesSjE autem abfque caufa ra- 
 tionabili, five legitima, revocentur, 
 De quibus fijt commiffio Ordinnriis. 
 
 Item omnes Literafacuhatiim con- 
 cejj'de Religiojis qiiibufcunque, infra 
 Regnum is' Dominia preedida, de ob- 
 tinendo BeneficiaEcclcfiaftica, cura- 
 ta vel non curata, qase non funt for- 
 titx eifcSum, indiftiade revocentur. 
 
 Abstineatur de cetero ab hujuf- 
 modi Uteris facultatum conceden- 
 dis. 
 
 Bifpmfati- 
 oiitS tie 
 non refiden- 
 do in Ec- 
 clefia, rc~ 
 pudiau. 
 
 De Offlciis ■ 
 Ecclefmjii- 
 cis Mona- 
 cbit confe- 
 nndii. 
 
 CAP. VI. 
 
 ^e Angiis ad Officia Romaiia Curia afftimendis. 
 
 IT E M, Quod aliqui etiam de Na- Rnmante ajfumantur una cum aliis, de 
 lione Anglicana^ dammodo tamen cet " " " 
 
 fint idonei, ad fingula OJficia Curiae 
 
 ceteris Nationibus, indifterenter, &c. 
 
 Conchjio ^ repetitnm Teftmon'ium 'Joannis OJlicnJis^ 
 Cardlnalis ^ Vice-Cancellarii. 
 
 ITEM, Quod fuper omnibus & 
 fingulis prismiffis Dominus nof- 
 tcr fummus Pontfex mandtt & fie- 
 ri faciat prxdiSx Nutioni AngUcrn.s 
 unam vel plures, ac tot, quot fuerint 
 iitfTi to requiiitse, Litercis fuas BuUatas^ in 
 '/•'■^■'''■i"-' bona forma, ac crntiis de Mandato, 
 tis Angiis ad perpetuam rei mcmonam. 
 dand£. H.tc itaque Univerfitati veflrx te- 
 
 nore prccfentium firmiter attcftaates, 
 
 eafdem noftras Litcras prsfentcs, in 
 horum fidem & teflimonium, prsfa- 
 to Roberto Nevilli concefllmus, nof- 
 tri Si^illi munimine roboratas. 
 
 Datum Gebennis, in Domo h^^- suhfcnpti" 
 bitationis noftrcs, fub /Inno a Nativi- ynannis of 
 t.:tc Domini MCCCCXVIIL Indie- ''^"^/•'"f- 
 tione Al die veto XAl menps Jn'ii.t ,cc-can 
 Foniificatus prjefati " 
 Papx Anno I. 
 
 Domini noliri"''*";. 
 
 POR-
 
 487 
 
 FORMULA OBLIGATIONIS 
 
 Servata in Camera Afojlolka. 
 Apud Vender Hardt, T. I. p- 786. 
 
 (7) 
 
 PR I M O rubricst Forma obliVa- 
 tionis Putriaichx, Aichiepifcopi, 
 vel Epifcopi, aut Elc£li, quando in 
 propria forma fcquitur: Vos, Domine 
 Patriarcha, Archicpifcope, Epifcope, 
 aut Eledc, de liccntia & audoritate 
 Apollolica, vobis in hac pnrte con- 
 ceiTa, gratis & fponte ofienis, dare 
 promittis & donatis, pro veftro com- 
 muni fcrvitio Gamers Sandiflimi in 
 Chrirto Patris & Domini Domini, 
 &c. ALEXANDRI PAP^ V. 
 & facro CoUegio Revercndiffimorum 
 in Chrifto Patriim, Dominorum 
 Sandx Romanne Ecclefia; Cardinali- 
 iim, videlicet, &c. Florenos auri dc 
 Camera, boni & legitimi ponderis, & 
 quinque fervitia conlueta, pro Fami- 
 liaribus & Officialibus Domini noftri 
 Papx, & Dominorum Cardinalium 
 prssdidorum. Item recognofcitis cil- 
 dem CamerE & Collegio ac Familia- 
 ribus, & Officialibus, omnesillas pe- 
 cuniarum quantitates, in quibus pra;- 
 di6ta veftra Ecclefia in libris iplbrum 
 Camera: & CoIIegii, per aliquorum 
 PrsedecefTorum veltrorum perfonas 
 obligata e(l. Quos quidem florenos 
 cum quinque fervitiis & recognitis 
 fupradidis, promittis reddere & fol- 
 verc real iter cum eftedu, in Romana 
 Curia, ubicunquefuerit, videlicet Re- 
 verendiinmis in Chrifto Patribus & 
 Dominis Dominis, miferatiene divi- 
 na Henrico Epifcopo Sabinenfi, & 
 AmcdKoSaiittx Maria: novsDiaco- 
 1)0 Neapolitanenli, & de Saluciis, 
 vulgaritcr nuncupatis, fimftx Roma- 
 ns Ecclefiae Cardinalibus, & Fran- 
 cifco miferationc eadem Archiepifco- 
 po Narbonenfi, Domini nollri Paps 
 
 & facri Collegii Cardiuilium Camc- 
 rario, vel corum Siiccellbribus, vel 
 Dcputatis ab eis, medietattin Icilicct 
 in fefto, &c. & aliam medietateni in 
 fefto, &c. Recognita vjro in alio fi- 
 miii tefto, &c. Quod fi debito loco 
 & terminis diitam florcnorum ^v.Wi- 
 mam, & quinque fervitia confueta, 
 & recognita fupradida non folvatis, 
 ut diftum eft, promittatis redire ad 
 Romanam Curiam infra quatuor men- 
 fes, polt elapfos tcrminos hujufmcdi 
 vel altcrum eorumdem immediate fe- 
 quentem, & coram diftis Dominis 
 Camerariis feu eorum Succefforibus 
 aut Deputatis ab eis , perfonaliter 
 comparere, & inde non reccdere do- 
 nee per vos fuerit de pr^didtis intc- 
 graliter fatisfaSum. Super hos obli- 
 gatis vos vel Eccleliam veflram, & 
 Succeifores veftros, ac omnia bona 
 Eccielis veftrx mobiiia & immobilia, 
 prxfentia & futura, ubicunquc lint 
 & confiflant. Et ut fitis vinculo for- 
 tioris obligationis adltridi, fubmitti- 
 tis vos, 8c fucccJibres vtflros jurif- 
 didioni & cofircitioni didorum Do- 
 minorum Camerariorum, & cujufli- 
 bet eorum in folidum, ac ctiam fuc- 
 celTorum fuorum & deputandorum 
 ab eis. Et de voluntate veflra qui 
 hoc vultis & petitis, & banc jurifdic- 
 tionem in cos porrigitis, prxfati Do- 
 mini Camcrarii, & quilibet eorum, 
 eandem jurifdidionem in fe fufcipi- 
 entes, & fufcipicns in loco manda- 
 tum faciunt & prrceptum, ut de re 
 confeflata de folvendo didam florc- 
 norum fummam, & quinque fervitia 
 ac recognita fupradidta, de revenien- 
 do ad Romanam Curiam, & de non 
 
 recedendo
 
 458 
 
 Formula OhligatriuSj ^c. 
 
 recedendo ab ca abfqne (IitisfaSionc, 
 & quod omnia alia & fingula fup-.a 
 difta cfficaciier compleatis & itteii- 
 datis. Quod fi iion fcceritis, ful- 
 penfionem ab adminillradone fpin"tu- 
 alium & temporalium diSaeEcclelia;, 
 & ab executione Pon'ifical'utTi, & 
 majoris cxcommunicaiionis ft-nten- 
 tias, ex nunc prout ex tunc, in vos 
 Canonica monidone pramilTa profe- 
 runt in his fcriptis : Comminantes ni- 
 hilominus difli Camerarii, & quili- 
 bet eorum, (e contra vos, di6tutn 
 Dominum Patriarcham, Archiepifco 
 pum, Epilcopum vel Eleduin, pro- 
 ceilaios, & procefTurum, abfquealia 
 vocatione feu monitione, ad gravio- 
 res poenas & fcntentias fpirituales & 
 temporalcs, & aggravationes e?,ruin, 
 prout eis leu eorum alter! placuerit 
 feu vifum fueric expedite : Et quod 
 vos denunciabunt, & denuiici ui fa- 
 cient per fe, vel per alium, feu alios, 
 excoiumunicatum, fufpcnfum, per- 
 jurum, & aliis poenis &fententiis ad- 
 ilridum, qujs propter hoc in vos 
 duxerint profereni.las. Et vos, Do- 
 mine Fatriarcha, Aichiepifcope, Epif- 
 cope, vel Ekfie, rcnunciatis fuper 
 his omnibus Liteiis, Priviiegiis, In- 
 dulgentiis Apollolicis impetratis vel 
 impetrandis, conceffis vel conccden- 
 dis quibufcunque, &Beneficio appcl- 
 lationis, & rellitutionis in integr! m, 
 ac omni foro, ufui, praifcriptioni, & 
 juri revocandi donum, & omni auxi- 
 lio Juris Canonici & Civilis: per 
 quod, contra prsmiffa de jure vel de 
 fadlo venire pofietis, vel aliquod prs5' 
 
 mifforum. Ef omnia praemiffi jnratTs 
 ad landla Dei Evaigtlia icntie, fcF- 
 vnre, approbare, & in contraiium 
 non Viuire, indireSe, ptr vos vel 
 alium vel alios. Si vero ante fa- 
 tisfa6li')nem hujnfmodi vos contin- 
 gar mori, cede-e vel transfcrri, & il- 
 le vel illi qui ad rrgimcn ipfii's Ec- 
 cIcI]k vobis fubHitutus, fuli(lit"ti fu- 
 erint infra quatucr iTii.nfc«, poQ: fub- 
 fliturionem & di'lse Ecclcfis pofTcfll- 
 onem adeptam, de florenis & fervitifs 
 & rcco^nitis fatisfacere non curavcrit 
 feu cu.av tint, ex nvnc prout ex 
 tunc, eadim pcenas & feiirentias in 
 ci fdrm lUDlh'tu.os, & eorum quem- 
 libct infligunt & prnf(T"nt in his fcrip- 
 tis, proe-t (ii(StuiTieft(!*i narratum, auc- 
 toritite cliSorum Dominorum meo- 
 rum Ciidiiialium, & lallra proferi- 
 mus i;- his fcriptis, & vos, Domi- 
 num Fatriirchim, Archit-pifcopum, 
 Epifcopum, vel Elcft'-iT. volencem, 
 petentein, & requirtntcni, ad prK- 
 dida recitata condcmnamus. Et iii- 
 hildininns monemus vos fcnul, fe- 
 cundu, rertio, & Denmptorie, ac fub 
 excomniunica'ionis pcen.i, w piKdic- 
 ta adimpleatis, attendaci-, &ohferve- 
 tis : Alioquin excommm.ic tionis 
 fentcntiam in vos proferimus i,i his 
 fcriptis. Et\os, Domine Pariarcha, 
 Atchiepifcopc, Epifcope, vel Eleftc, 
 vultis, quod per nos Clericos, vel 
 Notarios Camera:, qui fuimus hic 
 pra:fentes, de prEmiflis omnibus, (5c 
 lingulis fiant unum vel.phira publica 
 inlkumenta. 
 
 COPI A
 
 489 
 
 COPIA LITTERARUM 
 
 REGIS SIGISMUNDI 
 
 Ad Bar ones Bohemia foventes memoriam Hns. 
 
 Anno 1 41 7. (8) 
 
 CTGISMUNDUS Romano- 
 *^ rum & Ungarix, &c. Rex, No- 
 bilibus Latikoni dc Crauvani, Capi- 
 taneo Marchionatiis, Botxkoni de 
 Cunlbc alias de Podiebrat, Czenkoni 
 de Wartenbcrg, & fingulis aKis Baro- 
 nibus, Militibus, Cliemibus ; per 
 Regnum Bohemix & Marchionatum 
 Moravia; ad banc partem colligatis fi- 
 delibiis nobis dileilis Gratiam regi- 
 am, & omne boiium. Nobiles fide- 
 les dilefti bene noftris mcmorialibus 
 infidet, qualiter ante tempora Reg- 
 num Bohemix & terra Moravix 
 guerris aggravatx fuerunt. Etiam vos 
 bene notatis quomodo circumcirca 
 vicini fupradiflis terris, non multum 
 boni favent, & fi fortailis aliqualis ip- 
 fis daretur occafio, libenter in ipfas 
 & in ipfos vice verfa manus emitte- 
 rent. Denique tideles dilediaudivi- 
 mus & quotidiana relatione audimus 
 (quod xdepol dolenter fcribimus) 
 quomodo vos Domini in Bohemia & 
 in Moravia diviliones facitis, partes 
 fovetis & difponitis ; nefcimus ta- 
 men quare, Et fortaflis li vicini cir- 
 cumfedentes benevellent, vos tamen 
 inter vofmet ipfos difponitis & cogi- 
 tatis illas terras guerris deftruere. 
 De quo fumme dolemus, quia intel- 
 ligimus, imo cognofcimus, in ja£lu- 
 ram & prxjudicium dignitatis Sere- 
 niffimi & charifTimi Fratris nodri ver- 
 gere. Verum antiquitus fie deduc- 
 tum eft, quod nullus Dominorum in 
 Regno prxter voluntatem Regiam 
 deberet aliquas ligas feu fcederatio- 
 nes inire neque facere. Sed ii unus 
 ad alterum aliqualem aftionem fe ha- 
 bere prxtenderet, hoc deberet coram 
 Regia Majeftate, & juris tramite, fed 
 Vol. II. 
 
 non guerris difcuti & difcerni. Si 
 vero hoc facitis propter Magiftrutn 
 Joanncm Hus (nam, ficut percipi- 
 mus, alii partem Hus fovetis, alii ve- 
 to non) fcire velitis ut cum Hus pri- 
 mo in Bohemia nominatus fuir, nof- 
 que intelleximus quod propter ipfum 
 partialitates incoeperunt tenere, fta- 
 tim (i?) vobis difplicuit quafi prxfci-(<j) !//«««, 
 vimus quod exinde error multus fe- nobis, 
 queretur, & quod non facile deduce- 
 retur ad bonum finem. Et Sacrum 
 Concilium in Conftantia inchoatum 
 fuit, & nos prxfenfimus quod Hus 
 ibi etiam vellet interelTe, fuimus plu- 
 rimum gavifi, & fperabamus quod 
 propter ipfius adventum quodque de 
 omnibus his in quibus incufitus fue- 
 rat expurgate fe deberet,& quod prop- 
 terea omnes fcrupuli in Bohemia cef- 
 fare debuiffent. Interea nobis adhuc 
 in tpartibus Rheni exiftentibus, per- 
 venit ad Conlbntiam, & ibi fuit ar- 
 reftatus, ficut de his jam fufficienter 
 eftis informati. 
 
 Verltm li priiis ad noftram Celfi- 
 tudinem applicuiifet nobifcunque ad 
 Conftantiana proceffiffct, fortaflis ne- 
 gotia fua alium habuiflent progrelfum. 
 Et Deus novit quod tanto dolore fui- 
 mus attriti propter cafum fuum,quod 
 etiam verbo bene exprimi non poteft. 
 Sed etiam omnes Bohemi qui nunc 
 temporis nobis aderant bcnc.perpen- 
 derunt quomodo noftram folicitudi- 
 nem pro ipfo interpofuimus quod 
 pluries furore permoti de Conciiio 
 exivimus : Immo veriiis iplius parte 
 de Coii'lautia receffimus : Qaoufque 
 nobis intimaverunt dicentes. Si no- 
 luerimus admittcre quod juftitia pro- 
 fequatur in Conciiio quidtuuc in io- 
 
 Qqq , CQ .
 
 490 
 
 Slgifmundt EpiJloUj &c. 
 
 CO facere debeant ? Sic cogitwimus 
 quod ill hac parte jam nihil facere 
 poteramus. Neque etiam licuit no- 
 bis ultcrius pro hoc negotio loqui, 
 quia exinde Concilium totaliter fuif- 
 fet diiTokuum. Eiiam ibiin Conftan- 
 tia non funt dumtaxat unus vel duo 
 Clerici, veriim funt & erant tota de 
 Chriftianitate Regum, Principum 
 Anibaffiatores, prscfertim ex quo jam 
 Reges & Principes Petri de Luna o- 
 bedientes nobifcum uniti funt, tunc 
 omnino nihil aliud tenemus, nili quod 
 hoc Sacrum Concilium bono & redo 
 ordine procedir, & gubernatur. Ec 
 fi velletis ita leriofe & rigide partem 
 Hus fovere & defendere, hoc effet 
 vobis nimis diflticile quod deberctis 
 vos totius Chriftianitatis Congrega- 
 tion! opponere. Et ficut audivimus, 
 tunc jam taliter incepirtis, cum def- 
 tinatione cujufdam Literse ad Conci- 
 lium, multis pendentibus figillis fi- 
 gillatE, confundentes &. calumnian- 
 tes Concilium propter Hus fupra dic- 
 tum, quodque Concilium contra vos 
 taliter provocatis, quod ellis jam de 
 fa6to citati pro oppoiuione fupra dic- 
 ta. Et fortafle rigore juris contra vos 
 procedetur. Et li non obtemperatis 
 ficut obedientes filii, ctiam fortaflls & 
 Crucem contra vos obtinerepoteritis. 
 Ex quibus prxmilfis majora difcri- 
 mina & fcandala fequi poiTent & ori- 
 ri. De quo cordialiter doleremus. 
 Etfj nunc ad tollenduni hoc, liben- 
 ter vellemus partes noflras interpo- 
 nere, timemus ne fcrtaffis veniremus 
 nimis tarde. Ideo aft'eduofe a vobis 
 omnibus, & a veftro qaodlibet defi- 
 deramus, rogantes quatenus confide- 
 retis quilibet fub confcientia, & ho- 
 norc, utrum hoc Ik congruuni& ho- 
 neftum, quod propter prxmill'i inter 
 vos dcbeatis difpoaere, quodque prop- 
 ter hoc Regna & Terrx periculis & 
 devatlationibus debeant fubjici, &de- 
 fiihtis a.talibus ligis & confpirati- 
 onibus. Nam valde indignum arbi- 
 
 tramur (ficut prsemittitur) qiiod ali- 
 quis cum aliquo praeter fui Domini 
 voluntatem quoquo modo ligas ini- 
 re & difponere debeatis. Ex quibus 
 quidem ligis partialitates oriuntur, de- 
 AruSiones & devafiationes terrarum 
 pod fe trahentes. Et unufquifque vef- 
 triim in fupradido Fratre noliro cha- 
 riffimo Domino fuo, & injure flat- 
 ter ad alteram aliquam a£tionem ha- 
 bere pratenderet, contentetur. Prx- 
 terea fi ilia caufa propter divifionem 
 fupra di6bm elfet ita grandis & ar- 
 dua, quod noftra ad hoc interpofitio 
 e/Tet inopportuna, fciatis quod onus 
 hujufmodi laboris gratanter volumus 
 aflumere, & caufam vefirx divilionis 
 ex utraquc parte libenter examinare s 
 Et fperamus quod inter vos bonum 
 medium tangeremus. Et quod ex 
 tali medio vos & terrx fupra diStis 
 permanebitis in bona pace. Denique 
 de (btu Clericorum, fcimus quali- 
 ter tempore nofirorum Pia:deceiro- 
 rum tentum fuerit. Quorum vefiij^iis 
 (volente Domino) etiam nos inhscre- 
 re volumus, & Ecclefige Sanftae Dei 
 adhxrere, non advertentes quafcunq; 
 novas adinventiones. Et de Fratre 
 noftro chariffimo fimiliter prasfami- 
 mus, quod etiam Ecclefix Dei Sanc- 
 tx adhxrcbit. Tuncq; Clerici inter fe- 
 metipfos fecorrigentes, prout fciunt, . 
 habent ipforum Superiores ad quos 
 talis correQio pertinere dignofcitur. 
 Etiam habent Scripturam ficr^m prs 
 oculis, cujus interpretationi ipforum 
 ell intenderc, nobifque fimplicibus 
 non licet, prout neque polTumus, 
 Scripture Sacrx profunditatem invef- 
 tigare. Et confidiraus de vobis quod 
 nobis in hac parte nttendetis quiacon- 
 fideratis fingulisaliad fentirenon poP- 
 fundus, nifi quod hoc Frarri noliro 
 ciiariflnrio fupradiSo, & vobis ad uti- 
 litatem & honorcm, ac terris fupra- 
 didis ad pacem &tranquilitatem gra- 
 tam & jucundam nobifque defidera- 
 tiflimam valde cedet. 
 
 2- Que J
 
 ( 491 ) 
 
 ^10 d non ohjlantibus Salvis-conduEt'ibns Imperatorunij Re- 
 gtintj ^c. pojjlt per Judicem competent em de haretica 
 pravitate inquiri. V. d. Hardt, T. IV. p. 521. (9) 
 
 pRiESENS lanaa Synodus ex 
 
 , quovis Salvo-condiidla per Impe- 
 ratorem, Reges, & alios feculi Prin- 
 cipes hiEteticis, vel de hxrefidift'ama- 
 tis, putaiites eofdemfic a fuis errori- 
 bus revocare, quociinque vinculo fe 
 adrtrinxerinr, concefTo, nullum lidei 
 Catholicc2 vel jurifdidioni Eccleliaf- 
 ticje prxjudicium generari, vel impe- 
 dimentum prxllari pofle feu deberc, 
 decLirac, quo minus Salvo diflocon- 
 du6lu non obftante, liceat Judici com- 
 petent! Ecckfiallico de ejufmodiper- 
 fonarum erroribus inquircre, & alias 
 contra eas debice procedere, eal'dem- 
 que punire, quantum juftitia fuade- 
 
 bit, ^\ fuos pcrtiuaciter recufavcrint 
 revocare errores, etiamfi de Salvo- 
 condudu confili ad locum venerint 
 judicii, alias non venturi (in LipC 
 & Goth, addituni; nee fie promit- 
 tentem, cum alias feccric, quod in 
 ipfo efl, ex hoc in aliquo remanfilTe 
 obligatum.) 
 
 Q_ro Statuto, five ordinationelec- 
 tis, idem Statutum fuit approbatum 
 per didos Dominos Epifcopos nomi- 
 ne quatuor Nationum, acReverendif- 
 fimum Patrem Dominum Cardinalem 
 Vivaricnfcm nomine Collegii Cardi- 
 nalium, per vcrbum Placet. 
 
 T>e Salvo.condunu HVSSONIS. 
 Ibid, ex MS. Vindob. Dorr. 
 
 (ro) 
 
 CACROSANCTA.&c. Quia 
 nonnulli nimis intelligentes, aut 
 finirtrjE intentionis, vel tbrlan folen- 
 tes (apere plus qu.im oportet, ne- 
 dum Regis Majellati, fed etiam fa- 
 cto, ut fcrtur, Concilio, linguis 
 malcdidisdetrahunt publico &occul- 
 te dicentes, vel innuentes, quod Sal- 
 vus-coridu£lusper invitliffimum Prin- 
 cipem Dominum Sigilmundum Ro- 
 manorum & Ungaria:, &c. Regcm, 
 quondam Johanni Hus, Harefiarcha; 
 damnatx memoria; datus, fuit contra 
 julliciam aut honellatem indebitevio- 
 'latus : Cum tamen diftus Johannes 
 Hus (idem orthodoxam pertinacirer 
 impugnuns fe ab omni condu6tu & 
 privilegio rcddiderit alicnum, nee a- 
 liqua fibi fides aut promiirio, dejure 
 naturali, divino, vel humano, fucrit 
 
 ill prsEJudiciumCatholic£Efidei obfer- 
 vanda :. Idcirco di6la Sanda Synodus 
 praifenrium tenore declarat : didum 
 Invidliffimum Principem circa prx- 
 diSum quondctm Johannem Hus, non 
 obftante memorato Salvo-condue- 
 tu, ex juris debito fecifle quod licuir, 
 & quod decuit Regiam Majelbtcm ; 
 ftatuens & ordiuans omnibus & lingu- 
 lis Chrilli ridclibus, cujufcunque dig- 
 nitatis, gradus, prccemincntis:, coiidi- 
 tionis, 11a tus , aut fcxus exirtant, 
 quod nullus dcinceps Sacro Concilio 
 aut Regis; Majellati de geftis circa 
 pra^didum quondam Johannem Hus 
 detrahat, live quomodolibet obloqua- 
 tur. Qui veto coutrarium fccerir, 
 tamquam fautor hxritica: pravitatis & 
 reus criniinis IxfajMajellatis irrcniit- 
 libiliter puniatur. 
 
 Qqq z 
 
 A FerU
 
 (492 ) 
 
 qA Verbal Tranjlation of the foregoing Pieces might 
 
 be thought too tedious,, the rather becaufe fome of them 
 have been explauPd in the Hijlory y and for this Rea/on 
 perhaps our Reverend Author omitted to give any ; but 
 the Tranflator humbly conceives^ that it may be neceffary to 
 explain fuch of them in Englifh as have not already been 
 accounted for in fome part or other of the Hijiory. 
 
 (i)rTpHIS is a Conftitntion of Pope Clement VI. concerning 
 I the Method and FormaUty to be oblerv'd in furnifhing 
 Provifion to the Cardinals while they are in the Conclave, and is 
 dated at Avignon, the Xlllth of the Ides of December, in the Xth 
 Year of his Pontificate. It has been already explain'd in Art. 
 LXXXVIII. of Book V. Seffion 41. 
 
 (3) Thefe were Articles to be fworn by the Eleftors of the Pope, 
 and by the Keepers of the Conclave, at the Council of Conjlartce^ 
 and they are mention'd in the above Article. 
 
 (:;) Thefe were the Orders and Regulations in Chancery, enjoin 'd 
 by Pope Martin V. to be obferv'd during his Time only. They were 
 drawn up in the Council, and there publifh'd the 26th of February y 
 1418, by Order of John, Bilhop of Ofiia^ Vice -Chancel lor of the 
 Holy Roman Church, and Cardinal de Fi-viers. The Refervations 
 hereby made were of the like Nature with thole of his Predeceflbrs. 
 It contains the general Reiervations for that Pope's Domefticks, and 
 thofe of his Cardinals, together with the Refervations of the Churches 
 of the City of Rome ;, but excludes his Legates from the Difpolal 
 of thofe Papal Refervations. It revokes all Unions by whatfoever 
 Authority made, which had not yet taken Fffefl:. It contains the 
 Chancery Rules of the Popes his Predeceflbrs, with Ibme few Ex- 
 ceptions, particularly with relpeft to the Gratiie ExpeSfatiVie, or Pa- 
 tents of Reverfions. It gives the Preference to the fittelt Perlbns 
 in the Collation to iacred Benefices, and fettles the Tax on fuch Be- 
 nefices to be conferr'd in Italy, France and Spain, Germany, Scot- 
 land, Ireland and England. It guards againfl: putting Subftitutes in- 
 to promised Benefices. It orders, that a Petitioner for feveral Bene- 
 fices at a time, iluill have only one \ and that if fSveral Ferfbns fbl- 
 licit for Reverfions in one and the fame Petition, the firft Petitioner 
 only fhall be collated, and the others fliali be difregarded. The 
 
 Prebends
 
 C 495 ) 
 
 prebends of certain Churches of France are not to be granted in Re- 
 verfion to any, except to Mafters of Arts, and Doftors of Divinity 
 or PhyficJc, the Brothers, Nephews, and Coufins-german of the Cardi- 
 nals, and to the Mafters and Officials of the Apoftolical See. It men- 
 tions what Benefices are compatible, and by whom they may be 
 held •, and afcertains the Degree of Pluralities, in fuch manner, that 
 whoever enjoys five or more Benefices, and fiies for a Reverfion to 
 others, ihall give up the like Number of what he holds, for what he 
 obtains, excepting the Prothonotaries, the Corredor of the Apoftoli- 
 cal Letters, the Auditors and Secretaries of the lacred Apoftolical Pa- 
 lace, the Vice-Chancellor or his Lieutenant, ^c. as therein mention'd. 
 It orders the Value of the Benefices to be expreft'd in the Petition. 
 It fettles the Diftribution of the vacant Holy Offices among the Peti- 
 tioners \ and obliges fuch as are collated to Offices, to refide upon 
 the fpot. It regulates the Method of obtaining the Pope's Difpen- 
 lations, in the Holy Offices, and Benefices, and (acred Orders ; and 
 enjoyns, that none ihall be granted to any one whatlbever, to fucceed 
 his Father immediately in Benefices, or to obtain Benefices in 
 the Churches where his faid Father is benefic'd. His Indulgences 
 thereafter to be granted, were to laft but ten Years, and thofe grant- 
 ed under the Seals of the Cardinals, or any other, are invalidated. 
 The Civil Minifters of Princes, on whom the Pope Ihall confer any 
 Benefices in the Church, are to be real Officers, and not Titulars. 
 There's a Claufe for reftri£ling the Benefices of Cardinals ^ another 
 for fettling the Manner of taking PolTeffion of a Benefice, and pub- 
 lifliing it. Here the Reader fees the Wickednefs that prevail'd in 
 the Church, after the Schifm was fiipprefs'd ; the Ambition of the 
 ancient Clergy, and their Art of Ihaking off the Government of 
 their Superiors ; with an Account of the Chaplain and Chaplainihip 
 of the Apoftolical See. The other Claules are concerning the Dil^ 
 patch of the Apoftolical Letters, Reverfions upon Holpitals, Infir- 
 maries, ^c. Refignation of B(.nefices, anji Refignafion on a Death- 
 bed, as to which there is a Caution to keep a pure Conlcience 
 without Guile and Ambition. There's a Claufe concerning the U- 
 nions and Incorporations of Churches, with a Rule not to confound 
 the Ecclefiaftick and Civil Courts, and an Order that no Qiiarrels with 
 the Cardinals, and Minifters of the Court of Rome^ ihall be accom- 
 modated but in that Court ^ that no Auditors of that Court fliould 
 be fufpended or excoinmunicated upon any Account v/hatfoever^ by 
 any Judge Ordinary, or Judge Delegate, unlefs by the Chamberlain. 
 That no Notaries of the Court of Caufes, or of the Apoftolical 
 Chamber, Ihall be admitted, unlefs they are found qualified after 
 ftria Examination by the Vice-Chancellor or his CommilTary, and 
 aniv'd to-23 Years of Age. That all fuch Notaries ihall aft tJiem- 
 
 felvea
 
 ( 494 ) 
 
 felves, or elfe forfeit their Offices, and never more be admitted by 
 their Auditors •, and that no Notary ihall prattile in both Courts ac 
 one time. This Piece conckides with a new Conftitntion of AfardnV. 
 concerning incompatible Benefices, dated the i ith o^ December, 1417, 
 at Conftance. To which is added a Claufe concerning the Plnrahty 
 of Benefices. 
 
 (4) Concord AT ES between the German Nation and Pope Afar- 
 tin V. with refpeft to the Amendment of the Ecclefiaftical Govern- 
 ment, as it was drawn np in the Council of Conftance, Anno 141?. 
 
 Here is a Preface of Cardinal de Fivlers, which ihews that this 
 Concordate was brought into Chancery, the Mth of April. It con- 
 tains XI Chapters. CHAP. I. Treats of the Number, Quality, and 
 Creation of the Cardinals. It directs, that they be cholen equally 
 out of all Nations. That the Number may not exceed XXIV", un- 
 lels, for the Honour of thole Nations who have no Cardinals, one 
 or two more may be added with the Confent of the other Cardi- 
 nals. That they be Men of Learning, Wifdom, and Experience, and 
 Doftors of Divinity, or of the Canon, or Civil Law i except a few 
 of Noble Families, in whom a little Stock of Learning fliall fuffice. 
 That they be not the Brothers, or Nephews, of any Cardinal liv- 
 ing } nor deform'd in Body, nor ftain'd in their Reputation \ and 
 that the Election of the Cardinals be not made by auricular Fates 
 only, but alfo by the Advice of the Cardinals in their College ^ which 
 Method fliall alio be oblerv'd in the advancing of any of the Car- 
 dinals to Bifliopricks. 
 
 CHAP. II. Of the Collation to Churches, Monafteries, Priories, 
 Dignities, and other Benefices. In Monafteries, which were not imme- 
 diately lubjefl: to the Holy See •, and alio in other Regular Benefices, 
 for the Confirmation of, or Collation to which, Recourle was not 
 ufually had to the Court of Rome, thofe who were chofe or pre- 
 fer'd to them, were not obliged to repair to the laid Court for 
 Confirmation or Prefentation i nor cou'd fuch regular Benefices fill 
 
 in Revcrfion Parochial Churches which were reckon'd to have 
 
 two Thoufand or more Communicants, were not to be conferr'd by 
 Apoftolical, or any other Authority, on any but Doftors or Licenti- 
 tiates in Divinity, or the Canon or Civil Law, or Bachelors of Divi- 
 nity. Provided that fuch Graduate be found within a Month from 
 the Time of the Vacancy, who will be willing to accept the lame, 
 either by himfelf or Proxy. 
 
 CHAP. III. Of the Annates or Firft Fruits. If any of the 
 Churches or Convents of Friers in Germany., were over-rated, they 
 were to be afiTefs'd over again with Juftice and Moderation, by Com- 
 niilTioners for that Purpoiej one Moiety was to be paid vvitjiin tiie 
 
 firft
 
 ( 495 ) 
 
 firff Year after the Day of Pofleffion, and the other Moiety within 
 the Year following. And if a Vacancy happen'd more than once in 
 one Year, the Annates were only to be paid once \ nor was the Suc- 
 ceifor to any Church or iMonaftery to be anfwerable for fuch Dcbcj 
 but nothing was to be paid out of Jienefices not exceeding the Va- 
 lue of 24 Florens of the Chamber. See Book VI. of this Vol. 
 Art. XXIX. 
 
 CHAP. IV. Of what Caufes were to be try'd in the Court of 
 Rome. See Book VI. Art. XXX. 
 
 CHAP. V. Of Commmdams. See Book VI. Art. XXXII. of this 
 VoUime. 
 
 CHAP. VI. Of Simony. This Article has already been aci 
 counted for, in the fecond Volume of this Hiftory Book VI. Art. 
 XLVII. 
 
 CHAP. VII. Of not avoiding Perfons excommunicated before 
 they were fb declar'd and denounc'd by the Judge. This Article ahb ■ 
 is accounted for as above. 
 
 CHAP. VIII. Of Difpenfationsj on Account of Age. This 
 Chapter is explain'd in the fame Vol. Art. XXXVI. 
 
 CHAP. IX. Of the Provifion for the Pope and Cardinals. See 
 Art. XXXVIII. 
 
 CHAP. X. Of Indulgences. This Chapter is explain'd in Art. 
 XXXIX. 
 
 CHAP. XI. Of the Validity of thefe Concordates, between 
 Pope Martin V. and the Germnn Nation. 
 
 (5) Concordates between [Pope Martin V. and the French 
 Nation. 
 
 This is a Copy of certain Conflitutions, made in the general Coun- 
 cil of Conjiancej and laid before the Court of Parliament of Paris^ 
 by Martin, Bifhop of Arras, on the loth o{ June, 1418; but re- 
 jefted by the faid Court. And therefore it may be needlefs to fay 
 any more of them, the rather becaufe they are much the fame with 
 the former Concordates, between the Pope and the Gfr»;^« Nation. 
 There are added certain Prerogatives granted by this Pope to the 
 Univerfity of Paris, in the Obtaining of Benefices. 
 
 (6) These are the Concordates between the Englifi Nation, and 
 Pope Martin V. with Relation to the Amendment of thz fuprcme 
 Ecclcfiaflical Government, as they were drawn up and publiih'd in the 
 Council of Conjlance tovja.tds the Conclufion of it, Anno 141 8. taken 
 from a very ancient Englip Manufcript in the Library of the Uni- 
 verlity of Cambridge, 
 
 Here
 
 ( A96 ) 
 
 Here is a Preface by the Cardinal de Fhiers, Vice-chancellor, 
 much like that which he made to this Pope's Concordates with the 
 German Nation-, whereby it appears, that this Inftrumenc was regi- 
 fter'd in the Chancery Records of the Church of Rome, on the i th 
 of 'July, 141S. and from thence faithfully tranlcribM at the Inftance 
 of Robert de Neville, a Canon of the Church of Tork, and Rec- 
 tor of the Parifh Church of Spofoord, and to him exhibited 
 under the Seal of the Vice-chancellor. 
 
 These Concordates confift of fix Chapters, which are all explain'd 
 in the XLVIIth Article of the Vlth Book of this Volume. 
 
 (7) The Form of the Obligation which is kept in the Apofloli- 
 cal Chamber. 'Tis fufficiently explain'd in this Volume, Book V« 
 at the End of Art. LXXXVI. 
 
 (S) This Piece is a Copy of a Letter of King Sigifmond, Anno 
 141 7, to the Nobility of Bohemia, who ador'd the Memory of John 
 Hus, which deierves to be tranflated at length. 
 
 SIGISMOND, King of the Romans and of Hungary, 13 c to 
 our trufty and well -beloved the Noble Latzkon de Crauvarn, Cap- 
 tain of the Marquifate, Botzkon de Cunflat, alias Podiebrat, Czenkon de 
 Wartenberg; and to all the other Barons, Knights, and ValTals in Con- 
 federacy thro' the Kingdom of Bohemia and Marquifate of Moravia^ 
 Royal Grace, and all Happinefs. Trufty and well-beloved Nobles, 
 'tis very apparent from our Records, how much the Kingdom of 
 Bohemia, and County of Moravia have been harafs'd with Wars in 
 ancient Times, and yourfelves well know that the Neighbours round 
 about wiih not much Good to the faid Countries ; and that if a favour- 
 able Opportunity offer'd, perhaps, you are ready to cut one another's 
 Throats. In a word, Trufty and well-beloved, we have heard here- 
 tofore, and have now daily Accounts (which we are truly forry to 
 mention) how you the Nobles of Bohemia and Moravia^ make Di- 
 vifions, and foment Parties and Cabals, for what realbn we know not, 
 and perhaps, if the Neighbours around are well dilpos'd, you cabal 
 together, and think todeftroy thofe Countries with Wars: For which 
 we are extreamly forry, becaufe we are apprehenfive, nay, very cer- 
 tain, that it tends to the Lofs and Prejudice of the Dignity of our 
 moft ferene and dear Brother. But ancient Tradition Ihews, that no 
 Lord in the Kingdom, without the King's Confent, ought to enter 
 into, or make any Leagues or Confederacies. For if any one Man 
 fhou'd have Caufe of Aftion againft another, the Matter ought to 
 be difcufs'd and decided before the King's Majefty, and by due Courfe 
 of Law, and not by Force of Arms. But if you do ,this for the 
 fake of Mailer John Has (for as we apprehend, feme of you take 
 
 the
 
 ( 497 ) 
 
 the Part of ////j, and others not) I wou'd have you to know thae 
 when Htis was tirfl: talk'd of in Bohemia^ and we iinderflood that 
 Parties began to be form'd upon his Account, it difpleafed us as 
 loon as we knew it, becaulc we forefiivv it wou'd be the Occafion of 
 much Error, and that it wou d be difficult to make a good End of 
 it. But when the facred Council was open'd at Conftcnce^ and we had 
 notice that Hus was willing to repair to it, we greatly rejoyc'd, and 
 hop'd that his Arrival would give him an Opportunity to purge him- 
 lelf of all. Matters which had been laid to his Charge, and that conle- 
 quently all Scruples in Bohemia wou'd have been over. In the mean 
 time, as we were about the Banks of the Rhine, he went to Con- 
 fiance, and was there arretted as is not to you unknown. 
 
 Whereas if he had firft apply'd to us, and gone with us to 
 Conftance\ perhaps his Affairs wou'd have taken another Turn. And 
 God knows, it was iiich a Grief and Sorrow to our Hearts, to lee 
 what his Fate was, that no V^'ords can fufficicntly exprefs it. But 
 all the Bohemians, who were then prefent with us, were fenfible that 
 we were lb Ibllicitous in his Favour that we many times went out 
 of the Council in a Rage ; nay, for his fake we went out of the City 
 of Conflance\ till fuch time that it was intimated to us from the Coun- 
 cil, I'hat if -ive refused to let Juflice take Place in the Council, -what- 
 Bujinefs had they there ? Whereupon, thus we thought with ourleives, 
 that we cou'd do nothing more in this Relpe£l ; nor indeed was it 
 lawful for us to fpeak any more in this Affair, becaufe the Conle- 
 quence wou'd have been the total Diflblution of the Council. It 
 is aUo to be noted, that in Con/lance there are not only one or 
 two Clergymen, but there are and were Ambal'fadors from all the 
 Kings and Princes of Chriflendom^ elpecially llnce the Time that 
 the Kings and Princes of Peter de Lund's Obedience came over to 
 us ; lb that now we lee nothing lb cffcftual as that this Sacred Council 
 Ihould proceed in good Order and under due Government. And if 
 ye fliou'd perfift h carneftly and ftridly to favour and defend the 
 Caufe of Hus, ye wou'd find it too hard a Matter, becauic yc wou'd 
 have all Chrijiendom united to oppofe you. And we have heard, ye 
 have gone fo far already, by the addrefflng of a certain Letter 
 to the Council, feal'd with many Seals, diffurblng and reviling the 
 Councillor the lake of Hus above mention 'd, and that ye have io pro- 
 vok'd the Council againfl; you, that ye are aftually cited for liicli 
 Oppofition : And perhaps they will proceed againft youj^with the Ri- 
 gor of the Law, and may even obtain a Croifade againft you, if you 
 do not obey as dutiful Children. 
 
 From which Premifes greater Differences and Scandals may arile 
 and enfue, for which we Ihou'd be heartily lorry. And tho' we are 
 now very willing to ule our Intereft to remove the Caufe, we fear. 
 
 Vol. II. Rr r left
 
 ( 498 ) 
 
 left we fliou'd perhaps come too late. Therefore we affe£lionateIy 
 deiire of all and every one of you, that you would every one con- 
 fiJer in Confcience and Honour, whether 'cis agreeable and honoura- 
 ble that ye Ihou'd fplit into Fadions by reafon of the Premifes, 
 and that for this realbn whole Kingdoms and Countries Should be 
 expofcd to Danger and Devaftationj and that ye wou'd detlft from 
 llich Leagues and Confpiracies. For we think it very indecent (as 
 is premis'd) that any of you fhould by any means enter into Leagues 
 or Cabals with another, without the Conlent of his Soveraign ; for 
 from llich Leagues arife Parties which bring Deftrudlion and Devafta- 
 tion of Countries at their Heels, And may every one of you, who 
 has any Attion againft another, reft Hitisfy'd in his faid Lord our moft 
 dear Brother and in the Law. Moreover, if by realbn of the Divilion 
 above mention'd the Caufe fhou'd be lb great and difficult that our 
 Interpofition Ihould be unleafonable ; know ye, that we are ready to 
 take the Burden of it upon ourfelves, and enquire into the Caufe of 
 your DIviiion on both fides. And we hope that we fliall find ouc 
 fo good a Medium to reconcile you, that you and the Countries 
 abovemention'd will remain in a happy Peace. Finally, as to the State 
 of the Clergy, we know what Attempts were made in the Time of 
 our Predecelfors, in whofe Footfteps (God willing) we are alfo defirous 
 to tread, and adhere to God's Holy Church, without Regard to any 
 new Inventions •, and we likewife prefume, that our moft dear Brother 
 will alfo adhere to the Holy Church of God. And then the Clergy 
 will correal one another, foralinuch as they know they have their Supe- 
 riors, to whom fuch Correction is known to appertain. They have 
 alio before their Fyes the Holy Scriptures, which it is their Bufi- 
 nefs to interpret, and which it is not lawful for us private Men to 
 attempt, any more than 'tis poflible for us to learch the Depths of 
 the facred Scriptures. And we confide in you that you will give 
 Attention to us in this Matter, becaule all things confider'd, we 
 cannot but be of Opinion that this will redound very much to the 
 Profit and Honour of our laid moft dear Brother and yourlelves, 
 and to that grateful and plealant Peace and Tranquillity of the Coun- 
 tries above mention'd, which we defire above all Things elfe. 
 
 (9) This Piece is explain'd in the firft Volume of our Hiftory, 
 Lib. IV. Art. XXXII. 
 
 (10) This too is explain'd in the Article aforefaid. 
 
 Aa
 
 An Hiftorical and Apologetical D i s s e r T a t i o n 
 
 FOR 
 
 John Gerfon, and for the Council of Constance, 
 
 Againft Fatlier T)efirant and Father Tctitdidier. 
 
 H E Work compos'd by Father Dtftrant^ of which 
 I made mention in the Preface to this new Edi- 
 tion , is entituled , Piota Advice not to foUotu 
 tboft that are in Error .^ but thofe luho reform thcm- 
 felves according to the Recantations, i . Of PhiUp IV, 
 King of France, or of his Minijiers, in the Proceed- 
 ings againft Pope Boniface VIII. 2. Of John Char- 
 lier Gerlbn, touching his Imjovations, addrefs'd to the Appellants to the 
 nest Gener.l Council. Printed at Rome MdcCXx, by the Printer to 
 the Vatican (1). 
 
 This 
 
 (OConfilium Pietatis de non (equendis feu Miniftrorum ejus, circa gefta contra 
 Errantibus fed corr'geiitibus juxca Kcirac- Papam Bonifaciuni VIII. 2. Johannis 
 tationes, i. Phil ippi IV. Galliaium Regis Charlier Geilbiiii, circa fuas rovitates ad 
 
 R r t s appcl-
 
 500 Dissertation Hist, and A p o l o g . 
 
 This Work is dedicated to Clement XI, and wants no FormRlity 
 to render it authcntick. The Ccnfors of Rome have not only licens'd 
 but extoll'd it. Dom. Balthazar de S. Philip de Neri, 
 ProfelTor of Divinity, Reader of the Sacred Dilputations in the Col- 
 lege for propagating the Faith, Cenfor of the I'heological Academy 
 at Rome-, and Qualificator of the See of Rome and the Catholick In- 
 qiiifition (i). This Prelate was in a Rhapfody at the Reading of (;) 
 it, and not only found no Fault with it, but has prailed it to the 
 Skies (5). Joachim de S. Anne, Procurator General of the Re- 
 ligious Schools, has alio given a pompous Charafler of it, and 
 ic was printed by Order of Gregory Seller a Dominican Frier, and 
 Mafler of the Sacred Jpoflolical Palace. Therefore both the Author 
 and his Compofition are of \A'eight, and by conlequence deferve fpe- 
 cial Attention. 
 
 II. In the Title mention is only made of the pretended Recan- 
 tations of Philip the Fair and Gerfon, but in the Plan of the Work 
 (<«■) Page 7 exhibited in the Preface (^), there are four others mention'd, the 
 ajid 8. flrft of which is the Recantation ivhich was made by the firjl Obedience 
 
 of the Council of Gonftance, of what -was tranfa&ed in the thirteen firjl 
 Sefftons. As the Dilputes between Philip the Fair and Boniface VIII. 
 have nothing to do with the Council of Conftance, I fhall not infifi: 
 upon them, but leave it to the Appealing Bilhops to demonftrate, 
 that it does not appear from Hiftory, that Philip the Fair, or his 
 Minifters, ever revok'd their Appeal to a General Council ^ and 
 that- the contrary feems evident from Father Defranfs- Book itielf, 
 Jincc, according to him, the Appeal was ftill fubfifting after the Death 
 of Boniface VIII. His Succeflbr BcnediSl XL took off the King's 
 Fxcommunication, before he demanded it, without requiring any 
 Recantation.. After that, Clement V. confirm'd Philip's Abfolution, 
 leaving the Caufe of Boniface in Sulpence, till the General Council of 
 Fienne, in 151 1, which rever.fed every thing that Boniface had done. 
 My Voucher for this Fail: is Simon Figor, a Counfellor of the King's 
 Grand Council, in ir^ij. ' Germany , lays he, was not the only Na- 
 
 appellantes ad futurum Concilium Gene- Fide facrarum Controverfiaium Lcftor, 
 
 rale ; per P. M. F. Bernardum Defirant Romana; Academiae Theologies: Cenfor ; 
 
 Qrd. Evem S. P. Auguftini S. Th. Doflo- ac S. K & Univerfitatis Inquifitionis Qiia- 
 
 lem, &c. Tomus primus Mdcc XX. A- lificaror. 
 
 pud Joh. Mariam Solvioni Typographum (2) Immodica cordis mei lactitii perlegi. 
 
 Vaticanum in Aichigymnafio Sapientise, (5) In quo Opere cum nihil reperetim 
 
 Superioium Facukate. fpongia dignum, nihil nigro theta notan- 
 
 (i) D. Balthazar a S. Philippo dum, fed omnia &{idei&moribusapprime 
 
 Nerio Congregationis Reformats Mo- confnna, hinc exiftimo Librum hunc pofle 
 
 nachorum S. Bernard Ordinis Ciftcic. Ab- publici juris fieri. Romas ex Coenobio S. 
 
 bas Ex-generalis; Sac. Theologis Profef- Pudentianje hac die 1 8 Januarii 1720. 
 
 for, in Coilegio Urbano dc propaganda 
 
 tion
 
 for Gerson and the Council of Constance. 501 
 
 tion that felt the Effects of the Hatred of Pope Gregory VII. a- 
 gainft the Emperor, the fole Caufe of the Incroachnients upon the 
 Temporalities of the Empire \ but France too felt the Effects of 
 the Relcntmenc of Boniface W\\\. againft Philip the Fair, whom he 
 (trove to reduce to the lame Condition to which Gregory had re- 
 ckic'd Henry IV. For in the firfl: place, he prefum'd upon the Au- 
 thority to forbid him to raile any Tax upon the Clergy, which the 
 Kings might, and had been accuftom'd to raile in their moft im- 
 portant and urgent Affairs, of which they are the fole Judges, and 
 not the Clergy, to whom, were it not fb, there would be a Necef- 
 fity of communicating the Secrets of State. This was the very 
 Praftlce of the Romans, who made the Clergy contribute to the ' 
 Necemcies of the Publick, tho' they were exempted in Times of 
 Peace. This Decree of Boniface is in the Body of the I, aw, and 
 nevertbekfs it was re'vok^d by the Bulls of the faid Boniface, dated the 
 third of the Calends of Augufl, in the third Year of his Pontificate, 
 according to the Report o'i Feraldus {cC) ; tho' "tis well known, that all (<i) Lih. <fe 
 the Decretals of the laid Revocation inferred in the Canon Law are yurih.&'Vn^ 
 not infallible. Secondly, He cndeavour'd to abolilh the Collation of *''• •^^^ -?'"'- 
 Prebends, vacant in the Regale, which is a Prerogative of the Crown 
 that our Kings have been in PolTeflTon of, Time out of Mind. 
 Thirdly, Having cali'd a Council of Cardinals, juft as if he was ab- 
 Iblute Lord and Mafter of Mankind, both in Spirituals and Tempo- 
 rals, he ftnt Word to the King that he was ablblutely fiibjcft to 
 him, both in Spirituals and Temporals, and that they who held 
 the contrary rauft be deem'd as Hereticks. In the fourth ^ 
 Place, he excommunicated, the King, and deprlv'd him of his King- 
 dom, expofing him to the Mercy of the Emperor Albert. Einallyj 
 to hinder the calling of his Ullirpations in queftion, he drew up - 
 the Extravagante in Difpute ^ a Piece indeed, which is very extra- 
 vagant, and contrary to the Laws of God and Man, whereby he pre- 
 tended to prove, by an infolent Abufe of the Scripture, that all 
 Kingdoms depend on the Papal See, and that th''s is an Article of '■ 
 
 Faith necellary to Salvation. Now i? Boniface, afllftedby his Coun- 
 cil, is a fuffic'int and infallible Judge, thus to afcertain the De- 
 pendency of Crowns % and if it be Hercfy co believe otherwife, I- 
 know not what thofe Gentlemen, the Clergy, will fay, who main-- 
 tain'd before the States of Paris, to the Prejudice of thi' Novel 
 Article of Faith, that the Crown of France depends only upon 
 God^ and that tis a Problematical Qiieftion, viz. VVheLhcr the- 
 King can commit a Crime, for which lie may be depos'd from Jiis- 
 Go'/ernmci-it and dcpriv'd of his Crown; and whether the Pope 
 himlelf, except the Cale be Herefy, can take Cognizance of the 
 Matter. And if the Clergy, who at tiiis Day are lelf-intercfted,- 
 3 ^ * and*-
 
 502 Dissertation Hi s t. ««^ Ap o l o g. 
 
 * and for the generality mere attentive to Rome than the Bible, are 
 ' alraid or unwilling to Ipeak the Mruth, there wit! be a Neceffity 
 
 * fit the Stones, tiiat is to lay, the Secular-Order, to cry cut and to 
 ' declare, by a dilcerning Jiidgmenir, . hat is agreeable to the Laws 
 ' Divine and Naiiiral, and to the S'ractice ot" the Church, vviiich 
 
 * thole inanifeftly impugn who defena this pretended Power, hor 
 
 * my own part, I deuie nothing more than co vindicate th.- Honour 
 
 * of our old French Men, who made a noble S.and againll: the In- 
 
 * chroachnients of Boniface^ to whom the Clergy wrote rhac it was 
 
 * a perfect Impofition, to endeavour to perliiade Men that the 
 
 * Crovm o^ France depended on him, while the Nobility of the Col- 
 
 * lege of Cardinals and the l.aity bcggd tha: hxch Incroachments 
 
 * might not be fuffcr'd, and made an Oh'er of their Lives and For- 
 
 * tunes to fiipport the Independency of the Crown of France. To 
 
 * conclude, an Appeal was made to the next Council by the King, 
 
 * his Princes and States ;, which Appeal was receiv'd and trieu by the 
 
 * Council of Fifmie.y and all that .Boniface had done ivas revers d 
 ' and made "void. And in Purliiance of the Arret of Council, Pope 
 
 * Clement Y J under whom this Council was held, put forth a Decree 
 ' that the King and the French, both Clergy and Laity, v/ere in the 
 
 * lame State of Lxemption from the Pope, as they were before this 
 
 * Bonifuian Bull. Moreover, Boniface was acculed of Herefy, not 
 '^ only before his Death, but afcer it \ and our Philip urg'd the Mat- 
 ' ter before his Succeilbr, but the Cardinal de Senis ftop'd the Courle 
 
 * of it, laying, that Equals have no jurifdi£tion over one another, 
 
 * and that the Judgment of the Caule appertained to a General Coun- 
 
 * cil, and not to the Succeflbr of Boniface : A^ to which I muft ob- 
 
 * ferve by the way, that at that Time the Pope's Superiority over 
 {it') of Infill- ' the Council was not acknowleg'd («).' From hence it appears, not 
 mUfiy^Ch^p. o,-i]y j.}^at: Philip the Fair did not retract, but that the Perionwhore- 
 ^■P-59> !• trailed was Boniface. This only by the by. 
 
 III. But as to the pretended Recantation of John Gerfon, the 
 Cale is different, it being an Affair which direftly belong'd to the 
 Council of Con/lance. As there is nothing more chimerical than this 
 Recantation, fo there is nothing that was ever worle prov'd than this 
 Fail-, and in order to confute h'^thei' Defrant upon this Head, I will 
 only make ule of his own Arguments. Gerfony according to this Fa- 
 ther, had three Things principally in view at this Council: The firft, 
 was the SupprelTion of the Scliilin, by the EleElion of a lawful un- 
 exceptionable Pope, in a General Council, as Superior to the Pope, 
 becatife appeals are made to it in certain Cafes from the Sentences of the 
 Pope : The lecond, was the Condemnation of John Pet it's nine Pro- 
 pofitions : The third View, was to procure the Council's Appro- 
 bation of certain Rules which he had drawn up for die Retormation 
 
 of
 
 for Gev^sq-h and tbe Council ^Constance. 503 
 
 of Manners and of DifcipHne. If therefore Gerfon retra£l:ed, it miifl 
 have been upon all or one of thele three Articles. 'Tis clear itcou'd 
 not be upon John Petii's icditious Propofitions, becau'e lie iirg'd tJie 
 Condemnation of them to tlic very laft, and conipI;tin''d bitterly of 
 the Conncifs Prevarication in that Matter. 'I'his, Father Defirant 
 could not deny^ becaufe he lays, that Gerfon was oblig'd to baniiij , 
 himlelf, to efcape the Fury of the Duke of Burgundy, for whom 
 John Petit was Advocate. To fay that Jie retraclcd, becaufe he went 
 into voluntary Exile, is the fame thing as if one ihould fay, thaC ' 
 M. jirnaud and Father ^uefnd retraced, becaufe they were forc'd to ■ 
 retire to Flanders and Holland, to avoid the Fury of the Jefuits. If 
 Gerfon had been inclin'd to make fuch Recantation, he need only have 
 gone to Paris, where he would have been receiv'd with open Arms • 
 by the Duke of Burgundfi, Failion ; but he chofe rather to get out 
 of the Way, till the Storm was laid, than to be compell'd, as his Bre- 
 thren of the Univerfity were {a), to make a Recantation. L.et us {"') Hiftor/ 
 hear what he fays himlelf in his Conflation Philofophique, which he °^^p^ Uni- 
 w rote in 14 18, after his Return from Conflance, at Rathemberg in Ba- )!;> Tom^V/ 
 varia, or at Fienna in Anjlria : 'lis a Dialogue in Proie and Verle, ' 
 in Imitation of the Confolation Philofophique of Boetius, wherein Ger- 
 fon introduces three Perfons dilcourling, viz. Gerfon himlelf^ under 
 the Name of a Pilgrim •■, his Brother, John Gerfon, Prior of the 
 Calejlins at Lyons, under the Name of ;l/i9«/^z/i?> and Folucer, a Cou- 
 rier, who comes to him with News of his Brother in BaniJlimenta 
 They difcourfe after this Manner. 
 
 MONI^U E. Is not my Brother very milch troubled to find 
 
 * himfelf banilh'd into a Foreign Country of vVhich he underftands 
 
 * not the Language? 
 
 VOLU C E R. ' Not at allj on the contrary he rcjoiceth in the 
 
 * L ord : As he adually forefaw all that happend, he was prepar'd for 
 
 * Patience under if, and as he knew what (jrounds he v/ent upon, he 
 
 * trembles at the Thought of his Country's Misfortunes, which he 
 
 * bewails, alter the Fxample of Jeremmb, waiting for Deliverance 
 
 * from him who has flivcd him from the Storm as well as kept hina 
 
 * from all manner of Lefpondency and Cowardife {fpiritns pufiUanimi' 
 
 * tate); lo that, like a Sparrow, he has fled out of the Nets of the 
 
 * Hunters. Snares were laid for him on all Sides, but he has ef- 
 
 * caped as well as he could from the Shipwreck of the Republick, in 
 
 * hopes of better Time?. 
 
 MONI^UE. ' Tis. to be hop'd indeed, that fome Day or c*- 
 
 * ther the Truth will gather Strengcn. 
 
 V O LU C E R. * VNhen that 1, ay will come, I know not, for I 
 
 * fee with my own Eyes v\hat Ifaiab faid, Chap. lylX. ver. i^, ir. 
 
 * Jnd 'Judgment is turned avjay backward^ and Jufice Jlandd!} afar of: 
 
 a * For ,
 
 504 Dissertation His t" and A p o l o g. 
 
 * For Truth is fallen in the Street, and Equity cannot enter. 7'ea, Truth 
 
 * failetb, and he th.it departetb from Evil maketh himfelf a Prey. And 
 
 * indeed we fee Error, not that which we call nicer Miftake, but He- 
 
 * reticai \^ic\;.z(\\-\zis Qjareticam pravitateni) narcKms, barefac'd in the 
 
 * Streets and publick Places, inluking th'^ Catholick Tnith and its 
 ' Defenders, trampling on them with its dirty Feet {furdidiffrmis pe- 
 
 * dibui) and triumphing over them with the Infolence of a Conqueror. 
 
 MONI^UE. ' Eiit pray tell me whence comes this Milchief? 
 
 * Has not the Sacred General Synod which was call'd for its Defence 
 U-) oper Gerf.'' taken the Iruth into its Protcilion ? (ay Moniqtie without infi- 
 T. I. p. i3i.ft'ng on this Complaint, and with:ut anfwering Volucer\ Qiieftion, pro- 
 ceeds to enquire farther about Gerfon. 'Tis vifible that Gerfon, tho' 
 
 .he was dilfatisfy'd with the Council in lome reipefts, exprelfes a 
 Regard for it, and is unwilling to contradict it in the Face of the 
 Publick, becaule he has own'd the Authority of it, and advanc'd it 
 even above that of the Pope. This gentle Treatment of the Councli 
 he exprefles el-fewhere in thefe Terms : ' I am not willing, fays he to 
 Moniqne, to let my Face againfl Heaven, when Ilpeak of the moil 
 Holy Lord and his Anointed: But he has Collaterals (i), who have 
 behav'd very negligently, with regard to the Interefts of the Ca- 
 tholick Truth, in a Matter of very much the fame Nature ; I mean 
 that which relates to the Poles, and who could nev^er be prevail'd 
 upon, neither by Word of Mouth nor Writing, to purllie and deter- 
 mine that Affair (2)'. In this lame Paffage there's a very good 
 Proof that Gerfon did not recant. Alter Volucer has mentioned tlie 
 Complaints which were made publickly at Confiance, after the Pope's 
 Election, of the Temporifing and Tergiverlation of the Council, with 
 regard to the Reformation of the Church and the Condemnation of 
 the pernicious Propofitions o^John Petit and John de Falkemherg, Mo- 
 nique asks what Anfwcr was return'd to thole Co nplaints : Volucer 
 fays, ' No Anlwer was return'd at all •, but on the contrary. Affairs 
 
 * grew worle and worle, infomuch that the Poles put in their Ap- 
 ' peal to the next Council. And inftead of anfwering this Appeal, 
 
 * there was read, as they fay, in a General and Publick Confiftory 
 
 * held towards the Clofe of the Council, a certain Draught, in Form 
 
 * of ^a Bull, which, as is affirm'd by thofe who have read it, funda- 
 
 * mentally deftroys all the Authority, not only of the Council of Pi/^j, 
 
 * but of the Council of Conflancc, and every thing done in thole 
 
 * Councils, elpccially concerning the Fleftion of a Pope, and the Re- 
 
 * jedion of the Intruders. For this Draught imported, that 'tis not 
 
 * lawful in any Cale to appeal from the Pope, and to except againft 
 
 (1) Thefe are the Card;nals. thePc/wagainftF/jK^wifj-^'s Seditious Book, 
 
 (2) They arc the Complaints made by D'ttlog. pr» Condemn. Propojit. T. II p. 590. 
 
 ' his
 
 for Gerson <z«<^ ^/j^ Council (?/ Constance. 505 
 
 * his Judgment in a Point of Faith, which is direflly contrary to the 
 
 * Law of God and the Decrees of the Council (a). We find no Re- ,.. ,. , 
 . cantatioo at lead hitherto : Yet Father Defirant looks upon the Con- ,^3 anj 
 
 folation Pbilofophique and Gerfons Dialogue to be not lb much an A- 
 pology for, as an Inveilive againit the Council of Confiance (b , 'Tis (i) Dijfert. 
 true, that in one Place Folucer being ask'd by Monique whether Gcj'-HI-p- i<5^7- 
 fon had nothing to reproach himfelf with, in vvliat he had done at 
 Paris and at Confiance^ where he had fo earneftly prefs'd for the Re- 
 fjgnation of the Rival Popes, raaintain'd the Superiority of General 
 Councils, and profecuted the Errors of John Petit : Voliicer makes 
 i\nl\ver, that Gerfon, nor no body elfe could boaft of perfect Inno- 
 cence, even in the Prolecution of the beft Caule in the World ^ and 
 that, like St. Paiilj tho' he be not guilty in his own Eyes, yet he 
 is not juflify'd in the Sight of God (r). But this is {Ja iar from be- (c) Gerf. ubi 
 ing a Recantation, that he comforts himfelf in his Affurance that he/"i"''» P- '6?. 
 has chofen the better Part, defended the Truth and the Catholick 
 Faith, and pleaded for the Condemnation of the Errors which op- 
 pofe it. Therefore we mull feek elfcwhere for Gerfon's Recantation. 
 IV. Father Def.rant pretends he has found it in Ibme Pafiages 
 of certain Pieces which Gerfon wrote towards the Clofe of his lite j 
 and that for this reafon he likewife intitles the lafl Chapter of his 
 fecond Diifertation, ' The final Retraflatiun of Gerfon during the 
 
 * four Years of his Life, which he began with the Study of the 
 
 * Works of St. Bonaienture, and compleaied by the Reading of J- 
 ' lexander of Hales and St. T'homas Aquinas : In his old Aige he laid, 
 
 * My Prattle has been confused. He exhorted all Mankind to read and 
 
 * follow the ancient Writers, without troubling themfelves with his 
 
 * own Works.' As Father Defirant lays the greateft Screls on thefe 
 Paffages, 'tis necelfary to examine them. The firlt Paffage is taken 
 from a Letter writ in 1424, to one Ofiuakl^ a Carthufian \lonk, but 
 it fignihes nothing at all to the Quefi;ion, becaufe we find no Recan- 
 tation in it. Gerfon therein returns his Friend Thanks for defiring 
 him to let him have a Sight of his Works ; promifes to fend him 
 Copies of them, and to give him leave to make a Tranfcript of the 
 Theology of the Seraphick Dr. Bona-venture^ which he calls the T'Le- 
 
 ological Do[lrine, by way of Eminence (d). However, Father Defirant (rf) cerf. op. 
 has done well to date Gerfon's pretended Recantation in 1424 j for ifT. I. p. ii6L 
 he had dated it a Year iooner, "he might have been convided of a 
 grofs Millake in Fadh It has already been obferv'd that in 1418, 
 immediately after the Separation of the Council, he wrote his Trea- 
 tife to prove the Lawfulnefs of appealing from the Pope's Judgment, 
 in Oppofition to Martin V, who iiad determined that fucJi Appeal 
 was unlawful, as was jufl: now noted. He afterwards wrote a Traft 
 of the 'Trial of Dotlrines, which according to the MS. in the Colbert 
 Vol. II. Sff Library
 
 5o(5 Dissertation Hist, and A p o l o g. 
 
 Library is dated at Lyom in the Year 141; ^ but as mention is therein 
 made of the Council of Conflance held after that Time, and as more- 
 over Gerfon was not at Lyom that Year \ M. Ditpin jndg'd very rightly 
 that it was in the Year 142::. In this Trafl: he maintains i. That the 
 Prerogative of judging of Matters of Faith authentically and peremp- 
 torily appertains to a General Council. He proves his Thelis by the 
 Authority of the Council of Conftaiue, and he refers to his 1'reatife 
 of Ecckfiaflkal Puwer^ wherein he had eftablilh'd the Superiority of 
 a General Council, and to iiis Qiieflionj Whether 'tis Ir^wful to ap- 
 peal from the Pope. And certainly it cannot be deem'd a Recan- 
 tation, for a iVian to refer to his own Works for the eftablifliing of 
 his Hypothefis. He does not deny that commonly the Pope is fove- 
 raign Judge of Matters of Faith, bat Uis next to the Council, or i;i Con- 
 cert "with the Council; and the Realbn he brings for it is, that as Ge- 
 neral Councils cannot be alfembled at every Turn, there mull be Ibme 
 Ibvera'gn Judge to decide provifionally. He afterwards raifes aiv 
 Obje;lion to it, viz. that the Pope being not infallible^ he may deceive 
 himfelf and others too^ and he anfwers, that in this Cale the Gene- 
 ral Council is the laft i\elTource, and that the Pope is oblig'd to fub- 
 mit to it, on Pain of being cenfur'd as a Pagan and a Publican. / 
 am yiot ignorant, lays he, thcit there are many People to ivhom this Truth 
 is offenfive, becaufe more Authority is given to the Pope and his Wri- 
 tings taken upon Trufi (male fufcepta) than to Jefus Chrijl and the Gof- 
 peh. But the Lie opposed to this Truth is a Hcrefy condemned by the 
 Council of Conflance. This is as far from a Recantation as the Hea- 
 vens are from the Earth. 
 
 V. Here follivvs another PalTage, which clearly proves that Ger- 
 fon had not retradled in 1424. My Author is Simon P'igorj ' Thus 
 
 * then, fays he, the Galilean Church alw.iys maintained it lelf in its 
 
 * Immunities from accepting any Decrees of the Church of Rome, 
 
 * farther than they were conformable to the Canons, Now, fince 
 
 * the Church of Rome has pretended to afcribe Infallibility and ab- 
 
 * folute Power to it felf alone, and fince Provincial Councils are no 
 
 * longer held, the French have raaintain'd their Liberties by the 
 
 * Authority of a greater Power , viz. by Appeals to a future 
 
 * Council , or by Complaints made to the King or his Political 
 
 * Magiftracy, the Confervators of the lacred Decrees and liberties 
 
 * of the Galilean Church. And to this Purpofe, honeil Gerfon, who 
 
 * ought to ferve for a Pattern and Light to the partial or ignorant 
 
 * Divines of this Time, who embrace all kind of Novelties, to the 
 
 * Prejudice of the Truth and of the I aity thev owe to their 
 
 * Country, puts a Queftion in a certain Treatile he wrote, H^hether 
 
 * the wijujl Sentence of a Bijhop ought to be dreaded; and he deter- 
 J mines, That the viofl Cbrijlian King has fworn at his Coronation 
 
 I t(y
 
 T^rGERSON and /-6^ Council <?/ Constance. 507 
 
 to preferve the Rights and Liberties of tht Churches of his Kingdom. 
 So that he mujl be of Opinion that- all Sentences pafs'dto the Pre- 
 judice of fucb Rights^ dj mediately, or immediately^ contain an undue 
 Ujurpatiun j and confiquentlyy that they are not to he dreaded, nor 
 i-t a./y Wi'e to be ohjcrv'd-^ and even that the King may defend him- 
 (elf from fiich Attempts made agwijl Him and His, in the fame Maw 
 ner as he ivould a£l againU thufc ivho flooiild ufu; p his Dominions, and 
 even more, as far as Spiritual 'Things furpafs Temporal Things. And 
 ellewhere the fame Gerfon teaches , that // Princes had not this 
 Power, and that if Obedience mufl almays be paid to the unjiijl errone^ 
 /)us Se-tcnces of the Prelates, the latter might reduce Chrijlians to 'what 
 Degree of Slaver, they pleas'd. And therefore he concludes, that the 
 vulgar Saying, viz;. Tiat the Sentence of a Prelate, tho\ unjiifl, is to be 
 dreaded, is jubjeEt to an Interpret at ion ; and that in the general ''tis not 
 true, that if it is to be. dreaded, it mufl therefore be admitted and ob- 
 fervd ; and that to fuffer it, in'ould argue Stupidity as brutifl) as that of 
 an yffs, or Timorvujnefs equal to that of a Hare. ' Therefore he deter- 
 
 * mines, That Diligence ought to be ufed in informing the weak Minds of 
 thofe who believe that the Pope is a God, and that he has all Power in 
 Heaven and in Earth. That if they will not receive Pnflruclion, them- 
 felves only mu(l be to blame fur the Scandal, becaufe they are offended 
 without any Reafon. * Tiiis honefl: ani brave Doctor wrote this a- 
 
 * bout the Year 14:4, when France was at War with the Englifi, ac 
 
 * which time Pope Martin V. fent his Nuncio's into France to abo- 
 
 * lilh the L'berties of the Galilean Church. And among all the Sor- 
 
 * bonne Doctors there was not one but what was of the lame Opinion 
 
 * witli th's good Chancellor of the Univerfty: So that this School 
 
 * was not, as it is at this Day, divided into Parties and Factions ; and 
 
 * had no Notion of the New Sokbonne, the Ichilmatical Charac- 
 
 * ter lately invented and appropriated to thole who abandon the 
 
 * Truth of ancient Maxim':, and proilitute themfelves to the Innova- 
 
 * tions of the Court ot Rome and its Agents, who defend the ablb- 
 
 * lute Mon;u-cliy and In allibility of the Pope (a). {') of Ecd. 
 
 VI Thus we find Gerfon arriv'd at the Age of Sixty, without ^'f''pi'"e, p. 
 having ever retratted. Let us lee now whether he was a Convert "'' ^""^ 
 before he dyed, as Kather Defrant pretends he was. I believe not. 
 However f-ather Defirant quotes a Palfage, in which Gerfon making 
 Anfvver to theQii^-'Vnn he ilarts. Which of the DoHors of Divinity, 
 was mufl eligible, Ipcaks tiius according to the Verfion of M. Dupin. 
 If it be ask'd of him (fierjon) which of the Dolors he thinks the 
 moft proper tor the Initrudion of Believers^ he will anfwcr, that 
 without i^ilparagement of the others, St. Bonaventme is the Man, 
 becaulehe is found, lure, p"ous, jull and devour, ani t/iathe departs 
 as wide as he can from Curio! ity, by not interlarding hisDKcourles 
 
 S ff 2 * with
 
 5o8 Dissertation Hist, and A p o l o ci 
 
 * with foreign Propolltions, or Qyeftions of Logiclc or Natural Philofo- 
 ' phy, cover'd with Theological Phrales, as many others have beenac- 
 
 * cuftom'dto doi but, becaule by enlii^hteningthe Mind, he makes his 
 
 * Learning fubfervicnt to Piety and Religion. This, he adds, is the Rea- 
 
 * fbn that the irreligious Schoolmen, who, the more is the Pity, arc 
 ' the far greater Number, ncglecl him, tho' there is no Dottrine 
 ' more foblime, more divine, more wholelom, more agreeable to Vi\- 
 ' vines than the Doclrinc of this Author;, a), j^fter this Gerlbn 
 
 (4) Bu^. T. ' adds. The more I read liim in my old Age, and the fonder I zm, 
 Xp. 7;Col. < of his Works, the more I am confounded to think of my own 
 i>iffet\\ ' Pi'^ttle {tanto faBa eft amplius confufa mea garriditas') I lay to my- 
 lAz! .p. ^ ^j^. ^j^.^ Dortrine is Sufficient, why doft thou conllime thylelf in 
 
 * vain Labour? Why doft thou write ? Why doft thou dictate? 
 
 * Colleft rather, and tranlcribe the Works of this Doftor, of whom 
 
 * may be faid with Truth what Jefus Chrifl iliid of John the Bap- 
 tifi, He was a Bar/iing, a.d a JIj!?iiMg Light, ' But where were Fa- 
 •^ ther Defiranis Eyes and Judgment, when he read thole Words, 
 and did not perceive that they are the Sequel of the Tryal of 'Doc- 
 trines juft mention'd, wherein he maintained the Superiority of Coun- 
 cils over the Pope, the Fallibility of the Pope, and wherein he has 
 I'eferr'd to his other Works upon this Subject. Therefore Gerfons 
 iaft Works meant here, are not thole he wrote immediately before 
 the Council, during the Council, and immediately after it, but only 
 his other TJieological and Moral Trafts, of which he had compos'd 
 a great Number at other Times, and which he thought fo inferior 
 £0 thole of Bomventme, that in Comparifon lie only looks upon them 
 as Prattle. However, he does not retract them. He only fpeaks of 
 'em. with Modefty and Humility. So that hitherto we meet with 
 no Recantation, 
 
 VII. Let us fee whether Gerfon was a little more tradable in* 
 i42<?, which was the Year when he wrote a Letter to a certain 
 Frier Minor at Lyons full of Encomiums on the Sweetiiefs and Spirit 
 of the Seraphic Bonaventure , irom whence Father Z)^?««/ has^ 
 €xtraded what follows. ' He, (^Bonai-enture') fays Gerfon, has, accord- 
 " ing to his own Declaration, follow'd that common and found Doc- 
 
 * trine which flourifli'd at Paris, efpecially in his Time. Therefore 
 
 * to confirm his Doftrine, he quotes the Articles of Paris, condemn'd 
 ^ by JVilUam, Bifhop of Paris, with the Conlent, and by the Kd.' 
 ' vice of all the Mafters, in the Life-time and with the Approba- 
 
 * tion of Frier Jkxander of Hales, whole Doctrine is fruitful beyond 
 
 * Expreflion. He knew that when St. Thomas Jqiiinas was ask'd which 
 
 * was the beft manner of ftudying Divinity, he anfwer'd, that he kept 
 
 * to one Doftor ; and that when he was ask'd which of the )3o£lors, 
 f^ he reply'd, Alexander of Haks. I affirm, fays Bonavcntitre, that 
 
 * I have
 
 for Gerson and the Qqm'cvcxX (J/' Constakcf. 5-9 
 
 I have read it thus in a certain Treatile of the Beat iricVifion againfl: 
 John XXII- This lays Gerfon^ the Writings of St. 'Thomas do al- 
 io declare, efpecially the Secunda Secunda of his Summary, and how 
 familiar and intimate t\i\sYio^}.ox j^lexander, whom he quotes, made 
 himlclf. But alas ! adds GcrfoVj thofe two Doctors, ILUcs and 
 Bonaveritiire, fcem as it were buried in Oblivion^ Specially when the 
 Love of the Heart ('tis myilical Theology) is in queflion, and theti 
 fome others are extoll'd, whole Names may God grant to be writ- 
 ten in the Book of Life^ for we don't envy their Scholars for 
 them ^^ but their Wricings, which are numerous, under the Diiguife of 
 Subtlety, have made many of them talk at random {a) ' Whereupon (.t) op. Cerf- 
 Father De fir ant cries out with Enthufiafm, O Sacred ConfeJJion! O T. i p. 117- 
 Confejfion ivorthy of GerfonV Old Age {0) \ * There is no Divine but 
 
 * knows what has been taught and written by Alexander oi Hales, Bona- (*) ^^P- "^^ 
 
 * venture and Thomas Aquinas. They have not taught new Doftrine, ■^''^' P" '^2* 
 
 * but ancient Doilrine;, they taught the/ciaWand com-mon Doftrine which 
 
 * prevaifd at Paris eipecially in the Time of BonaventureH We will fet 
 all this in a clearer Light, to tee whether FatherZ)^/??v7H/ has not furnifh'd 
 Weapons againfl: himlelf inrlead of finding the leafl: Service in that Argu- 
 ment : A Man need only inipeft into thofe Articles condemn'd at Paris 
 by the Univerfity, to be convinc'd that then there was no Difpute a- 
 bout any of the Qiieftions debated at the Council of Conjlance, viz. 
 the Affaffination of Tyrants, the Superiority of Councils, the Appeal 
 from the Pope to a General Council, the Reformation of the Church 
 in its Head and Members ; but of Queflions meerly Ipeculative and 
 fcholaftical. Theft Articles are in the llld Tome of the Univcr- 
 fity of Paris, and M Diifin has tranflated them at large, in the Xth 
 Tome of his Eibliotheque des Auteurs Ecclefiafliqiies. They are theft, 
 
 1. That the ElTence ol'God fhall not be feen, neither by Men nor Angels. 
 
 2. That the Divine EHencc, tho' the fame in the Father, Son and 
 Holy Ghofl:, yet as it is, this Eficnce and this Form is one in the 
 Father, and in the Son, and not in the Holy Ghoft. -. That the 
 Holy Spirit does not proceed from the Son, as he is Love and 
 Union •, but only from the Father. 4. That there are ftveral e- 
 ternal Truths which are not God himfelf. ^ . That in the firfi; Mo- 
 ment the Creation and the Pallion are not the Creator nor the Crea- 
 ture. 6. That the wicked Angel was wicked in the very Lnftant of his 
 Creation. 7. That the Souls of the bleffed, and that of the Fir- 
 gin Mary herftlf, ihall not be in the Empyreal Heaven with the 
 Angels, but in the Chryftalline Heaven. 8. That an Angel may- 
 be in .ftveral Places, and even every where at the fame Time. 
 
 9. That he who has the befl: natural Genius Ihall have moit Grace. . 
 
 10. That the Devil had no Afliftance to prevent his Fall j nor. 
 
 * Adam to remain in a State of Innocence. The AfTerably, after having. 
 
 a ceniiir'd,:
 
 510 Dissertation Hi s T. <c»<5f Apo log. 
 
 ' cenfiir'd thefe Propoficions, declar'd that Mankind ought to be- 
 ' lieve firmly, and wichont doubting, i That the Siibflance, EiTence, 
 ' and Nature of God, fliall be leen by the Holy Angels, and by the 
 
 * Souls of the BlefTed. i.Tiiat th:re is but one fubftantial Elicnce, and 
 
 * one Nature in the Father, an J the Son, and Holy Spirit, even with re- 
 ' gard to Form, 3. That the Holy Spirit, as Union and as Love, pro- 
 ' ceedeth fi-om the Father and the Son, 4. That there is but one 
 
 * Eternal Truth, which is God -, and there never was any other Truth 
 
 * from all Eternity. =f. That the tirft Moment Creation and Padion 
 
 * are Creatures, 6. That the wicked Angels were once good, but be- 
 
 * came wicked by their Sin. 7. That the Souls of the blelfed, and 
 
 * their Bodies too, fliall be in the Empyreal Heaven, as well as the 
 
 * Holy Angels. 8. That the Angels are in a diftinft Situation, lb 
 ' that they are not in two Places at one and the lame Time, much 
 
 * Jels in all Places, 9. That Grace and Glory are conferr'd accord- 
 
 * ing to the Order and Predeftination of God. 10. That the wicked 
 ' Angels and ^dam had Afliftance to prevent their Fall, tho' not 
 
 (a) Dup Bib * to be perfeft («).' By that therefore 'tis clear, that tho' there were 
 Aui Ecc'l. T. fome Retraftation in Gerfcns Words juft now mention'd, it wou'd 
 X. p. 161. not turn upon what he did, and wrote, at ConJiame\ but upon fbme 
 iCol. I. Points of Divinity, wherein he departed from Alexander of Hales 
 
 and Bonaventure. But when all is laid and done, tliere's no Recan- 
 tation in this Refped neither. And 'tis grofs Knavery, or at leaft 
 a prodigious E'olly in Father Defirant to refer what Gerfon laid to 
 the pretended linovations introduc'd upon Occalion of the Dif- 
 putes between Philip the Fair, and Boniface VIII. What are thofe 
 Innovations then which Gerfon condemns, when the Bilhop and U- 
 niverfity of Paris, Bonaventure, St. fbomas, Alexander of Hales, i3c. 
 had done the fame before him? They are in no Senfe, Queltions 
 ef Difcipline and Morality: They are, befides the Articles con- 
 demn'd in 1 240, certain Metaphyfical Subtilties concerning the Nature 
 of God, feveral times condemn'd at Paris, particularly in 1270 and 
 1275, as may be leen in the Hiftory of the Univerfity of Paris, 
 and in Gerfon's Letter to the Frier Minor. They are the Books 
 of the eternal Gofpel of the Abbat Joachim, thole of Amauri, Rai- 
 mond Lidle, the falfly Myftical Theology of one John Ruisbroc, 
 one John Scbnoven, t^c mention'd even by Gerfon in thefe Pieces, by 
 which Father Defirant thinks to fcreen himfelf, and particularly in 
 his Letter to the Students of the College of Navarre, againft the 
 . Curiolity of the Students, wherein he ihews what a Scholar in Di- 
 (J) Gerf. "J'yjj^ify ought to ftudy, and in what manner (f). Father Df//'««/ quotes 
 ''''^- ^^ ^^^ thefe Words from it. * 0,yizjj Gerfon in the Conclufon, that the 
 < Readers or Hearers of fuch things wou'd but repent ! O that af- 
 * ter fuch Follies they wou'd turn to better Diredion, to better 
 
 Lelfons
 
 for Gerson and the Council of Constance." 511 
 
 * Leflbns, that they would deplore their Face, and that they would 
 ' lament the Time they have loft.— Were it not far better to make ufe 
 
 * of what is already found out tj tlieir Hands, than to deftroy happy 
 
 * Difcoveries, by leeking afcer new Inventions, Such ancient Dilco- 
 
 * veries are not the Produd of young Pates, whole Tongues run with- 
 
 * out Confideration ^ nor of Logical Dilputants or Perlbnsof deprav'd 
 
 * Manners-, but are come to our Hands by the very Iblid and wile 
 
 * Tradition of Doctors of great Pie:y and Experience, who put in 
 
 * prr,£lice themfelves what they taught others.' This Paflage confi- 
 der'd in itfelf is enough to perfuade one that Father Defirant is mil^ 
 taken, or that he had a Defign to impole upon his Reader, It was 
 propofed to Gerfon to leleft Ibme of his Works for publick Inftru£lion, , 
 but he modeftly excufes himfelf. * When I fee, fayi he^ the V\ orks - 
 
 * of lb many Great Geniufles, and of lb many Authors of Weight, 
 
 * neglected and trampled under Foot, can I hope that mine will bs 
 
 * better efleem'd ? Befides, I fear to commit the lame Fault which 
 
 * I fo much blame in others. What is that, you'll ask me? There 
 
 * are Ibme who ftain Paper and perplex the Minds of their Hearers, , 
 
 * who are but Novices as yet, with a thouland filly Things and im- 
 
 * pertinent Novelties, mix'd with barren, and often poifonous TareSj, . 
 
 * inltead of good Grain, £5?^.' Who does not perceive that the Cafes 
 in queltion are not thole grave Points of Dilcipline and Morality, viz, 
 whether an Oecumenical Council is Hiperior to a Pope •, whether 'tis 
 lawi'ul to appeal from the Pope's Judgment to the Council \ whether 
 'tis allowable tor any private Man to kill a Tyrant •, whether the Pope 
 is infallible and irreformable^ but Icholartical Subtleties and Difficulties, 
 qmdlibetical Queitions, and Cricicilins of Myftical Theology, whicli 
 had taken place inftead 0' the folid Works of the Ancients, touching 
 Theology and Morality, as is very manifeft from the whole Letter. 
 
 VIIL Let us fee whether Father Defirant was more fortunate 
 in Dilcoveries hereafter. Yes, here comes a Piece that does it to 
 Perfedlion •, 'tis intitled, A certain ExtraB of Gerlbn, in the Manner 
 of a Prologue^ ivberein he ivijloes that Readers would give the Preference 
 to the ancient Do&ors before his little TraRs (a). Father Defirant be- (") cec/ «&' 
 lieves the Title is wrong, and that inllead of Extract or Prologfte, it f"^- ?■ ^'?>" 
 fliould have been Recantation. We will lee what Foundation he builds 
 upon. He fmells the Beginning of a Recantation in thele Words, ' It 
 
 * were to be wilh'dthat human Nature, which is 'odefirous of Know- 
 
 * ledge, would diveft it lelf of the Itch of coiicinually hearkening to, or 
 
 * advancing fomething new, and keep Ibberly tov\haL ha? already been 
 
 * happily found out -, as to which I remember, I vvr^' e you a very long 
 
 * L.etter. Yet this is what we connot prevail, upon Scholars to do, 
 
 * efpecially the younger Ibrt, who are fonder of new Compofitions 
 
 * than old ones, like Children that hanker after new Fruit,- the' 
 
 green
 
 c 
 
 512 Dissertation Hist, and A p o l o g, 
 
 * green and four, rather than ripe Fruit, which is founder and of bet- 
 
 * ter Digeftion.' I don't here find the leaft Shadow of a Recanta- 
 tion : Yet from the Words, as to ivh'icb [remember^ I lurott yon, a "very 
 lorn Letter^ Father Deftrant draws two Conchifions \ one, that Gerfon 
 means the Letter to the Students of the College of Navarre,, from 
 which fome Paffages, as the Father has quoted them, were juft now 
 extracted;, the other, that this Extract is pofterior to the Letter, 
 and was probably ivrltten towards the End of bis Life. Let us examine 
 this Matter. True, the Extract is relative to the Letter to the Scho- 
 lars of Navarre •, but from thence I infer, that here is no Recanta- 
 tion ^ for, as I juft now demonftrated as plain as the Sun at Noon-day, 
 there is nothing in this Letter about the Superiority of tlie Council, 
 nor the Appeal from the Pope to the General Council, nor the Pro- 
 pofitions of John Petit, nor the Reformation, but Scholaftic and Myl- 
 tical Divinity, as to which even Gerfon does not at all retrafl:. But 
 there's a great Difficulty as to this Letter without a Date, and by 
 confequence, as to the Extract in form of a Prologue, which is Father 
 Defirant\ main Argument, viz. That it does not appear that it vi?as 
 written in Gerfon's latter Days, after his Return from the Council " 
 Conjiance. At that time the College of Navarre, as well as the whole 
 Univerfity of Paris, was in Trouble and Combuflion, thro" the Enac- 
 tions of the Biirgundians and Orleanmis, which was not a Time, by 
 any Means, to ask and give Advice for Studies, as was laid to be 
 done on both Sides. This appears from Gerfoii's Lamentations upon 
 the Difperfion and entire Ruin of the Univerfity, as E'ather Defirant 
 jiim(elf agrees, and as is prov'd from the Verles of Gerfon, which he 
 
 {« n'^^ertW. has quoted (^% Whereas the Letter in queftion is written to Perfons 
 p. 151. who might ftudy as quietly as they pleated, and receive Advice bothas 
 
 to their Studies and Condufl: ;, and I find there's another Letter from 
 Gerfon to the Scholars of the lame College, dated at Bruges, to which 
 he retir'd in 1400, to flielter him(elf from the Uproar in Paris (i). 
 It appears from this Letter tliat he had wrote one to them before, 
 which might be that perhaps, about which Father Defirant makes fuch 
 a Pother. They are both of the lame Tenor, viz. to reform the Stu- 
 dies, and to correft the Manners of thofe Scholars. He begins the 
 lecond thus : * Dear Brethren and Companions, I lend this in Com- 
 
 * pliance with your Requeft. I wrote one to you before, wherein I 
 < admonifh'd you to adhere to the beft Doftrine : For you have not the 
 ' lame Need as Firgil, to grope for Gold in Mud, or to extrait Honey 
 
 * and Oil from a Wall ;, to which 1 added, that in the Cultivation of 
 
 * the Underftanding the Heart muft not be neglected. I perceive by 
 ■' your Anfwer that you took it in good Part, becaufe you exhort me 
 
 (i) Upon Account oi BenediB XIII. 
 
 to
 
 for Get. i OTA and the Council <?/ Constance.' 513 
 
 ' to write to you often.' If therefore thefe two Letters were 
 written at Bruges between 1400, the Year that Gcrfon retir'd thither, 
 and 1403, when he return'd, that is to fay, ten Years before the Coun- 
 cil of Conjiancf, Father Dejirant's Battery is quite ruin'd. Thus we 
 find no more Recantation in Gerfon at tlie End of his Life than at any 
 other Time. 
 
 There's no need of examining the reft of the Extra£t in form 
 of a Prologue, becauie 'tis of the fame Date with the Letters from 
 Bruges, and befides it only dilcovers a modeft Opinion of his own 
 Works , Complaints of their being ftolen from him , of their 
 being curtaifd, and Ipoil'd, and a high Efteem for the Doftors that 
 went before him •, but no Recantation. So far from it, that he fays 
 in this lame Place, that he preferves his Writings, becaufe, as imper- 
 fect as he thinks them, they may be ufeful, by realbn of the Fondnels 
 of molt People for modern Compofitions, tho' inferior to the Ancient. 
 Rurfum, ^mniam ita fe res habet, tit quorundam curiofttas adeh cupidafit 
 wvoruntj quamvis imparium valde veteribuSy quod vel ex complacentin 
 fumendiy quemadmodum in cibo corporali evenit, vel ex inertia videndi 
 Vetera, proficiet eis leHio novellorum. Eligibilior utique erit profeBus "vel 
 paucus in ijlis^ quam nullus in illis. Tandem quis nefciat effe, ficut in 
 faciebus, ftc in animabus differentias innumeras, (3 gtifium fpirituakntj 
 ficut i^ carnalem compertiim efl •uariari, ut qiiidem ifli ad naufeain, al' 
 teri ad falubrem mitritionem proveniat. ^is fcit ad extremum, fi guf- 
 tat is rivulis ftudentes, aut dulcore rivulorum alletfi conjeSlurare de funti- 
 bus fapidiora , aut limoftore eorum potione fafliditi f antes exquirere^ 
 puriores valent a). 'Tis plain that the Thing in Queflion there, is '«' Tom. 
 the Turn of Expredion, and not the Things themlelves ^ and that '• ^"" 
 inftead of retracting them, Gerfon is willing to communicate them, 
 becaufe they may ferve and pleafe in quality of modern Pieces. If 
 any one would know who thole Ancients are that he prefers to the 
 Modern and his own Works, they are in the firft Place the Fathers, 
 particularly St. jlujiin, St. Ambruje, Gregory the Great, Roetius, St. 
 Bernard, t\\Q pretended Denis the Areopagite \ and among the School- 
 men, Henry of Ghent , Alexander o^ Hales, the Seraphic Bonaven- 
 ture, the Angelic St. Thomas, the very rclblute Durand de St. Porcien. 
 I have not time to examine whether all thole Authors have treated of ' 
 the Subjects upon which Father Defirant pretends that Gerfon in the 
 Clofe of his Life recanted. But however, I know that Bonaventuie 
 did not treat them, he is all over myllical elpeciaily in his Brevi- 
 logue, and in his Guide of the travelling Soul to God, lb much recom- 
 mended by Gerfon. As I was turning over Bonaventure's Brevilogue 
 I met, however, with a PalTage, in which not Father Dcfiyant, but 
 Gerfon would have found his Account ; and the latter indeed has not 
 fail'd to quote it. Bonavenlure Ipeaking of Baptifm lays, that Bap' 
 
 Vol. II. T tt tifra
 
 514 Dl S S ERT A TI O N Kl S T. ^«^ ApO L O G. 
 
 tlfni may be received out of the Pale of the Churchy but the Grace of Bap' 
 tifm and a happy Life are only in the Church, which is founded upon a 
 Rockj ivhich has receiv'd the Keys to bind and loofe , and tvhich alone 
 (a')Brfv:l. pofj'ejj'eth all Power {ci). There's not a fingle Word of the Pope, or of 
 Lib.W.Ca^. the See of Rome, and I am not furpriz'd that G«y&« prefers Bonaven- 
 v. iure to the modern Canon Lawyers. 'Tis true, that Father Petitdier 
 
 has quoted a Paliage irom Bonaventure, wherein he leems to declare 
 for the InfallibiHty of the Romifl) Church in thefe Terms, Et ad 
 hoc patet refponfio per pradi5la, quia non cornimpimus^ fed perficimus, nee 
 fententia lata efl contra perficientes, fed contra corrumpentes. Vcl poteji 
 dici-y ficutjicit Anfelmus, quod novum edidimus, quodque facere potuimus : 
 ^uia Romana Ecclefia plenitudinem poteftatis a Petro Apoftolorum Prin- 
 cipe accepcrat, in quam nulla Patrum Sententia nee Inter diclum proponerCy 
 (I) Trafl: »^^ arSiare potuit, nee ei prajudicare, nee ligare earn ad aliquid {J/). JBut 
 Theol. p. I . this Paifagc is not quoted from Bonavinture'?> Books boafted by 
 351- Gerfon, which is the very thing in Diipute. 2. Bonaventure in this 
 
 Place does not dilculs the Qiieltion, whether the Pope or General 
 Council is fiiperior, but disputes againft the Greeks in favoiif of the 
 i^//« Church. 5. When all is laid and done, this Fxamination is 
 not neceilary, becaufe the Letters wherein Gerfon prefers thole Au- 
 thors to his own V\ orks, are much older than the Council of Con- 
 fiance^ as I juft now oblerv'd. As for nomas d' Aquinas, of whom 
 Gerfon fays that he excell'd, efpecially in the Secunda SecundiS of his 
 (c^op.Gerf. Summary (f) j 'tis true that there's a very exprefs Paliage in it for 
 Mbi fup. p. the Superiority of the Pope, and Father Defirant has not forgot it. 
 ^^- 'Tis necelTary to put it down, in order to make our Remarks upon it. 
 
 Concerning the Queftion, Jl'hether it belongs to the Pope to drazv up 
 a Creed? T'homas, according to his ufual Method, after having ftated 
 the Arguments for the Negative, declares for the Affirmative in thele 
 Terms, ' I anfwer, it mufb be faid, as was obferv'd above, that 'tis 
 
 * neceliary to make a new Creed, to avoid the Errors which are ri- 
 
 * fen up. The Publication of a Creed depends therefore on the Au- 
 
 * thority of Him, to whom belongs the Prerogative of determining 
 
 * finally in Matters of Faith, to the end that this may be believ'd 
 
 * generally and unalterably. Now this is what depends on the Au- 
 
 * thority of the Soveraign PontilTs, to whom are referr'd the major 
 ' Caufes and difficult Queftions, as it is laid in the Decretals, extra 
 
 * de Baptifmo C. Majores. From hence it comes that our Lord 
 
 * CLuke xxii.) laid to Peter, whom he appointed his Soveraign Pon- 
 
 * tilf, I have pray''d for thee that thy Faith fall not, (fc. And the 
 
 * Rcafbnof it is, that as the whole Church ought to have but one 
 ^ F'aith, according as it is laid, i Cor. i. 10. That ye all freak the fame 
 
 * Language, and that there be no Divifion among you: Which could 
 
 * net be obferv'd, if when any Queftion of Faith aroJe, it was not 
 
 * decided
 
 forGiison and the Council of Constance^ 515 
 
 ' decided by him who prefides over the Church, to the end that his 
 
 * Decifion may be conftancly obferv'd by the Catholick Churcli. 
 
 * There'^ore the making of a new Creed appertains, by Right, to the 
 
 * Pope alone, as well as all other things which relate to the whole 
 
 * Church, particularly the ailenibling of a General Council, and other 
 
 * Things of that Nature.' Let us now lee what Father Defirant can 
 make of this Palfage towards the Proof of Gerfort's pretended Recan- 
 tation. St. I'bomas does not enter here into the Dilcuffion of thele 
 Points, i)'fz. Whether an Oecumenical Council is fiiperior to a Pope? 
 Whether or no 'tis lawful to appeal from the Sentences of the Pope? 
 Whether he is infallible? Whether, in caleof a Schifm, or the Pope's 
 Refulal, an Oecumenical Council may be aJTembled without him, i^c. 
 He only lays, that the Pope being Head of the Catholick Churchy to him 
 appertains the Oecilion of Rich Queilions of Faith as relate to the 
 whole Church, and the Right of alfembling a General Council to re- 
 prelent the Catholick Church. And this is what Gerfon never deny'd, 
 except; in a Cale of Schifm or Herely. Let us hear his own Words 
 in his Treatile of the Poiver of the Church, wherein he Ipecilies the 
 Cafes for which a Pope may be depos'd by the Church. // 7niijl be 
 confefs'd in the firfi Place, fays he, that regularly, and even according to 
 the Divine Law, a General Council ought not to be celebrated ivithout 
 being convoked and approv'd by the Pope, provided there be but one Pope ; 
 and that there be no legal Accufation againfi him. In this Caie Gerfon 
 does not deny the Pope the Fulnels of the Monarchical Power, at his 
 own Diipolal;, and only gives it to General Councils, to regulate the 
 Exercile of it, in cale there be a Schifm, that the Keys are milplac'd, 
 and in cafe the Pope happens to go aftray (:), which is what Sc, l^ho- 
 mas does not mention, becaule in his Time there was no Schifin nor 
 Irregularity, Gregory X. being a peaceful Poffellbr of the See, and 
 in Reputation for Sanftity. In this Pallage of T'homas d" Aquinas the 
 Point in Queftion is not the Condemnation of Articles already con- 
 demn'd, nor the Decifion of Articles already decided, which, accord- 
 ing to Gerfon, appertains to the Bilhops in the firil: Inflance, and to 
 the Pope by Appeal ; but it treats of a new Creed, which un loubcedly 
 relates to the Catholick Church. Now Gerfon in this Cale does not 
 except againft the Pope's Authority, becauie he fays, that regularlyy 
 and by the Divine Laiv, 'tis the Pope's Right to alfemble a Council. 
 4, I>et us fuppole, however, that by forc'd Conclufions, the following 
 Confequences may be inierr'd from 7'homas's Words, that the Pope is 
 fuperior to General Councils •■, that it is not lawful to appeal from the 
 Judgment of the Pope •, that in no Cafe a Council can be alfemblei 
 
 {.!') Plenitudo Poteftati? Ecelefiafiicas in Ecclefia fynodaliter conjugata ordina- 
 eft fubjcflive & monaichicc in Papa. Eft tivc, & fuppkiivi, fibi ftip. p. z^6, i^o. 
 
 T t t 2 vvichouC
 
 jl^ Dl S SERT ATTI O N H I S T. aftd ApOLOG» 
 
 without the Pope-, that the Pope is infallible, ^c. What wou'd fol- 
 low from it? All that can be inferred from thence is, that Gerfou ap- 
 proy'd of 'Thomai's Divinity in all other Points -, tho' he was not of 
 his Opinion concerning the Pope and the Council, he embia.:ed his 
 Opinion in the Matters of Faith ana Morality, mentioned in the 
 Letter, wherein he applauds him. It was with regard to Points of 
 Speculative Divinity and Morality that Thomas adher'd to the com- 
 mon and found Doctrine 'which was taught at Paris, and not with regard 
 to Difcipline, for the Gallican Church always flood up for the Supe- 
 riority of Oecumenical Councils, and never believ'd the Pope's Infal- 
 libility;, nor that it was lavvilil to appeal from his Decrees, as Fa- 
 ther Noel Alexander has demonftrated in his fourth Dilfertation up- 
 (a)iiift.Bc. on the XVth Century (<?). Upon this Subjeit I will fet down the 
 Tom VIII. Words of the late M ^tgor, a Member of the Grand Council of the 
 IV477><^f« King of France, wherein he Ihews that the Gallican Church always 
 maintain'd its Rights and Liberties againft the Pretenfions of the 
 Court of Rome. The PalTage is pretty long, but 'tis of the Purpofe, 
 and I am confident, that if Father Defnant had read it, he would 
 not have laid that Gerfon retraced not long before he dy'd. ' In like 
 
 * Manner, fays he, the Church of France would never accept of the. 
 
 * Brief of Pope John VIII, which conferr'd the Primacy of France 
 
 * and Germany w^o-ci Anfegifus, Bifliop of Sens, becaule it was contrary 
 
 * to the Canons. . And tho' the King interpos'd in this Matter in fa- 
 
 * vour of the Pope, yet lb it was that the Prelates would never con- 
 
 * fent to it, as it is prov'd by the Continuator of Aimoinius, 'the An- 
 
 * finer of the Bifiops ivas fucb, fays he, that they would willingly obey 
 
 * the Apojlolical Mandates of their Lord Pope John, provided that he 
 
 * preferv'd the Right of the Metropolitans fafe and en'ire, according to 
 il)Lih. 5. ' the facred Canons Qi). And at the end of the Synod. he lays, After 
 Cap, 33. * fever al Complaints made againfi the Bipops, as well, on the Part of the 
 
 * Emperor, as on the Part of the Legates of the Holy See, Anjegtfits 
 
 * gain'd as little Advantage at the Conclufion of the Synod, as he had 
 (0 tih. 5. * done at the Beginning (c). He fays alio in another Place, As the Ru- 
 Cap. m- ann.^ mour of fever al trouble fome Affairs was univerfal, and as Gregory 
 833. * Pope of Komewas-come toFi'a.nce to excommunicate the Emperor, they 
 
 ' boldly prefum'd to fay that they would by no means acquiefce in the Papers 
 
 * Will ; and if he came to excommunicate, he himfelf would return ex- 
 ' communicate, frnce he contraven'd the Authority of the ancient Ca- 
 
 i4)Cap. ap. ' nons (d). And where he fpeaks at the Council of Rheims againft 
 
 * Arnoul, he lays, Let us revere the Church of Rome, with all our 
 ' Hearts, in Remembrance of the Prince of the Apoftles, as we have learnt 
 
 * from our Anceflors ; and let us wait her Anfwer, whether it be an An- 
 
 * fwer worthy or unworthy of her, if the State of the Kingdom permits. 
 
 * Jf fi^ l^'^^^ f*^ ^^ .^'{/^yer for the Regulation of Things that are to be 
 
 * defird
 
 pr Gerson and the Council of Constance. 517 
 
 *■ (!eftr''d or a'joided^ according to Jujlice^ -we (hall preferve the Peace aihf 
 
 * Union of the Churches : If JJje i^ives Rules, ivhich are not Jufi, we ivill 
 
 * follow the Admomtion of the Apojlies. fFhofoever, thd' he were an Angel 
 
 * from Heaven, preach any other G.fpel unto you than that which we have 
 
 * preach'd U'lto you, let him be accnried. Gerbert, Archbifhop of Rheims^ 
 
 * writing to Sigwnus^ Aichbiihop of Sens, lays, May the Gufpels, A- 
 
 * pojlles. Prophets, the Eccleftaftical Canons, which have proceeded from 
 
 * the Spirit of Gid, and are confecrated by the Ufage and Obfervation of 
 
 * the whole PForld •, and may the Decrees of the Apoflolical See, which 
 
 ' are not contrary to them, be a common Law to the Catbolick Churchesl ■ 
 ' Thus therefore has the Galilean Church always maintain'd it felf in 
 
 * its Liberty of rejeib'ng any Decrees of" the Church of Rome- farther' 
 ' than they are conformable to the Canons. Now fince the Church 
 
 * of Rome has pretended to afcribe InfallibiHty and abibkite Power to 
 
 * itfeif alone :i and fince Provincial Councils are ovtr,x.hQ French have' 
 
 * maintain'd their Liberties by the Authority of a greater Power, 
 
 * viz. by .Appeals to a future Council, or Matters of Grievance reprc- 
 
 * lented to the King or his political Magiftracy, as Confervator of the 
 
 * liicred Decrees and Liberties of the Galilean Church (i). After 
 what has been laid, let Father Deftrant tell iis, if he think fit, that 
 Gerfon recanted in the latter Years of his Life. 
 
 IX. 'Tis poflible, however, that Gerfon may be right enough in 
 one refpeit : Yea, I grant it, Gerfon did recant ^ but let us fee after 
 what Manner. I will fuppole for once with this Father, that Gerfon 
 in his l^etter approv'd of the Doftrine of Thomas, upon the Article 
 of the Superiority of the Pope, and his fble Right to alTemble a 
 Council. But when was it this Letter was wrote ? It has already 
 been obferv'd that it was written at Bruges between 1400 and 140J. 
 Afthat Time, therefore, lie might entertain the fiime Opinion as 
 Thomas d'' Aquinas, concerning the Pope and the Council. But after- 
 wards, when the BuHnefs was to put an end to the Schifm, by the 
 Calling of the Council of Conflance, or by the depofing and Refig- 
 nation of the Competitors, he chang'd his Opinion, and openly main- 
 tain'd that an Oecumenical Council is fuperior to the Pope^ that the 
 Pope is not in'alliblej that he may be correfted, and even depns'd ^ 
 and that Appeals may be made from his Decrees. Thus his Opinion 
 of Things was quite chang'd. According to Father Defrant the Ar- 
 ticles jiift now mention'd, viz. that the Council is fuperior to the 
 Pope, that Appeals may be made from his Decrees, and that a Coun- 
 cil may be afiembled without him, were the Articles of Gerfon 9, final 
 Recantation j but I fay, that the Doftrine, which is the very Reverie 
 
 (i) rigor de Difiipl. Bed. Tih. III. p. 122, 123. written in iCJi;, and publifh'd i'.\ 
 idS3, at Paris. See the reft of the Paffagc above, 
 
 oP
 
 5i8 Dissertation His t. and Apo lo g. 
 
 of thefe Articles, was what he recanted, wz. the Pope's Superiority over 
 the Council, the Impofllbility of aiienibling a Council without him, 
 his Infallibility, the Illegality of appealing from his Decrees, i^c. 
 If ever Gerfon retraced, certainly it was with regard to thefe laft Ar- 
 ticles, and in that Opinion he perfifted to the End of his Life, as 
 has been i^Qtn by the Teftimony of Figor, and as will appear more at 
 large by and by. But when all is done, he never retraced once. We 
 will now ftate Father Deftratit's Proofs in Form. 
 
 , G E RSO N Ipoke with Modefty, and even with Contempt of his 
 own Works. 
 
 He alio gave the Preference, by far, to the Works of his Pre- 
 deceJfors. 
 
 He had a great Efteem for the Doftrlne of Thomas (T^quinaSy tho' 
 the latter declar'd that 'tis the Prerogative of the Pope to make a 
 Creed, becaule he is the Head of the Catholick Church, which fuch 
 Creed relates to, and that only he can allerable a General Council 
 to reprelent it. 
 
 ERGO, Gerfon did retrafl. 
 
 jl D M I S S I rifum tencatis amici. I have liifficiently prov'd, as 
 far as a Fail can be prov'd, that Gerfon never retrained at all. How- 
 ever, I will add fbme more Proofs of it into the Bargain. 
 
 X. If Gerfon ever retraced in his latter Days, no body could know 
 it better than his Brother, who was alio calfd John Gerfon^ Prior of 
 the Cteleftins at Lyons, who, in 142?, writing to ylnfelm, a Frier of 
 that Order, who had defir'd a Sight of our Gerfons Books, after hav- 
 ing faid that in his Time feveral Authors had clear'd up a great many 
 Truths which had been very much perplex'd in former Ages, he rec- 
 kons his Brother one of this Rank. ' We had a late Difcovery of this, 
 
 * fays he, at the Sacred Council of Conjlance, where, in the Name of 
 
 * Charles VI. King of France, and on the Behalf of the Univerfity of 
 ' Paris, to both of which he was folemn AmbaiTador, and in his own 
 
 * Name alio, he labour'd with all his Might to obviate the malici- 
 
 * ous Intrigues of the Enemy, left this Council, which was afiembled 
 
 * for the Union of the Church and for the Extirpation of Herefy, 
 
 * ihould be dilTolv'd and vanifh into Smoak. F'or this End, he wrote 
 
 * feveral excellent Trafls which were publiih'd in the Council. Fi- 
 ' nally, like the trufty watchful Dog of a Shepherd's Flock, he bark'd 
 
 * againft peftilential Herefies ; and it was this Zeal ibr the Truth 
 
 * that oblig'd him to leave his Houfe, his Native Country, his Town, 
 ' his Kindred, Friends, Offices, Eftate, and exposed himfelf tocon- 
 
 , ' tinual Snares {a)? Could this now be the Fate of a Man who had 
 
 T I Fol retracted the very Sentiments that had fubjciled him to the Perfecu- 
 
 CLXXV. tion? But it may be reply'd this Letter was writ in 1423, whereas 
 
 Gerfon did nat die till 1425?. It has been already obferv'd that he had 
 
 1 not
 
 for Gerson and the Council of Constaxce. 51^ 
 
 not retraced in 14;^. And if he had retraced afterwards, he would 
 not have dy'd in his Retirement, but would have gone back again to 
 his iloufe. Country and Town, with his Kindred and Friends^ and 
 would have been again poffeis'd of his Kftate and Offices according 
 to his Delire, as his Brotlier declares in thefe VN'ords, Pr^Jiolatur 
 cum ftlent to faint are Dei, fi forte fit fpes, ft venial Umpus viifercndi ejus. 
 But what invincibly proves that Gerfon did not retradlr, is, that they 
 who have made an Apology for him, needed no other Argument than 
 this precended Recantation, to anfwer the Objections drawn from the 
 Traits wherein he elbibliih'd the Superiority of the Councils over 
 the Pope , the Right ot appealing from his Decrees to an Oe- 
 cumenical Council, and the Legality of even depofng him in certain 
 Cafes, inftead of excufing him after anotlier Alanner, as they have 
 done, by laying, that he only advanced thole Principles at a Time 
 when there was an obftinate deep-rooted Schilrn ; but that he did not 
 put thole Maxims in Practice («). Thi, appears alfo very maniteft from(rt) Cerfori's 
 the Letter of Confolarioii which the Archbiihop of Lyons wi'ote to Life, Edit. 
 the Brother of the Chancellor Gerfon^ the 1, th o^ July 1429, that i^°^P/^fi>:'cl 
 is to fiy, live or lix Days after the Chancellor's Death. In this Let-'° j*J,'^^^°'^^^ 
 ter it is laid, that Gerfon has fujfer d a tedious Exile for the I'riith^ that\^Qf,_ Yo\. 
 he has confuted Herefes, and extolVd I'ritth^ that he has been a glorious CLXVII. 
 Con fe (for for it, and even a Martyr (a). It feems likewile that the ho-/js ^^ /-^w 
 neft Ccelefin had been Ibmewhat uneafy in his Mind tliat his Bro- FoI. CLXX, ■ 
 ther ihould meddle or make in Aifairs of fuch high Importance, and lb 
 liable to Contradidlion. Dont be uneafy, lays the Archbiihop to liim, , 
 at his having given a Solution of certain intricate Cafes : Believe me, he 
 has not left his Equal behind him in this RefpeSi. For as he -was ahvays 
 improving in the Field of our Lord, he never let his Pen refi till he had 
 tranfmitted the lllufration of many Difficulties to Poderiiy. Finally, if 
 he had ever retraced, he would not have fail'd to have mention'd it 
 in his Will whereby he left his Library to the Caleflins of Avigjion 
 about a Year betore his Death. / beg you, lays he, my Dear Fathers 
 and Brethren, to preferve this poor Treafure, not to alienate it, and on 
 the other hand, not to conceal it, but to communicate it according to the ■ 
 Wifdarn of the Superior.-^I have refolv^d to make a Liji not only of my 
 oiun Books and I'reatifcs, but of thofe of others (c). If he had a M'md (c) vhi fnf-ra, 
 to dilbwn any of them, then was his Opportunity to have done ic.l'ol. CLXiS 
 But I am alhamed to think liow much Time I have Ipent in the 
 Proof of a Fail lb evident as Gcrfon's unalterjible Steadinefs in thole 
 Principles which Father Defrant pretends he retraced. But there 
 was an abfokue Neccflficy of infiiiing upon it, becaufe Gerfon having 
 been one of the main Pillars of the Council of ConHa-ice, his Retrac- 
 tation of thole Principles v.'ould inevitably have given a great Shock to 
 that Council. We will now fee whether the Council oV Confiance re- 
 traced
 
 520 D I S S £ «. T A T 1 O ISi H I s t' dtld A P L O G. 
 
 traced, as the Hermit of St. Auguftin afferts in his third Difler- 
 tation. 
 
 XL The Title of this Diflertation, is, Retractcitions of the Firfi 
 Obedience of the Council of Conftance, upon the J£ls of the thirteen firfi 
 SeJJinns. Tlie Abridgment of the Dilfertation which follows, is no- 
 thing but Lies and Concradidions, from the Beginning to the End. 
 Father Dcfirant fays in tlie firfi Place, that the Gibeline FaSiion (i) had 
 loft its wretched Name^ and was changed into the Gerlbnian Fa^ion^ 
 which produced the Council of Pifii. j. 'Tis not true that the Gibeline 
 Fa£lion was fupprefs'd before the Council of Pifa. Tho' the Marfhal 
 de BoHcicaut abolilh'd the Names of the Guelphs and Gibelines at Genoa, 
 thofe FaOiions ftill harafs'd the reft of Italy, put Rome into a Com- 
 buftion in 1404, at the Time of the Ele£lion of Innocent VII ^ and in 
 i^io, Jahn-Mary Galeas DukQoT Milan, was at the Head of the Gibe- 
 (^)Hiftoiy of /'«•« (^)- Moreover, what Relation is there between the Faftion oi^ Italy 
 the Council and that of the Orleannois, or Armagnacs and Burgundians, who quar- 
 of vifa. Vol. relFd for the Government during the Sicknefs of the King o^ France ? 
 ,1 p. 249. ^ "Yhh Parallel therefore is quite out of Seafon, and can have no other 
 ■^'^ 'Aim than to render Gerfou's Conduft odious, who had no Concern in 
 any of thofe Broils, but to pacify them^ and was ib far from being one 
 of a Faftion, that he had like to have fallen a Viilim to the Sedi- 
 tions. 7. But as Gerfon very well delerves one Word of Apology a- 
 gainft the finifter Impreflions of Father Defirant, let us fee how he 
 behav'd after he enter'd on the publick Funiiions •, which is a Piece 
 of Hiftory that cannot be difpleafing. This was in 1395, at the 
 Time when the Care of all Europe was to put an End to the Schifin. 
 Gerfon labour'd for it, with the whole Galilean Church and the 
 Academy of Paris, whofe Reftor at that Time was Nicholas Clemm- 
 gis, and whofe Chancellor was Peter d'Ailli. Will Father Defihnt 
 reckon it a Crime in Gerfon, then a Profelfor of Divinity, that he 
 united with Peter d" Ailli and Giles des Champs his CoUegues, to en- 
 gage Clement VII. to give Peace to the Church, by the Method of 
 Refignation which the whole Univerlity had approv'd? This the 
 Father cannot do, becaufe, according to his own Declaration, Cle- 
 ment VII. was an Antipope. This Clement dy'd the Year following, 
 and was fucceeded by Benedict X.1II, who foleir.nly promis'd, both be- 
 fore and after his Eleifion, to refign for the Sake of the Union. But 
 fo far was he from keeping his Word, that he ilTued one Excommu- 
 nication after another, againft the Univerfity, which thereupon ap- 
 peal'd to the future Pope, becaufe France did not acknowledge 
 
 (i) There were two FaQions in tiaty ; other call'd Guelph, which was at that 
 the one call'd Gibeline, wliich was for the Time for the Popes. 
 Emperor and the Secular Princes ; the 
 
 Urban
 
 for GERSON^i'w^ ^-^f? Council <?/ Con stance^ 521 
 
 Urban VI. If this Appeal was a Crime, it was the Crime of the whole 
 Body and not Gerfon's. But what do I fay ? 'Twas the Crime of all 
 Europe-^ for the King o'i Hungary^ the Elcitors of 2r;fr;and Cologf?, tlie 
 Dukes of Bavaria, and Auflria, the Kings of Navarre and Anagonj 
 and even Benedi^fs Cardinals 'declared ibr the Method of Refignation % 
 fo that the EngliJJ} was the only Nation that preferr'd the Method o{ 
 a Council, which they were fain to have Recourle to at laft. (i) Peter 
 d'Jilli being made Biihop of Cambray^ in i ; gt , Gerfon liicceeded him 
 in the Office of Chancellor which he preferr'd to the Employments at 
 Court, and which the Duke of Burgundy was very glad to procure for 
 him to put him out of the Way, becaufe if he had ftay'd at Court 
 he would have efpous'd the right Party, viz. the Intereft of the 
 King and the Royal Family. In this Poft he omitted nothing which 
 might contribute to the Glory of the Kingdom, to the Peace of the 
 Church, to the Advantage of the Univerfity, and to the Improve- 
 ment of Learning. Mean time the Schilm ftill continued. And 
 the Church was reduc'd to liich Extremities, on the one hand, by the 
 Artifices of Benedid, XIII, to retain the Pontificate, notwithftanding 
 his Engagements i and on the other hand, by the immoderate Si- 
 mony of Boniface IX, that all Mankind thought it on the Brink of 
 Kuin, without a ipeedy Remedy. All Trance^ and even Foreigners 
 apply'd for this End with one common Voice to Charles VI, and at 
 that Time every Thing depended upon the Univerfity of Parii and 
 its Chancellor, who was no longer fupported by Peter d" Ailli and Ni- 
 cholas de Clemangis^ the latter being cali'd to Jhigno?;, there to adl as- 
 Secretary of State : So that Gerfon had all th: Burden upon his Shoul- 
 ders, befides Benediffs Party at his Back, of whom there were feveral 
 in the Univerfity, who, for the fake of obtaining Benefices, cherilh'd 
 his Obftinacy, and by confequence the Schiliti (_a). In 1351S. it was (^) Hiftoryof 
 relblv'd in France to revolt from the Obedience ?of BenediSl. Gerfon the Univerfi- 
 was fo little inclined to every Thing that had the leaft Air ot Se- ty°ff'»'", 
 dition, that he was uneafy at this Revolt, but contented himJelf with ^■^^•2'i^^ 
 not oppofing the Publication of the Edi£t for that Purpofe, which 
 was read by his Collogue Giles des Champs (J?). Mean time, notwith- (/,;) ceyf. Of. 
 Handing his pacifick Diipofition, he was expos d to ib many Lifappoint- T. II. p. i, 
 ments, Injuries, imminent Dangers, Inftiltsand Opprefllons of every 2-. 25- ^«'/"- 
 lind, that he was forc'd in the Year 140c- to retire from Paris '^y"^'^^' 
 to Bruges^ more like a Martyr than a Difturber of the Peace. He 
 exprefles this in very moving Terms, in a Letter which he wrote 
 from that City to his Friends at Paris, giving an Account of his 
 Retreat. Indeed never was Situation more Ihocking than his, lince 
 he was to trim between two Parties, combin'd againfc each other with 
 the utmoft Fury. We will hear him relate his DiftrelTes. < I am 
 
 (O This may be fecn at large in the Hiftory of the Univerfity oi Paris. Tome IV. 
 
 Vol. II. U u u forc'd
 
 522 D I S S E R T A T I O N H I S T. dlld A P O L <> G, 
 
 * forc'd, fays he, to obey feveral powerful Matters who hate each other 
 
 * mortally. I don't name them, they are lO well known (this was the 
 
 * Duke of Orleans, the King's Brother j and the Duke of Burgundy.') 
 
 * I am oblig'd to take Steps contrary to my Inclination, out of Com- 
 
 * plaifance to Friends, who at the fame time have not Power enough 
 
 * to fcreen me from a potent Faftion, which flanders every thing I do, 
 
 * and turns every thing that I lay, againft me, I am conftrain'd to op- 
 ' pole Sollicitations as unjuft as they are importunate, or to contraft 
 
 * Guilt by not oppofing them, I am under a Neceflity by falling in with 
 
 * the Torrent of Cuftom, to advance ignorant and diflblute Perlbns, to 
 
 * the Prejudice of Perlbns of the beft Qualifications. I am compell'd to 
 
 * throw my lelf into the Waves of a ftormy Court, or topafs for an un- 
 
 * grateful Man ^ and I mult follow the Multitude, to do what I neither 
 ' like nor can juftify, or be deem'd an Enemy and a Man of Ambition. 
 
 * I am foin to Ipeak againft my Conlcience, or to bear with Silence the 
 ' pernicious Doftrines which Ibme have already planted (meaning Ablb- 
 
 * lute Power, theTnfallibility and Independence of the Pope, and the fe- 
 
 * ditious Propofitions of John Petit') and if I fhould call them in Queftioa 
 ' my Life would be in Danger, and the Truth too perhaps, by Ipeak- 
 f ing it out of Sealbn — .' Is this now the Charafter of a feditious Perfon ? 
 
 G ERSON returning aga/nft his Will, by Order of the Duke of 
 Burgundy, to whom he wilh'd he had no Obligation, was expos'd to- 
 frefh Attacks. This was in 1405, when it was debated in France, 
 whether the Obedience fhould be reftor'd to BenediSl, who pretended 
 that he would be as good as his Word. Gerfon, as well as the Duke 
 of Orleans, was for reftoring the Obedience, but upon certain Con- 
 ditions ; and accordingly it was reflor'd to the laid Anti-pope. The 
 Moderation of the Chancellor did not fail to raife him Enemies, of 
 whom fome were for an unlimited Reftoration of that Obedience, 
 and others would not hear the leaft Mention of any Reftri£tion : So 
 tliat whatfoever Courfe he fteer'd, whether he put on Refolution, or 
 choic Complaifance, he was liire to pleafe no body. He hid as 
 many Contradiclions to ftruggle with, when he went in the Name of 
 theUniverfity to wait upon Beneditl, both at I'arafcon ?indi Marfeilks, 
 (4) T. I. p. as may be feen in the Hiftory of the Council of Pifa (a), in Ger- 
 '^l^iJ^^' fonts' Life by D. Fonder Hardt (b), and in the Complaints he made 
 \X Hift of ' ^° Pete^ d'Jilli and the Duke of Orleans (c), that finifter Conftruc- 
 thc Uni'verfi- tions were put upon his beft Intentions (d). In 140-, he made a 
 ty of tarii. Speech before the King, which was lb far from breathing Sedition, 
 T. V. p. Si, that the fole Tendency of it was to reconcile the Failions of France^. 
 ^d\oi) Gerf ^^^ ^° reform the Kingdom. 
 
 T. II.' p. 74- BONIFJCEW. being fucceeded by Innocent VTI. and he by 
 Gregoryy^Xi, Gerfon negociated with thele two Succeffors for the Uni- 
 on of the. Church, and elpecially to obtain an Interview betwixt BenediSi 
 
 and.
 
 for GEKion and M^ Council <»/ Constance. 525 
 
 and GregoryiX. Ssvona. In 1407. he was one of the Deputies or Am- 
 balladors fent by the King of France to thefe two Rival Popes to en- 
 gage them to give Peace to the Church, by their Refignation. All 
 this while there was no Sedition'^ Gcrfon atted by Order of the King 
 his Mafter •, and his Collegues in the Embally were a Patriarch, an 
 Archbilhop, five Bilhops, live Abbats, three temporal L.ords, and ten 
 Doctors of Divinity and Law, exclufive of the A'lafters of Arts. 
 Nor can the Speech be chargeable wich Sedition, which he made at 
 Rheims in 1408. for the Reformation of all the Ecclefiaftical Orders, 
 and to demand the Calling of an Oecumenical Council. This was a 
 Sedition and Herefy, of which not only France was guilty, but al- 
 moft all Europe, and even the Cardinals of the two Obediences ^ be- 
 caule, except four or five, they united to afiemble a General Council 
 in order to oblige the Competitors to refign, or to depole them and 
 eleft another, as happen'd at the Council of Pifa in 1409. 
 
 3. Father Dejirant may call that Council a Ichifmatical Conventicle 
 and a Faftion, as long as he will ^ 'tis not, however, a Gerfonian Fac- 
 tion, as he treats it j it will appear to be a Faction, confifting of twenty 
 two Cardinals, four Patriarchs, twelve Archbifhops, fourlcore Bifiiops, 
 befides the ablent, who had their Proflors in the Council, the Abbats, 
 Regular Superiors, Provofts, Canons, the Temporal AmbafTadors, 
 and a great number of Divines, among whom Gerfon did not make 
 one, as our Author owns (a). 'Tis true, that he approv'd it, and (^^ Din^t. 
 even made a Speech in its Favour to the Englijh Arabafladors, who ill. p. 5, 55: 
 were alfo Part of the FaBion that went to the Conventicle of Pifa. 
 It was even before this Council that he wrote a Treatife about the 
 Means of uniting the Church, wherein he gave the Method of Re- 
 lignation the Preference to all others ^ but this was at that Time the 
 general Opinion. Be it as it will, I find Father Defiranfs Opinion 
 attended with a great Inconveniency, which is this, viz. if the Coun- 
 cil of Pifa. was no more than a faftious Conventicle, it will follow that 
 all the Popes who have lac fince Alexander V, to the prelent, de- 
 Icend in a direft Line from a Conventicle and a FaElion. This was ftre- 
 ruoufly reprefented by Cardinal Julian Vice-Prefident of the Council of 
 Bafilj to Eugene IV, when he was inclin'd to diffolve that Council, 
 as Lewis Maimhourg has very well obferv'd in thefe Terras. ' And 
 
 * would to God, fays be, that Cardinal Bellartnine and M. Schelftrate, 
 
 * had but read this Epiftle before they had made an Objeftion to us 
 
 * which has Hich dangerous Conlequences in the Train of it. I am 
 
 * oblig'd (fays the Cardinal to the Pope) moft holy Father, to remon- 
 
 * ftrate to your Holinefs, that if the Decrees of Conflance, which 
 
 * the Council of Bafil has renew'd, are of no Authority, that by 
 
 * which John XXIII. was depos'd is not valid. If this be the Cafe, 
 
 * the Eleftion which was made of Pope Martin V. during the Life 
 
 U u u 2 * of
 
 >-;4 
 
 (a) Maitnh. 
 Hiftory of 
 the Church 
 ofRome^p.m 
 
 221, 222, & 
 
 ap. JEneam 
 Sylv. p. 141, 
 142. 
 
 (J) Girr/ 0/>;i 
 T. II. Part 
 ill. p 431, 
 442. 
 
 (0 Hift. of 
 the Univerfi- 
 ty of Varis, 
 T.V.p. 284- 
 
 <<r)Hift. of 
 
 the Univerii- 
 tyof P^riz, 
 
 T. V. p. 221, 
 
 227. 
 
 (e) Ibid. p. 
 228, Cff. 
 
 (Pibid. p. 
 235. 
 
 Dissertation Hist, and A p o l o g. 
 
 * of ^ahn XXIII, is null and void, and the Ele,:lion of your Holi- 
 ' nels the fame by confequence, because you were chofe by Cardi- 
 
 * nals created by a Perfbn who was not Pope. 'Tis evident, that for 
 
 * this very Reaibn, all other Eleftions that have been made from 
 
 * Martin V. to the prefent Pope, would be illegal {a). 
 
 4. ALEXANDER V, who dy'd in the Year following, and 
 was fucceeded by 'john XXIII, having given the Friers Mendicant 
 
 ' Authority by a Bull, to preach wherever they picas'd, to confefs and 
 perform all the Pafloral Functions, independently of the Ordinaries^ 
 and to the Detriment of the Parifh Priefts^ the Univerfity openly 
 oppos'd it, and prevailed with the King to fupprels the faid Bull. It 
 muft be confefs'd, that Gerfon was the Man to whom the Suppreffion 
 of it was chiefly owing, as appears from the Sermon he preached at 
 Paris againft that Bull, on the Part of the Univerfity (^b). That, 
 perhaps, was the Beginning of the Gerfonian Sedition. But it was 
 equally the Sedition of the King of Franca^ the Univerfity of 
 Ptw/J, and of John XXIII. hirafelf, who Hicceeded Alexander V, be- 
 caule he revok'd his Predecel'for's Bull by one of his own in 14 10 (f)» 
 And indeed th€ pretended Sedition was carry'd farther in Trance^ for 
 there they appeal'd to a General Council, againft the Pretenfion of 
 John XXIII. to the Tenths and Revenues of the vacant Benefices. 
 But it does not appear that Gerfon had any more to do in that Af- 
 fair than others: And John XXIII, who is fb much concern'd, 
 did not look upon that Appeal as Sedition, becaufe in i.^i:. he grant- 
 ed the Univerfity two confiderable Privileges ^ the one, which was 
 the Power of abfolving by the Chancellor, John Gerfon, all thole of 
 their Body who might be under Cenfiirej the other, that fuch of 
 the Univerfity as ihould have A£l:ions brought againft them, fhould 
 not be obliged to anfvver before the Apoftolical See, but only before 
 the Bifhop. This is very plain from two Bulls of that Pope, the one 
 direfted to Gerfon, the other to Gerard de Montaigu, Bilhop of Pa- 
 ris {d). "Which the Pope confirm'd by his Bull to Alaman, Cardinal 
 Prieft of St. Eiifebitis, his Legate in France (e). 
 
 5. In 141?} Gerfon was lb far from being a feditlous Perfbn, that 
 as he endeavour'd to quell the Riot of the Butchers, he had like to 
 have loft his own Life in the Quarrel, being plunder'd by that, 
 mad Rabble, and forc'd to go and hide himfelf in the Vaults of 
 a Church (/). The Sedition being fupprefs'd, Gerfon, by Order of 
 the Court, was employ'd at the Head of the Univerfity to quiet the 
 Kingdom, in which he fucceeded, and generoufly begg'd the King 
 to pardon the Rioters, which he obtain'd. In the Difcourfe he made 
 upon this Occafion, he demanded the Condemnation of the feditious 
 Propofitions of John Petit, which could not be obtain'd till then, be- 
 caule of the Ravings of the Burgundian Faftion, to which that Monk 
 
 ■ " " " had
 
 fcr Gerson «//^ ^/^"^ Council <?/ Constance. 525 
 
 had been Advocate. For this Purpofe there was a General Affembly 
 of the Univerfity, wherein Gerfon made that Difcourle, the Subftance 
 of which is mention'd in the Hiftory of the Council of Pifa. John 
 Peiith Propofitions vvere condemn'd by the Univerlity, by the Bilhops 
 Council of Faith ^ and the laid Condemnation was confirm'd by an 
 Edidt of the King of France^ dated in July 141 5. Hitherto Gerfon 
 is as far from Sedition as Heaven from the Earth. 
 
 7. In 141-ij Preparations were made for the Council at Conjlance^ 
 to which the Univerfity lent Deputies : And Gerfon 'being at the 
 Head of them, this, perhaps, is the Epocha of his Sedition. And 
 indeed it was at that 1 ime that he was more perlpicuous, more ftre- 
 nuous and bolder than ever, in maintainirg thofe Propofitions which 
 Father Defirant treats as leditious, I'iz. That a General Council is 
 fuperior to the Pope: That the Pope is inferior, and oblig'd to liib- 
 mit to it : I'hat there are Cales in which a Pope may be depos'd : 
 That Appeals may be made from the Pope's Decrees to a General 
 Council. But I don't know what Spite Father Defirant can have a- 
 gainft Gerfon^ to place this Doftrine to his Score alone, and to call 
 it his SecUtkn. Why did he not impute it rather to Peter cC Ailli^ 
 who was Gerfon's Tutor, and who, as F'ather Defirant agrees, taught 
 him thole Principles («)? But when all's laid and done, it was the Se- ia)D'ffert. T, 
 dition o\' Philip the fair, who, above 50 Years before Gerfon was born, P- 1<^8. 
 appeal'd from Boniface VIII. to a General Council, and who, let St. Au- 
 Jiins Hermit fay what he will, did not retrafl:. This was Sedition, of 
 which the whole Council of Pifa was guilty, and it had alio infeded 
 Gtrmany : For of the Diet o'i Franckfort, in 1408, there was a Doftor 
 of Laws, one Robert de Franzola, an Advocate of the Ccnfiftorial Pa- 
 lace of MentZj who publickly maintain'd the Hime Doctrine as Ger- 
 fon (Z-). This was likewile the Sedition of Italy, where the Univer- (5)Hiftoryof 
 lities came to a Conclufion that a Council might be affembled with- ^^? Council 
 out the Pope. It was the lame at the Council of Confiance, where j^ ^'^^ '*''"^ 
 Gerfon being authoriz'd with Inftruftions from his Univerfity, and -..^' " * 
 from the King, advanced nothing of his own Head. The Hime was 
 the Sedition of the Germans, the French, the Englijh, the Spaniards, 
 when united, and even of moft of the Italians. But let it be this 
 Gerfon, or any other, 'tis not to be conceiv'd how Father Defirant 
 had the Courage to plunge himfeli deeper in the Mire, and to ftand 
 againft fo Iblid a Recrimination as this to which he is liable. I ap- 
 peal to every difinterefled Judge to know who are the Seditious: 
 They who liood up for the ancient Canons, which fubjcfted the Pope 
 to General Councils ; or Gregory VII, and his Succeflbrs, who frani'd 
 a new Canon Law to give them a Defpotick Power over the Cathc- 
 lick Church, and over all the States of Chriilendom. I do not de- 
 clare ray Opinion here, whetlier Urban VI. or Clement VJI. was the 
 
 lawfjl
 
 5:d Dissertation Hist, mid A p o l o g. 
 
 lawuil Pope, anJ am ready to agree with Father Defirantj that Ur^ 
 hau^ and conrequentiy his Siiccellors, were the true Popes. But all 
 tliat I demand is, who were the Seditious ^ whether they who were 
 lor promoting the Union of the Church, by the Refignation oi' the 
 Competitors^ or Urban VI, Boniface IX, Iv.nocentNW. and John 
 XXIII, who were for holding the Pontificate in Ipite of the whole 
 Church, and combin'd together to continue the Schifm. 
 
 7. But here comes the Sedition; which is, that by G«yo«'sown 
 Confeffion, the Dodrine of the Superiority of a General Council over 
 the Pope, and of the Legality of appealing from the Decrees of the 
 Pope, is a new Do£lrine, of which no mention was ever heard before 
 the Qiiarrels of Philip the Fair with Boniface VIII j and that this is 
 an Error renew'd by Gerfon, and by the Councils of Pifa and Conflance. 
 (*)D;Jcrf. VV^e will hear what Father Defy ant fays himfelf (^). 
 II P- 157. AU RF.A Ecclefia GaUicants fecula proferimtis tifqae ad Regem Lu- 
 £ee alfo Diff. ^oincum SanSfum, qui hujus nominis Nanus dicitur, piumque diem claufit 
 jjP" "^^ '^^ Carthagine anno 127c, viventibuSj i^ communem Parijienfis Univerfita' 
 tis DoHrinam promoventibus Divis Bonaventura i^ Thoma Aquinate, 
 qui ambo 'uitara anno 1274. fan£tijjime finicrunt. Prifca fides regnante 
 Ludovici filio Philippo ill. qui anno 128) obiit^ perdurtivit. Philip- 
 pus IV. Philippo Patri fucceffit eodein anno, ^ dum fanElo Cxleftino 
 PapiS anno 1%-^^, fponte renuntianti furr Ogatas ejfet Bonifacius VIII. 
 infaufla muiationis Epocha originem duxit ah impugnatd Bonifacii VIII. 
 eleilione^ cujus nullitatem primi fateUites novitatis, in renuntiationis aufi 
 Jlabilire inipotentia^ Orbem Catholicum Bonifaciano crimine conturbArunt. 
 Him initia dolorum. Error impotens Succefforibus difpUcuit, fed non er- 
 randi licentia. Inconfiantia malum geminavit. Partem enim ipfis fuit^ 
 decejj'ores ftios in hoc^ quod Papatiim inauferibikm dixijfent^ deferere, 
 dummodo Romanos Pontifices per DoSlrinam contrariam parili aufti infef- 
 tarent. Crimen loquimur Urbanianum, cujus Au&ores, Succefforefque^ 
 mult a quidein adversiis Pfetido-Pontifices, quos adoraveranty contradi&oril 
 gejferunty (y ma?2iium fuarum opera fcedarunt, dignam verb poenitudinis 
 viam, honoris appetitii vi5tiy ajfumere detreSlarunt. Olim pro Papa Ih' 
 auferihilitate certaverunt ufqiie ad furorem. Johannes Gerlbnius nunc 
 in lucem dabat Ubellum, De AuferibiHtate Papx ab Ecclefia. Extat 
 Tomo I. p. i5'4. Et is quidem totius argumenti, pro componendi 
 longi Schifmatis modo fabricati, promus & condus fuit. Gloria hac 
 Univerfitatis Parifienfis^ fi. Cancellario ejus credimuSy tunc temporis erat 
 ut ipfa Schifmatis quod foverat^ componendi ordinem prtefcriberety nova- 
 que Orbi Catholico jura daret. 
 
 We will now fee Gcrforis Words , wherein Deftrant pretends 
 he makes a Confeffion that before the Councils of Pifa and Con- 
 Jiancty it was reckoned unlawful to appeal from the Pope to a Gene- 
 ral Council. * The Contempt of the Keys, fays Gerfony is more 
 
 * dangerous
 
 for Gerson and the Council of Constance. 527 
 
 * dangerous, with regard to the Pope, than with regard to Inferiors, 
 
 * becaufe Reconrfe may be had to the Pope, by way of Appeal, 
 
 * againlt the Impofition of Inferiors. And if it be faid that an Ap- 
 
 * peal may be made to a General Council, 'tis true, they Hiid formerly 
 
 * before the General Councils of Pifa and Conftance^ that it was not 
 
 * lawful \ and they made iuch exprefs Allegations of their Rights 
 
 * as to them feem'd good. But now we are plainly affured that 'tis 
 
 * a Herefy, condemn'd by a very exprels Conllitution of the Council 
 
 * of Conflance^ which was there put in Execution.' There are fome 
 Remarks to be made upon this Palfage of Gerfon quoted by Father 
 Defirant. i. It appears from it, that the Pope may abule the Keys^ 
 which is a Blow at his Infallibility. 7. This Manner of Speaking, 
 they faid^ does not denote a general and unanimous Opinion •, but ra- 
 ther a particular Opinion, and one that is not approv'd, as was the 
 Opinion of the new Canon Lawyers. 5. The heretofore {plini) of 
 Gerfon may be extended or limited according to Diicretion, and may 
 as well be underftood of a hundred Years, as of a thoufand. j. Ger- 
 fon explains himlelf fully enough, by faying that thole Perlbns had 
 their Rights, which can only be underftood of a particular Law, fuch 
 as is the modern Canon Law, introduc'd fince Gregory VII, that 
 is to fay, above 300 Years before the Councils oi Pifa and Conflance. 
 5. This Opinion is call'd a Herefy, which had prevail'd in Proceis of 
 Time, and which the Council of Conflance had condemn'd. This 
 therefore is not lb much a Confeffion as an indirefl: Cenfiire of the 
 new Canon Law. If Gerfon had laid, that in all Times before the 
 Councils of Pifa and Conflance, it was every body's Opinion that ic 
 was not lawful to appeal from the Decrees of the Pope, this would 
 have been a Confeflion of the Novelty of his Principles. But we Ihall 
 find the very Reverie in the Treatiles he wrote upon the SubjeO: be- 
 fore, during, and even after the Council of Conflance. 
 
 However, we will tell Father Defirant of another Confeffion, 
 made by Gerfon, in which, perhaps, he will find his Account better. 
 It did not efcape Father Petitdidicr (a), of whom we will Ipeak here- {a) Train 
 after. But as he has curtail'd the Paflage, we muft give it as it TbeoUg, &:,-, 
 ftands. Gerfon fpeaking of the Privileges with which the Popes are P- 5- 
 flatter'd, explains himlelf thus: ' Flattery, lays he, lets him above 
 
 * the Law, and gives him the Power of taking away anotlier Jvlan's 
 
 * Right. It fays that 'tis by no Means poffible to appeal from his 
 ' Judgment, nor to bring him before any judicial Court, nor to with- 
 
 * draw from his Obedience, cfpecially where it is not a Cale of JHle- 
 
 * refy. None but he can make a Creed-, none but he can treat of 
 
 * Articles of Faith and other greater Caufes j none but he can give 
 ' Decifions, Rules, Laws and Canons. And whatever is delin'd, de- 
 
 * creed, drawn up, and enabled otherwife, is null and void ; whereas - 
 
 "• nothing;. 
 
 i:
 
 5--:8 D I s s E R T A T I 6 N H I s T. and A p o l o g. 
 
 ' nothing that he orders can in any fort be repeal'd but by himfelf, 
 
 ' and he cannot be bound by any other Conftitution whatloever. I 
 
 * am miftaken, if leveral, whom we may rather call Men of Letters 
 
 * than LiCarning (^Litteralium nmgis quam Litter at or urn) were not ib 
 ' fondly pofieis'd of this Tradition, before the Celebration of the 
 ' Sacred Council of Conflance^ that the Man who Ihould have pre- 
 
 * liim'd to maintain the contrary Opinion, would have been condemn'd 
 
 * for a Heretick. Here is a Proof of it, wz. That after a Declaration 
 
 * as clear as the Sun at Noon-day, from Principles of Theology j 
 ' and what is ftill more important, after the Determination and Prac- 
 ' tice of this lame Sacred Council , there are fuch Perfons in 
 
 * the World as fear not to affirm fuch Things in publick, fo deep 
 ' rooted is this mortal Poifbn of ancient Flattery, and Ib far has it 
 
 (.A)Gerf.op. * Ipread like a Cancer to the very Bones and Marrow (^). There's 
 T. II. p. 247 a Confeffion of Ger/oa, and fuch a Confeffion which is very conibund- 
 ing to Father Defirant^ and thole of his Clals. i. 'Tis Flattery 
 which he firft makes to fpeak, and then banters its Language. 2. fie 
 Ipeaks, and that doubtingly (fallor^ but o^ federal, ai^d not of all. 
 3. They are not Men of Learning:, they are only hackney Scriblers 
 to the Court of Rome. 4. He Ipeaks of this Doftrine newly fup- 
 prefs'd by the Council of Confiance^ not as of a Tradition in gene- 
 ral, of a Tradition drawn from the Principles of Theology •■, but as of 
 a certain Tradition {ifta Traditio') which might indeed be very an- 
 cient, becauie it might be about three hundred Years old. 5. 'lis 
 for this Reafon he calls it an inveterate Cancer, and a mortal Poilon, 
 which has been a long time coniuming the Marrow and corrupting 
 the whole Mafs of Blood, Tarn radicatum efi ut cancer ferpenSy tarn me- 
 duUitiisimbibitum fuit : Hoc Prisc^ Adulationis Virus Le- 
 
 (i) Tom. 11. THIFERUM Qi). , , , ^ 
 
 Cow^rf. XII. After all, now what does this fignify to the Point in hand? I 
 p. 247. vvill grant all that Father Defirant would have. Nay, many Ages 
 
 before Philip the Fair, it was the Opinion that it was not lawful to 
 appeal from the Pope to a General Council, becauie the Pope is a- 
 bove a Council^ and Gcrfon himfelf has own'd it. Well, be it ib. 
 Then, Gerfons Doctrine is not ancient, and is by confequence fediti- 
 ous. The Concluiion is quite wrong in both Members of it. Every 
 body knows that there is nothing more ambiguous than thele Words an- 
 cient and modern, they being Relative lerms, which may be extended 
 and limited, according to the Cafes to which they are apply'd. A 
 Doctrine of fix hundred Years Growth, for inflance, is ancient, with 
 regard to a Doctrine of only a hundred Years old ; but 'tis modern, 
 with regard to one of a thouland Years. Now, that Gcrfori's Dcc= 
 trine concerning the Superiority of Councils, is more ancient than that 
 of Father Defirant and the Ultramontanes, is a Thing lb notorioufly 
 
 publick.
 
 for Gerson and the Council of Constance^ 52^ 
 
 publick, that to prove it, would be needleis •, one need only refer the 
 Reader to the Authorities of the Fathers and Doftors, who liv'd 
 before tlie new Canon Law, pnd who arc quoted by Launois, Richer j 
 V'tgor^ Noel Alexander, Alaunhourg^ Diipin, and by other Divines of 
 the GaUican Church, who have let this Fad in the clcarefl: Fvidence 
 that can be : Ana to fay that they are Heretical AutJiois would be 
 nothing at all to the Purpolc, becaule the Thing in Queftion here is 
 not a Point of Law bat of Fatt, i-iz. Whether the Infallibility of 
 the Pope and his Supciiority o\rer General Councils, were Things be- 
 liev'd in the Ages before Gregory VII, and the new Canon Law. 
 Now the Negative is demonftratively prov'd in thole Authors. Ne- 
 vcrthelels, to tatisty Father Defirant, it v/ili be necelfary to colIeiH: a 
 few Sketches, to iliew the Antiquity of Gcrfon^s Principles, of which 
 I Ihall tind fome in every Century, even down to thac in which the 
 Chancellor flouriih'd, and my Guide fhall be Father Noel Alexander, 
 in the fourth Seftion of his IVth Dilfertation on the XVth and 
 XVIth Centuries. 
 
 XII. The Grand Controverfy, which arofe in the lecond Centu- 
 ry, concerning the Day for the Celebration of the Paflbver, or 
 Rafter Sunday^ was not determin'd but by the Authority of the Ge- " 
 neral Council of Nice, the Churches of Jfta refufing to fubmit to 
 the Authority of Pope ViElor, in Defiance of the Fxcomraunica- 
 tion which he had fulminated againfl; thofe Churches {ci). (^) Eufeh, 
 
 The Dilpute which arofe in the third Century, for and againftn/y^. -Eal. 
 the Neceffity of re-baptifing of Hereticks who were received into the Crt/i. xXIIIj 
 Pale of the Church, is as much known as the other. y/Fn^^/'/a«j and XXIV. 
 St. Cyprian, Bilhops of Carthage, Firmilian, Bifhop of Cappadocia j 
 Denys, Billiop of Alexandria, and their Churches, did not think the 
 judgment of Pope Stephen infallible, who maintain'd .that Hereticks 
 ought not to be re-baptiled, becaufe thofe Biihops and Churches per- 
 fifted in conferring Baptilm upon them again, till the Matter was de- 
 cided in a Full, as St. Auftin calls it, that is to fay, in a General 
 Council. St. Auftin, who did not think it was proper to rebaptile 
 Hereticks, does not rail againfl: the Bifhops and Churches which 
 had taught the reverie, before the Affair was decided in an Oecu- 
 menical Council \ but on the contrary, always fpeaks of them with 
 great Relpeih But after the General Council ol Carthage, which de- 
 cided the Affair in Favour of Stephen, he did not fpare the Donatifts^ 
 who refus'd to fubmit to him ; and Vv'hat is very remarkable, is, that 
 he always oppofes them with the Council, without ever mentioning 
 one Word to them of Pope Stephen. 
 
 It was the lame in the fourth Cen'airy, in the Caufe of Cecilia:-/, 
 Bifhop of Carthage, whole Communion the Donatifts had abandon'd, 
 on pretence that he had his Ordination from the Bifhops who had 
 
 Vol. II. X X X bctray'd
 
 530 
 
 Dissertation Hist. <3;/<:/ A p o l og. 
 
 betray'd the Books of the Bible to the Pagans (Xfaditores) Ceci- 
 lian being abfolv'd in a Council at Rome^ wherein Pope MeUhiadcs 
 prefldedj the Donatijis v/ould not abide by that Authority, which 
 St. Aiijlin does not impute to them as a Crime •, nor does he upbraid 
 them with having rebell'd againft an infallible Judges but, on the 
 contrary, tells them that if they were not content with the former 
 Judgment, they ought to have recourfe to an Oecumenical Council. 
 IVe ivill admit, fays he, that the Bifiops, nuho gave Judgment at Rome, 
 ivere not good judges, there was flill remaining the Full Council of the 
 Cathohck Church, in which the Caitfe might be difcufs'd in prefence of the 
 very fame Judges, and ivhere, upon their being convitled of having given 
 (^■) tpifi. "wrong Judgment, their Sentence would have been reversed (a). Thus 
 XLIII. ai we find St. Auflin deeply engaged in Gerfon's Sedition. 
 Gloriammeu- FATHER Noel Alexander did not think it to his Purpofc to bring 
 ^"'' into the Account, the Letter from Pope Siricius to Anyfius, and the 
 
 other Biihops of Illyrium, wherein that Pope owns himlelf inferior, 
 not only to a General Council, but alio to a National Council, fuch 
 as that of Capua j and what is yet more, to the Deputies of that Sy- 
 nod, who had referr'd the Caufe of the Heretick Bonofus to Anyfus, 
 and to the other Bifhops of Macedonia. This Argument^ fays Noel 
 Alexander, proves nothing at all, becaufe it proves too much. For my own 
 part, who have not the lame Arguments to produce as Father ^/ex- 
 ander had, I Jhall the more willingly make ufe of this Argument, 
 becaufe by his Confellion, it was made ufe of by James yllmain, and 
 other Catholick Authors. Thele therefore are the Words of Siricius 
 to the Bifhops abovemention'd. In the firfl place, thofe ought to be the 
 Judges, to whom the Power of Judging has been granted. For as we 
 have already written, you decree in the Place of the whole Synod ; and 
 for our parts, tis not convenient for us to give Judgment, as if we had 
 (S-) Vitul. the Authority of a Synod (Ji). Thus therefore wc fee the National Sy- 
 ■AUx.vl.fu^y.y^Q^^ and even its Deputies, above the Pope, by its own Decrees. 
 p. 5751. c. 2. -pj^g ^■i.ra.z thing appears in another Aifair, which happen 'd in the 
 Time of St. Auflin, and of the Popes Zozimns, Boniface I. and Ce- 
 leflin I, in the Beginning of the fifth Century, viz.. the Affair of 
 Apiarius, Prieft of Si'-ca in Africa. This Priell having been degra- 
 ded by his Bifliop, appeal'd to Rome, to Pope Znzimus, who favour- 
 ably received the Appeal, reftor'd the Prieft, and lent Faujlinus 
 Bilhop of Potenza into Africa, with two other Legates to re-examine 
 the Affair. JVIean time Zozimus dying, Faujlinus in vain attempted 
 the Reftoration of Jpiarius ; for the Bifhops of Africa met in a Sy- 
 nod, and confirm'd the Degradation of thac Prieft, notwithftanding 
 the Sentence of Zozimus. St. Auflin, who was at that Synod, wrote 
 about it in the Name of the Synod, to Celefiin L in thefe Terms. 
 f We earneltly intreat you not to be lb ready hereafter in giving 
 
 * Audience
 
 7 
 
 for Ge%so^ and tbe Council <?/" Constance. 531 
 
 Audience to fuch as come to "you from hence, and no longer to 
 admit to your Communion thole whom we liave excommunicated ^ 
 becaufe your Reverence iFencrabUitattm) will eafily perceive tliat 
 it has been lb detcrmin'd by the Nicene Council. For tho' the 
 
 * Precaution of this Council leems to relate only to the inferior 
 
 * Clergy, and the Laity j it ought to be obferv'd with much more 
 
 * Realbn with Regard to the Bilhops, for fear it fhou'd happen that 
 ' the Perlbns, who have been excommunicated in their Provinces, fhou'd 
 
 * be reftor'd by your Holinefs, precipitantly, and illegally {A tua. 
 
 * San^itate, velfeflinaib^ vel pr^pofiere^ vel indebite rjideanttir Communi- 
 
 * oni rejlitui) May your Holinefs alio reje£t the unjuft Refuges (Appeals) 
 
 * of the Priclls and other Clergy, as becometh yoii, becaule this Right 
 
 * has not been taken away from the Jfrican Church by any Decilion 
 ' of the Fathers, and becaufe the Decrees o'i thz Nicene Council havs 
 
 * exprefsly aUign'd over, as well the inferior Clergy, as the Bilhops, to 
 ' their Metropolitans. For, we don't lee the Conftitution of any 
 
 * Synod, by which there is an Order for any Perfbn to come from 
 
 * your Holinels as Legate of Latere (a)^ Thus we find the Pope (<i) j;^*. yj/c-f, 
 declar'd inferior to Councils by St. Auguliin^ and by a whole Synod, uhi fupr. p. 
 
 The Oecumenical Council of Ephefus alTembled in 431, againft 339-c- ii ^v 
 Nejlorius, is another plain Proof that the Popes did not pretend at 
 that Time to be fuperior to General Councils, and that their De- 
 crees ought not lb far to be acquielc'd in as to make every other 
 Decifion unneceiTary. i Tiiis Synod was affembled by Tbeodofius Ju" 
 Tjior, and even, if we may believe Father Pagz, without the Ad- 
 vice of Pope CeJeJlifi I, which at once demclilhes the Pretenfion 
 of the Popes that the Right of alTembling General Councils appertains 
 to them alone. 1. Cyril 0^ Alexandria having given Advice of Nejlo- 
 rias's Errors to Pope Celejline I, the latter allembled a Council at 
 Rome, wherein Nejlorius was condemn'd to be deposed if he did not 
 retraft in ten Days after his Acculation j and the Execution of the 
 Sentence was committed to Cjn/of Alexandria. Mean time, the Em- 
 peror liimmon'd a General Council, and order'd alfo tliat Things 
 ihou'd remain in the fime State without any Innovation, till it was 
 affembled. Whether or no this Council was ordered by the Empe- 
 ror at the Inftigation of Nejlorius fignifies nothing to the Queftion •, 
 but it from thence follows, that tJie L'etermination of Rome was 
 what they did not adhere to at that Time, and that Cclejlins Sen- 
 tence was fulpended till tlie Judgment of the Oecumenical Council. 
 F'or 'tis to no Purpofe for Father Pagi to pretend, as he hath done (^), (J>) ^^' f"pf' 
 that the Sentence of the Apoflolical See was not declar'd till P- ^'^' 
 after the Calling of the Council of Ephefus-^ becaufe as fbon as Cyril 
 received it, he allembled a Council at Alexandria, to notify it, as ^l^ ^J^'^h 
 is prov'd by Dr. D:!pin (c). Another Thing which proves that the ^ m ^l^'^ 
 
 X X X 2 Pope p. 319, 520,
 
 53 2 Dissert A tionHist] and A p o l o g. 
 
 Pope had no Authority over this Council is, that he never prefided 
 in it, either by himfelf or his Legates, it being St. Cyril who pre- 
 sided there tirft, and afterwards the Biihop of Jcrufakm^ and when 
 the Pope's Legates arrived at Ephefus, they never prefided there. 
 'Tis true, that it appear'd by the Sign Manual that Cyril fupplfd the 
 Pope's Place -^ but this Signature is lufpeflied. M. DupinihAW explain 
 ia) vh. fupr. ^^^^ Matter {a). < The Queftion relating to the Prefidentfhip is liable 
 p. 320. Col. ' to more Difficulty. 'Tis evident that St. Cyril prefided at this 
 *'^- ' Council j but whether it was in Quality of Legate from the Holy 
 
 See, or in his own Name, is the Qyeftion. 'Tis certain that the 
 Pope had delegated him to put the Decree in Execution which 
 he had paft'd againfl iV(?/?m»; > but it does no where appear that 
 he delegated him to aflift, or to prefide, in his Name, at the 
 
 * Council of Epheftis ; on the contrary, he lent Legates thither on 
 
 * Purpofe, with Orders indeed to do nothing but in concert with St. 
 
 * Cyril } but he docs not lay that St. Cyril ihall be prefent with them 
 
 * at the Council in his Name, nor that he prolongs the Power 
 
 * which he had granted him for that Purpofe. And indeed in 
 
 * the Relation given by the Council to the Emperor, the Time which 
 
 * precedes the Council is diftinguilh'd from that which follows it, 
 
 * and 'tis faid that Celefiin had delegated St. Cyril before the Coun- 
 
 * cil, and that afterwards he lent the Bilhops Arcadius and Projetlus, 
 V^nd the Deacon Philip^ exprefsly to fupply his Place in the Council. 
 
 * Neverthelefs St. Cyril^ in the Subfcriptions to the firli, fecond and third 
 
 * A£ts, affumes the Qiiality of Celefiin's Proxy. Liberatus and Eva- 
 
 * grius alfo gave him the fame Title. Some fay, that it was added 
 
 * to his Sign Manual by the Tranfcriber, or that it fliou'd be un- 
 
 * derftood of the Time that preceded the Council. 1 fhou'd ra- 
 ' ther think that St. Cyril having had this Title before the Coun- 
 
 * cil, was ftill call'd by it in the Council itfelf, tho' it did not then 
 ' belong to him \ but it does not from thence follow, that he pre- 
 
 * fided in the Name of the Pope, and in Qiulity of his Deputy. 
 ' For if he had prefided in that Quality, 'tis certain that in his Ab- 
 ' fence the other Legates of the Pope muft have prefided in his 
 
 * Place, and have held the firft tiank. But 'tis manifelt that it was 
 
 * not the Legates, but Juvenal of 'Jernfalem^ who prefided in the 
 
 * fourth and fi th Ads, in which St. Cyril appears as a Petitioner. 
 
 * Therefore it was not in Qiiality o" Legate from the Pope that St. 
 
 * Cyril prefided, becaufe in his Abfence Juvenal is put before the 
 
 * Pope's Legates ;, he prefided becaute he was the chief of the Pa- 
 " ' triarchy who were peribnally at the Council. ' Be this as it will, 
 
 ""lis evident^ fays Father Nvcl Alexander, that art Oecuinenical Council 
 is the Supreme and Uliimaie Tribunal of the Church, to nahich Caufes 
 of Faith- and Religion, even after the Judgment ar.d Sentence of the 
 
 ' Pm
 
 yZirGfiRSON and the Council <'/' Constance. 55 
 
 o 
 
 Pope of Rome are referr^dy and heard and examined over again as much 
 as if they had never been decided by the Pope, and ivhere they are de- 
 termirHdin fuch a manner as to leave no more room for a Rehearing (a), ^"^^j ^''^*' 
 However ic was touch'd over again in another Council of Ephefus^ ^' ' 
 which was call'd the Robbing Council. VVhefher there were more 
 Robberies committed at this Council than at the former, is not the 
 Cale before us. That which concerns the Point in Queftion, is, that 
 Theodofius was alio the Perfon who affembled it, and tho' Leo I. 
 had confirm'd the Decrees of the former Council, yet he confented 
 to the leconJ, and fent his Legates thither to aflifl: at it, and not to 
 prefide in it. For the Perlbn who prefided there, was Diofcorns of 
 Alexandria ; which appears from Leo's Letter to this Synod. " But, 
 
 * fays he J as a Remedy, for fuch things ought not to be neglefted, and 
 
 * as themoft Chriftian Emperor has beenpleas'd according to his Piety 
 
 * and his Religion, that an Epifcopal Council fhould be affembled^ 
 
 * to the end, that every kim.1 of Error might be abolifh'd by a more 
 
 * plenary Judgment {pkniory Judicio, that is to fay, by a more numerous 
 
 * Council) I have lent our Brethren, — to afTift in our Place (jnterfmty 
 
 * at the facrcd AfTembly of your Fraternity, and to execute in com- 
 ' mon Accord with you the Orders of our Lord {qua Domino fnt 
 
 * placitd) viz. the Emperor, that is to lay, to the end that after hav- 
 
 * ing firlt of all condemn'd the venomous Error, they may alio treat 
 
 * of the Reftoration of him wlio hath err'd imprudently (yiz. Neflo- 
 
 * rius) on condition that he retra£ts (J?). That's not the Language (J) j^<j«^/#;rl. 
 of a Man who thints himlelf infallible, and who pretends that 'tis n'f'fi'pf-' 
 not lawful to appeal from his Sentences. He had not only no Right 
 
 to aiTemblc a Council in Italy, but he cou'd never prevail with T^he- 
 edofius to aliemble one there, for abolilhing the Memory of the lafi 
 Council of Ephefus, which was confirm'd by Theodofius (V). (^) ^i^g' «*5 
 
 Proceed we now to another Council aifembled in the lame Cen- Z''^''- P° '94^ 
 tury, by the Emperor Marcian, not in Italy, as the Pope indeed would 
 have had it, but at Chalcedon. I wou'd not politively aflert that 
 Le6'% Legates did not prefide there, but I find Ibme Objediions a- 
 gainrt it. i. The Emperor and the Emprefs Pulchcria were there, 
 and it was natural that they ihou d be at lealt the Moderators or Di- 
 rectors of it, as Conftantine was at the Nicene Council. 1 . Father 
 Pagi himlelf agrees that every A^l of it was referr'd to the Empe- 
 ror, ad ijuem totam aclionan referendam Patres cenjuerunt {d). And in- (rfj vh. fu^x 
 deed when the Synod pronounced Jud.ment againit the fix Bi- p- 356. 
 fhops wno were look'd upon as the Authors of tiie Robbery at E- 
 phefus, it was only on condition that the Emperor fljou'd think 
 fit, ed conditione fi placuerit diviniffimo fjf piifjimo Domino noflro, v^'hich. 
 Father PaoJ explains of Marcian. ''Tis true, that the Jihbe de Choifi 
 gretcnds that the left tiand, where were the Pope's Legates, ivas the
 
 554 Dissertation Hist, and A p o l o g. 
 
 («■) H//?. Efff. mofi honomurahle Place in the Councils (a). But if it were fo, I Ihoiild 
 Book XII. p. think that the Piitriarch? of the Eaft wou'd have been willing to pay 
 35*^' tlie Compliments of their Country, the rather becaulc the hmperor 
 
 in his Letter of Summons only gives the Pope the Title of moft Holy 
 . ,. Jrchbifiop of nioft happy Rome (b). ;;. 'Tis really unaccountable how 
 
 ) eiji um ^j^^ pace of Things iliou'd be chang'd in ib Ihort a Space of Time. 
 '- " At the Nkene Council, in 32J, the Perlons who prefided were Eu- 
 
 fiathius Bilhop of Antioch^ or Hofius Biihop of Cordoua^ and not the 
 Pope's Legates, tho' they were prefent at it. In 431, Cyril of 
 Alexandria prefided at the Council of Ephefus, being deputed to 
 that Oflice by the Emperor, tho' Celeftin had his Legates there. 
 The Legates were alfo at the fecond Council of Ephefus^ in 448, but 
 it was DiofcoYus Bifliop of Alexandria who prefided there \ and ne- 
 verthelels, three or four Years after, we find tlie Pope's Legates pre- 
 fiding at the Council of Chalcedon. This however is very poflible. 
 The Aifairs of Neflorianifm and Eutychianifm had fo embroil'd the 
 Eaft, that the Patriarchs being all, as we may fay. Parties, they 
 might have been oblig'd to have Recourfe to the Biihop cf Rome's 
 Legates, for the Prefidentfliip \ and 'tis well known that thofe Bi- 
 fhops feldom fail'd to verify the Proverb, Inter duos Utigantes tertius 
 gaudetj i. e. when two Dogs fall out, a third runs away with the Bone. 
 Be it as it will, we have no need of this Dilcufllon to prove that 
 the Council of Chalcedon thought itfelf fuperior to the Pope, and even 
 in the Prefence of his L.egates, who, as they fay, prefided there. 
 Pope Leo had writ a Letter to Flavian, Patriarch of Conftantinopltj 
 which was a ibrt of Creed upon the Matters in Debate. This Let- 
 ter was formally examin'd at the Council, and confronted with 
 the Creeds of Nice and Conflantinople, and Cyril's Synodical 
 Letters, and afterwards applauded by the whole AfTembly. Is 
 not this Examinition of a Pope's Letter by a Council a good 
 Proof of the latter's Superiority ? St. Leo himfelf owns it, and 
 blelTes himfelf for it. I praife the Lord, lays he, in his Letter to 
 ^heodoret after the Synod, that he has not fuffcr d us to receive any 
 Affront fro/n our Brethren, nor that ivhat 'was at firfl determirid by our 
 Minijiry JljoiPd be depriv'd of the Confent of the ivhole Fraternity, to the 
 end that it may appear that what had been eJiabliJJj'd by the firfl of all 
 Sees truly proceeded from him {the Lord) as having been confirmed 
 by the judgment of ail Mankind. Here now we find a Pope, who 
 indeed pretends that the See of Rome is the firft of all Sees > but 
 at the fame time owns it to be inferior to a general Council. M. 
 Dupin has very juflly obferv'd, that about the latter End of this fame 
 Century, in the Condemnation of Acacias, Patriarch of Conflantinople^ 
 the Popes Felix III. and Gelafius I. were not willing to have the 
 Matter left to their own Judgment j but to the Authority of the Gene- 
 ral
 
 for Gerson and the Council <9/ Constance. 555 
 
 all Council of Chakedon of who/c Sentences, they Utid, they were 
 
 only the Executioners («). ia)Ai7ti^.Bc. 
 
 The Ca(e was the very dime in the fixth Century. Father: Noel ^.'fi'f' ^'^f"'' 
 j^le.ander did not think fit to take any Advantage of what pafs'd ^gg^*' ^' 
 under Pope Vigiltus in the Afl'air of the three Chapters j but M. ' 
 Dupin thought this Piece of Hiilory too material to be pafs'd over. 
 'I'is true that FigiUns, to whom Father Pagi does not give the Title 
 of Holy J was a A-Ian of an odd Charafter, and above all Things fo 
 Icnavifli and inconftant, that his Authority is not to be depended 
 upon. But however-, there are Ibme material Remarks to be made 
 as to the Fait in Queftion. The firft is upon the Letter which the 
 Italian Clergy wrote to the Envoys o'i France, at Conflantinople^ where- 
 in they declare, that Pope Vigilim could not relblve with himfelf to 
 condemr* the three Chapters condemn'd in the Synod of the Em- 
 peror Juflinian, without calling a General Council. Ccepit Papa Vi- 
 giUus ad hoc compelli, ut abfolute ipja Capitula fine Synodi Chalcedonenfis 
 mentione damnaret •, fed Papa non acquiefcens hoc facer e, £s? videns fe 
 mmium ingravari, dixit tunc Serenijfimo Principle Feniant hie fratres 
 mflri ex omnibus Provinciis qtiirii aut feni, (y quicquid fub tranqnillitate 
 tra^atu habit omnibus vifum fuerit^ cum pace difpotiemus\ quia fine 
 conftnfu omnium ifla qua t^ Synodum Chalcedonenfem in dnbium venire 
 fecerunt, t^ fcandalum fratribus meis generant^ folus facer e nullatenus 
 acquiefcam. Et poftea fi quis Gracorum Epifcoporum ufquc ad Univer- 
 fale Concilii traEtatum de if is caphuUs aliquid fecij/etj aut facientibus ac- 
 quievijfet, a Communione Sedis ^pofloliae alienus exifteret, i. e. Pope Figi- 
 lius began to be compell'd ablbkitely to condemn thole Chapters 
 without mention of the Synod of Chakedon-., but the Pope not ac- 
 quiefcing in it, and ieeing that he Ihou'd be too much opprels'd, 
 then laid to the moft Serene Prince: Let five or fix of our Brethren 
 come hither, out of all the Provinces, and vvhatfoever they fliall cali^- 
 ly treat of and conclude, we will peaceably incline to \ becauie I a^^^^ — 
 lone can by no means confent to do thofe things which have brought 
 the Synod of Chakedon into Queftion, and have fcandalis'd my Bre- 
 thren, without the Confent of all. And afterwards, if any one of 
 the Greek Biiliops, even to the Celebration of a General Council, had • 
 done any thing relating to thofe Chapters, or acquiefc'd in thole that 
 had, he wou'd remain excluded from the Communion of the IJoly 
 See (a). Thus you have a Pope, who, tho' very haughty in other Re- (a^ Huph sdi 
 ipeds, is loth to undertake any Thing without a General Council, /"i""*? 339- 
 
 The (econd Remark is, that when this Council was Aflembled 
 at Confantinopk, the Pope did not prcfide there, nor was he lb much 
 as prelent at it ; it was Futychius, Patriarch of Conflantinople, ivho 
 bad the chief Station there (b), C'') ^"P- ^ih. 
 
 iiet Aut. Etc!. 
 
 The 
 
 T. I. p. 10,
 
 53^ DissERTATroN Hist, and Apolog." 
 
 The third is, that tho' the Pope was not fatisfy'd with the De- 
 clfions of this Council, yet he was oblig'd to conform to rhem. 'lis 
 true, thar this Acquiefcence was a Force upon him ., but he renew d 
 it when he was at Liberty, as M. Baluze has proved by a jNjS. x-id 
 (f) r\d. fiipr. taken out of the Colbert Library, and quoted by M. Dupin (f ). It 
 p. 20J. was about the End of the fame Cen.tury that Gregory I. cxplaind 
 
 himfeh' i.'o vigoroufly in Favour of General Councils, in his Lecter 
 to John the Fajler, Patriarch of Confiant'mople. This Pahage is lb 
 well known, tha: I IJjoifd not have venuir'd to repeat it, il I 
 did not think Father Dcfirant had forgot it. 'As witii ihe FJeart 
 
 * Man believeth unco Righteoulhels, lays Gregory^ and with the 
 ' Mouth Coafeffion is ^-nade unto Salvation ^ I acknowledge that I re- 
 
 * ceive and reverence the four Councils (General) as I do the four Books 
 
 * of the Gofpel, viz. the Council of Nice, t^c. that I embrace them 
 
 * with perfed Devotion, and that I give my inviolable Alfenc to 
 
 * them, they being as it were the Corner Stone {i-elat quadratolapide') oa 
 
 * which is raisVl the Building of the Holy Faith j and the Rule 
 
 * of every Man's Life and Aftions \ Vv'hoever does not adhere to 
 
 * this folid Foundation, is a Stone that does not belong to the F.di- 
 
 * ficCjtho'ic may feem to be one of the Foundations of it (i). " Having 
 afterwards faid, that the Authority of the four Councils, and even 
 of the fifth, extends to Perfons as well as Things, he adds, ' That 
 
 * thefe Things being refolv'd on by Univerfal Confent, whoever 
 
 * prefumes to loofe thofe whom the Councils have bound, or to 
 
 * bind thofe whom they have loos'd, deftroys himfelf, and not them' 
 the Councils) Nothing can be a plainer Proof of the Superiority of 
 General Councils. 
 
 Thus are we arriv'd to the Vllth Century to which Time we find 
 .not only particular Doflors, but even Popes, owning themfelves inferior 
 to Councils. We will proceed. The Vllch Century will be as con- 
 tradiftory to Father Defirant's Pretenfion. It was about the End of 
 that Century, that the fixth Oecumenical Council was held at Con- 
 Jiantiiivple againfi: the Monothelites. Pope Martin I. had already con- 
 demned them in his Council at the Lateran in 649, and they were 
 afterwards condemn'd by Pope Jgatho in 67^. Neverthelefs we find 
 the V. ecifions of thefe two Popes, and thefe two particular Councils, 
 fubmitted in 620. to the Examination of a General Council, and that 
 it pafs'd through all the F'orms in the IVth and Xth Afts of this 
 f/iVT/i ru\rr Council, as appears by the Emperor Conflantine Pcgonat's Letter to 
 p. -8i.' Pope Leo II. quoted by Father Noel Alexander {a). It was in the 
 
 (l)Quirquis eoTum (Conciliorum) Ibli- Quifquis i. e. Eviry Pepe and every Patri- 
 diratsm non tenet, ctiamfi lapis effe cer- arch. Nat. Alex. ub. fupr. p. 381, 582. 
 nitur, tamen extra xdificium jacet. N. B. 
 
 fame
 
 for Gerson and the Qowt^cA c/" Constancf. 52? 
 
 13/ 
 
 feme Century that Pope Leo III. declar'd very plainly, that he not 
 only did not prefer himfelf to General Couyicils^ but that be did not 
 Jo much as prefume to be equal to them (i). We find this in his An- 
 I'wer to the Prelates of France^ when they demanded of him, whe- 
 ther the General Councils of N'ice^ Conftantinople, and the following, 
 wou'd not have done well to add to the Creed, the X^'ord Filio^ue, 
 i. e. and in the Son. 
 
 I do not obferve that Father Ncel Alexander finds any Thing 
 for his Advantage in the eighth Century. It feems indeed, that 
 this Age began to degenerate, which is a Remark I am inclin'd to 
 make in Favour of Father Defirant. If we may beheve the Jefuit 
 Serarius , it was Boniface who was made a Bifliop of Germany by 
 Gregory III, and afterwards the firll Archbifhop of Mentz, who ad- 
 vanc'd thole Propofitions, the coptrary of which, according to Father 
 Defirant^ is Sedition, viz. That the Pope is the Judge of all Men^ 
 and that he can be jud^d by no Man. that all Men have fo much Re- 
 fped for the Head of the Apoflolical See, that they chufe to receive the 
 Canons of Difcipline^ and the Doilrines of the Chrifiian Religion, from 
 his Predeceffbr, than from the Holy Scriptures, and the Tradition of the 
 Fathers, and that to conform to the Pope, a Man ought only to inform ( a) De. reb. 
 himfelf what is his Will, and ivhat is not (a). Mogunt. T. I. 
 
 The fame Maxims are alcrib'd to this Boniface, in the Canon Law, ^'^^^h^ ^ ''' 
 and in the Expofition (^). If this be true, B on/face in\^ht have been j^^ 
 deceiv'd by the pretended Councils of Sinueffa and of Rome, under (t) DecreM. p. 
 Sylveftre, which all the learned Men in the Church of Rume know to ^'P- ^L. 
 be falfe, as Father Noel Alexander agrees. Eaque, fays he, efl omnium 
 eruditorumfententia {c). Neverthelels, the eighth Century muft not be '^'^\^,*' ^"l""* 
 altogether given up, becaufe when Boniface confuked Pope Zachary P" ''' •'^ 
 to know whether a Native of his Country had obtain'd Leave from 
 his Predecelfor to marry his Uncle's V\'idow, who had been alio the 
 Wife of his Coufin-German, and had taken up the Veil, the Pope 
 made Anfwer, that his Predecelfor was far from granting fuch a Lif- 
 penfation, becauft the Holy See grants none that are contrary to the . 
 
 Rules of the Canons, and of the Holy Fathers {d). But what is yet J j/f?" vt 
 more, it plainly appears from the Calling of the lecond Council of „ „!<;,' I. 
 Nice, that it was not the Opinion at that Time, that the Popes were 
 above the General Councils, i. It was not allembled by Pope Adrian I, 
 but by the Emprels Irene, who order'd, or rather intreated the Pope 
 to be prelent indeed as the Chief Priejl and Prefident of St. Peter'i 
 Chair; but this is what Gerfon never dilputcd. 2. 'Tis very uncer- 
 tain whether the Pope's Legates prefided there, whatever is laid by 
 Anafiafius the Librarian, who was one of the Pope's Creatures, and 
 
 (i) Nam & ego me illis non dico prcfeiam, fed etiamiliud abfit mihi ut coaequarc 
 prafumam, Vb.futr.p. 383. Cip. I. 
 
 Vol II. Y y y by
 
 533 Dissert A tionHist. and A p o l o g. 
 
 by Acts whofe Genuinenefs is fhrewdly fufpefled. I rather chufe to pin 
 my Faith upon the Libellus Synodicus, and upon Pbotius, who de- 
 clare that it was T'arafns firft, and then the Pope's Legates who pre- 
 {a) Biblioth. fided at this Council {^'). ?. Finally, tho' they declar'd at Rome (or 
 yur.canon.T. Image- vvorfnip, there was a Necedity for an Oecumenical Council, to 
 II. p. I2IO, (jete-minc the Affair. "Tis true, that it was not own'd for fuch in 
 lat^cintu' F^^'^'^^t Germany, England and other Places •, butthey whoaffemblcdit, 
 Keunion ' avec and Adrian himfelf, efteem'd it as fuch ^ which is fuflicient in the prefent 
 ie/tege ds Cafe. This Truth is a! (o cvidcnc'd more clearly by the Council which 
 Rome, T. 111. Charlemain aifembledat Franckfort, in 7^4. where the Judgments of the 
 p. 564, 3(5(5. (;;;oj,i-,ciis of Nice and Rome were made void before the Pope's L.egates. 
 The ninth Century abounds with more Inftances than one to 
 prove that the Sentences of the Popes were not irrevocable in that 
 Age. Lewis the Debonnaire , at the SoUicitation of Michael the 
 Stammerer, fent AmbalEidors to Pope Eugenitis II, to engage him to 
 fupprefs the Woriliip'of Images, or atleaft infome Meafure to qualify 
 it. But this Pope refufing his Confent to it, Lewis aflembled a Na- 
 tional Council at Paris, to fettle that Aifair, according to the Defire 
 of the Emperor of tiie Eall, 'Tis true, that he defir'd l>eave 
 for it from the Pope , but it was more to humour him , tlian 
 from any Need he had of his Authority. Be this as it will, the Let- 
 ter of Pope Adrian was condemn'd in this Council, in the Matter of 
 Image- worfliip, which was therein rejected, tho' with great Deco- 
 rum paid to the Pope, to the end that he might not thwart the 
 Peace of the Catholick Church, which Lewis had at Heart. But 
 when Gcrfon declar'd againft the Pope's Iniallibility, and maintain'd 
 the Superiority of Councils, he did not mean to rebel againtt the le- 
 gal and realbnable Authority of the Pops and the See of Rome. The 
 Difputes which Hincmar Archbiiliop of Rheims had in that very 
 Century with Pope John Ylll, relating to the Privilege which that 
 Pope had granted to Avgefige, Archbiihop of Sens, to be his Vicar 
 in Gaul and Germany, is another good Proof that the Pope's Au- 
 thority was not fo ablblute at that Time, as Father Defirant pre- 
 tends it had been at all Times. Hincmar, who thought this Privi- 
 lege prejudicial to the Rights of his Church, publickly oppos'd it, 
 and a National Coimcil was aff^mbled upon it at Pontigon, in the 
 Diocefe of Chartres, wherein tlie Pope loft his Caufe, tho' his Le- 
 gates were prefent. The following is the Judgment that M. Dupin 
 forms of Hincmar which makes very much to my Purpofe. ' The 
 
 * World is very much oblig'd to him for the Vigor with which he 
 
 * maintain'd the Liberty of the Churches of France, againft the in- 
 
 * tended Violations of their Rights, by the Popes, without forfeiting 
 « the Refpcct and Submidion which he ow'd to the Holy See. He 
 
 * had a Way to oppofe the unjuft Pretcnfions of the Court of Rome^ 
 
 ' without
 
 y^rGERSON and the Council^/ Constance.' 53^ 
 
 ' without incurring the Charge of Schifm, or of Contempt of the 
 * Holy See {a)^ This alio is Gerjhri'i, Sedition. Father Nod Jlc:<an- {a) uhi fufrs 
 dcr has not made thele Oblcrvations upon the ninth Century, but he f- <>*• 
 has one which relates more directly to General Councils. The Em- 
 peror Baftiius cauled one to be aJ'iembled at Conjlantinoplc in 86c, which 
 is look'd upon as the eighth Oecumenical Council. The twenty-firft 
 Canon of this Council import ■, that ivbe>7 a General Council is ajjembledy 
 if any Debate arifetb (quxvis ambiguitas tkjzontco^cv^vA) which relates to 
 the Bifiop of the Church 0/' Rome, a Conference poulcl be had "uuith him 
 upon the Affair^ and his Anjivers Jhould be heard for the Ad-vantage of the 
 one or the other ^ but that Judgment ought not to be pafs'd rc.floly upon 
 the Popes of Rome (b). Thus we find them made liibjeil: to a Ge- (*) I follow 
 neral Council, liiving neverthelefs the Relpeit which is due to them. ^ Ditpins 
 
 Father Alexander has pafs'd over the tench Century, without ^^t\La\\ 
 making any Oblervation upon it, whereas there are confiderable ones j,j c. L. 
 to be made upon the Popes of that Time: TJio' a Refpeit was Itill 
 kept up for their Authority, notwithilanding the horrid Irregularities 
 with which they are reproached by the Hiftorians that are moft de- 
 voted to the See of Rome, neverthelefs Oppofition was frequently 
 made to their Knterprizes againft the Liberty of tlie Ciiurches, and 
 the Difpofition of the Canons. This is what M. Dupin has oblcrv'd, 
 with regard to the Biihops of Germany, who oppos'd the Creation of 
 the Kiihopricks which the Pope intended to make in Moravia^ contrary 
 to their Right (<:). He obferves the lame Thing of the Bifliops of CO ^^'7»'/"'''. 
 France^ who were aHembled by Order of Hugh Capet in Council at P' '^^' '^' '' *' 
 Rheinis, wherein Arnold, Archbilhop of Rbeims, was depoied, and 
 Cerbert put in his Place, without the Participation of the Eiihop of 
 Rome, according to the Advice given by Arnold, Biihop of Orleans, 
 who invcigh'd ilrenuoufly againft the See of Rotne, ai-Ki againft the 
 Popes of that Time. 'Tis true, that John XV, who was Pope at 
 that Time, very much relented it, and even interditled the Bijliops 
 who were prelentat the Council of Rheims. Mean time, Gerbertlicpt 
 his Ground, and hearten'd the Archbifhop of Sens againft the Pope's 
 Excommunication, by a Letter he wrote to him, and of Vv^hich I wl.i 
 give an ExtraO:, as 'tis related by Dupin. ' That the Judgment of 
 
 * the Pope was not above that of God j that if he fell into an Krror, 
 ' he might be rcprov'd : Tiiat he could not leparate Biihops from the 
 ' Community of Jeliis Chrift, becauie they would not conlenc to a Thing 
 
 * which they thought contrary to the Gofpel: That they hadnoAu- 
 
 * thority to fiilpend him tlic Archbifliop) from the Communion, nei- 
 
 * ther as a Criminal, for he was not llich, nor as a Rebel, for 
 
 * he had not refus'd to go to any Council: That this Sentence 
 
 * being unjuft, ought not to be confider'd as proceeding from the 
 
 * Holy See, according to the Maxim of St. Leo. That the Rules 
 
 Y y y 2 'for
 
 540 Dissertation Hist, and A p o l o g. 
 
 * for Behaviour in the Catholick Church, are the Gofpels, the Apo- 
 
 * files, the Prophets, the Canons eftablilh'd by the Spirit of God, 
 ' and confecrated by the Relpect which all the World pays them, and 
 
 * the Decrees of the Apoflolical See, which are thereto conformable. 
 
 * That fiich as by Contempt deviate from thofe Rules, ought by thofe 
 
 * flmie Rules to be try'd and condemned j but that whoever oblerves 
 
 * and follows them, ought to enjoy everlalling Peace, without being 
 
 * ever excluded from Communion. In the Conclufion, he declares to 
 ' S.'guif?, that he ought not to fufpend his Funitions, by reafbn 
 
 * of the Prohibitions of Rome j and that he ought to defpife a fudg- 
 ' ment fb irregular, for fear, left while he endeavour to prove his Inno- 
 
 (a) Duph T. ' cence, he declares his own Gnilt {ay Yet it mufl: be own'd that 
 
 VIII, p. 4-. ' when Gerbert was chole Pope, in ^99, by the Name of .5'jy/'ye/?r^II, 
 
 «. I. " he talk'd in quite another Stile from what he did when he was Aich- 
 
 bifliop of Rbems j like jEneas Sylvius^ when he was chofe Pope by 
 
 the Name of Pius II. 
 
 These, therefore, were the pretended Innovations o^ Gerfon, which 
 were already often Centuries ftanding. If the ancient DoBrine of Father 
 Deftrant began but at the End of the Xlth, or the Beginning of the 
 Xllth Century, Gerfons Doftrine may boaft of being 800 Years older. 
 Let us fee, therefore, what pafs'd in the Xlth Century ; Verily, 'tis 
 in the Hildebrandin Century, that the Epocha of the Ufurpations of 
 the Popes and the Court of Rome is ufually plac'd. But really their 
 Pretenlion to Infallibility, to Superiority, and to the Irreverfibilicy of 
 their Decrees, was lb far from being then eflablifh'd, that it met with 
 great Oppofition, witnefs the Council o'i IForms, in 1076, when 
 GregoryWl. was depos'd, and when theRealbnaffign'dfor it, were his 
 dangerous Innovations, his cruel Pride, and his Obflinacy in keeping 
 up the Schifm: So that Gregory WVs Pretenlion pafs'd at that Time 
 for Sedition. 'Tis true, that he excommunicated, and that he feve- 
 ral times depos'd this Synod, and the Emperor Henry IV. himfelf^ 
 who had aiTembled it. But this is the Origin of the Sedition of the 
 Popes, and of thoie prodigious Innovations which put all Europe in 
 Confufion, as appears from the Declaration of the Synod, which was held 
 at Brcjfe in Lombardy, againfl that Pope, in 1080, and by the Letters 
 rh) DMp't>,uli which the Emperor wrote to it {b). It would be to no Purpofe for 
 fitp.p.iiy&c. £)efirant to fiy that the Councils of Worms, Breffe and Mentz were 
 no better than Conventicles, for that's begging the Q^ieftion ; and the 
 lame Thing may be faid with as much Eoundation of the Councils of 
 Rome, ^iedlimbourg, (^c. It may be confefs'd, however, that the 
 Doftrine of the Superiority of Popes over Councils, and over tha 
 Tempnrality of Kings, which had till then pafs'd for a great He- 
 refy, began to grow problematical, by the Faflions of Gregory, and 
 the Enemies of Henry IV, tho' it was a long while firfl j but, not to 
 
 mention.
 
 for Ger s ON «»</ ?^^ Council <?/ Constance. 54^ 
 
 mention the other Churches of Europe^ here is a Circumftance which 
 proves that even in that Age the Gallican Church favoiu'd Gerfoti% 
 Sedition. In the Beginning of it, Pope John XVIII. having deputed 
 a Cardinal to conlecrace a certain Monaftery in the Diocele of T'ourSy 
 the Archbifhop and the other Prelates of the Gallican Church ftiffly 
 oppos'd it as a Violation of the Canons, and a facrikgious Prefump- 
 tion, which only proceeded from blind Avarice. 7'hey all ahhorfd it to 
 a Alan, becaufe they thought it indecent, that He, ivho govern d the A- 
 poflolical See, Jhould violate an Apojiolical Canon, fortify''d by the Au- 
 thorities of ancient Councils, ivhich have always decreed that no Bijhop 
 eught to attempt any 'thing in another's Diocefe, without his Leave {ay (^a)vhi fitfra. 
 This is what Father Noel Alexander has reported, upon the Autho- p. 383. 
 rity of Glaber Rodolph, a Monk of Cluny, whom Baronius him- 
 felf commends for a faithful Hiftorian (^). In 1025, there happen'd (i) Antt.^gCg, 
 an Affair of much the fame Nature, wherein Pope John XIX, had 25. 
 the vvorft on't. The Bilhop of Macon complain'd that the Archbifhop 
 of Fienne had, contrary to the Canons, ordain'd the Monks in the 
 Monaftery of Cluny, which lay in the former's Diocefe, and he there- 
 upon affembled a Synod at Aufe^ a fmall Town near Lyens, where 
 were the Archbiihops of Fienne and Tarenta, and other Bifhops. The 
 Archbifhop urged, or caus'd to be urged, in his Defence, a Privilege 
 of Exemption granted to this Monaftery, by the See of Rovie. ' But 
 
 * the Synod having read over the Canons of the Council of Chalcedon, 
 
 * and of feveral other authentick Councils, by which 'tis enjoin'd, 
 
 * that in what Country fbever it be, the Abbats and Monks ihall be 
 
 * fubjeft to their own Bifhop, and that no Biihop fhall attempt to or- 
 
 * dain or conlecrate in another's Parifh, without his Permilfion, de- 
 
 * clar'd that the Pope's Privilege was null and void, as being contrary 
 
 * to the Canons, decreverunt chartam non ejfe ratam qu£ Canonicis non 
 
 * folum non conccrdaret, fed etiam contrairet.'' The Archbiihop fubmitr- 
 ted, begg'd the Bifhop's Pardon, and to make him amends, engag'd to 
 furnifla him every Year, as long as theyliv'd, with a fufficient Quantity 
 
 of Olive Oil, to make the Chrifm {c). By this 'tis plain, that in that (^c^Nai^Aje^ 
 Century it was lawful to appeal from a Privilege of a Pope ; and that uhifufftt. 
 even to a particular Council, and to declare it null. 
 
 The Xllth Century is one of thofe in which the Papal Autho- 
 rity triumph'd moft. At that Time the Catholick Church was 
 fwallow'd up by the Church of Rome, in like Manner alnsoft as 
 the World was by the Pagan Rome. If the new Canon Law was 
 executed by Violence in the preceding Century, in this it received 
 its Confiftency and Form, and acquired the Force of Law. There- 
 are two Remarks, however, to be made upon this Col!e£lion of 
 the Canon Law, which was made in, this Century, by the '^lovkGra— 
 iian. The hrft is, that this Decree, how advantageous foever it he;
 
 542 DlSSERTATlbN Hi ST. Afld Av OL 6 Q. 
 
 to the Popes, gives neverthelefs a great Shock to their Infallibility, 
 and their lupreme Authority, becaule in che fortieth Diftinrtion 'tis 
 faid, that the Pope cannot be jvidg'd in any Cafe , iinlefs he de- 
 part from the Faith, ^uia cunSios ipfe judicaturus a nemine eft judican- 
 («) necret. (ii;;^ n'ifi dcprehendatur afide devius {a). From whence I infer twoCon- 
 Dift. XL. si fequences that make to my Piirpofe : The one, that at that Time the 
 Papa. - p^^^ ^^^ ^^^ reckon'd infallible, becaufe there was a Poffibility of 
 his erring in , the Faith. And indeed the Privilege by which Pafchal 11. 
 ■was oblig'd to grant the Inveliitiires to Henry IV, who kept him 
 Prifoner, was without Scruple deern'd as a Herefy. When he re- 
 vok'd that Grant, in his Council held at the Lateran, m iii6, 
 and curs'd it with an Eternal Jnathema, there was a Bifliop who 
 had the Courage to fty, that the faid Privilege was a Herefy, and 
 that by confequence he that granted it was a Heretick. The Pope 
 was very much difturb'd at it, but he only fpoke of the Infallibility 
 of the See of Rome, and not of the Infallibility of the Pope. The 
 other Coniequence I draw from it, is, that becaule the Pope was not 
 reckon'd infallible, he was liippos'd to be fubjeftto a General Council, 
 which in this Cafe would have been his Judge. The fecond Obferva- 
 tion which 1 have to make upon the new Canon Law, is, that it was 
 not receiv'd without Oppofition, and that in many Places, efpecially 
 in France^ it was very ill recommended. Let us hear Stephen^ Bilhop 
 of 7'ournay, who talk'd fb much like Gerfun, above two hundred Years 
 before him, that methinks I hear Gerfon himfelf 'Tis in a Letter 
 to Innocent III, wherein he complains of the Neglect of the Study 
 of the Fathers, for thofe of School Divinity, and the Decretals. 
 
 * Students, fays he, according to M. DupinV Ferfton, having only a 
 
 * Tafie for Novelty, and the Mailers affefting rather their own Praife, 
 
 * than the Inrtruclion of others, compole new Summaries and new Sy- 
 
 * ftcms of Divinity every Day, which amufe and deceive the Auditors, 
 (£) Dap/V.T. « as if the Writings of the Fathers were not fufficient (by. If therefore 
 IX. p. ijS. pacher Defirant is willing to know what Gerfon meant by the ancient 
 
 and modern Authors, he need only compare him with Stephen of 
 Tournay. The Letter adds afterwards, ' That if we proceed from 
 
 * Theology to the Decifion of Affairs which muft be determin'd by 
 
 * the Canon Law, in which you depute Judges, or of which the Or- 
 ' dinaries ought to take Cogniliince ^ they bring us into a Forreft as it 
 
 * were of Decretal Letters, made in the Name o'l Alexander of hap- 
 
 * py Memory, from which 'tis impofTible to get clear ^ and no Ac- 
 ' count is made of the old Canons, which on the contrary are dejed- 
 
 * ed and delpifed. It happens in this Confufion, that the falutary 
 
 * Decrees of the ancient Councils are not follovv'd in the new ones, 
 
 * and that Affairs are not judg'd of according to the Tenor there- 
 
 * of, becaule the Decretal Epiftles prevail, to which perhaps, the 
 
 * Names 
 
 £. I
 
 for Gerson and the Council of Constance. 545 
 
 * Names of the Roman Pontlifs are forg'd by the new Canon Law- 
 
 * yers. Of thefe they have made a Volume, which is read in the 
 ' Schools, and publickly fold, to the great Benefit of the Scriveners, 
 ' who find it the eafielt, and moft profitable Task to copy thele lu- 
 
 * fpicious Pieces («).' Here by the way, we have an Author much (*) ^'"'{"pr^. 
 more feditious than Gerfon% for writing to a Pope, he prefumes to 
 condemn a Work authnris'd by Eugene ill. In the -^'^th Letter, lays 
 
 M. Dupin, Stephen of Tournay attacks another Jbufiy viz. appeals 
 made to the Holy See by Inferiors to avoid the CorreSlion of SuperiorSy 
 and he ivould have the Abbats and Prelates vejled with an abfolute 
 Power to correct their Inferiors, and to change the Officers that de- 
 pend upon them, without being hinder'' d by Appeals to the Holy See (J?), {b) vbi fupra^ 
 
 'Tis very plain that the Kxcommunications of the Popes were not 
 much dreaded in this Century, by the Anfwer which Philip Augujlus 
 return'd to the Legate of Pope Celeflin III, who threaten'd that Mo- 
 narch to put his Dominions under an Interdict, if he did not make 
 Peace with the King oi England. I defpife your Interdict, fays Philip 
 Augufius, I fear it not, nor will I obferve it, becaufe ''tis ur.jufi. It 
 does not belong to Rome to aH by Sentence, or in any other Manner a- 
 gainfi mj Kingdom, &c. (c). This Pope, tho' very enterprizing, (0 Father 
 thought himfelf liiperior, even to a National Council ; for he affem- ^^"''^'^ Hjft.. 
 bled one at Paris, to judge of the Affair of the Divorce of ^//^c /- jj ^p'"'^'^ J' 
 burga of Denmark, Queen of France, whom Philip Auguftus had a 
 mind to divorce, and whom he adually did divorce, by Advice of the 
 Council, and contrary to the Opinion of the Pope's Legates. His 
 SuccefTor, Innocent III, tho' more haughty than him, did not think 
 himfelf fiiperior to a General Council ; for when Phiiip Auguflus ap- 
 ply'd to him, to anthorile his jjivorce, the Pope made Anfwer, that 
 he could not decide the Cale without a General Council. His Words 
 are remarkable. In carnali, inqu'it, commercio inter Te ac Reginam''con- 
 jugem tuam adeh efi procejfum, quod ft et'iam illi tanthm confejjioni velle- 
 nius infflere, quam nuper eadem Regma fecijfe proponitur coram pradiEIo- 
 Abbate dc Trapa, £f? dileEIo filio Magijlro Roberto de Curzon, nunc 
 1'ituli S. Stepkani in Calio Monte Prcsbytero Cardinali, non auderemus 
 fuper huftfinodi cafu de noflro fenfu pro te aliqtiid diffimre, propter illam 
 fententiara Evangelicam quam ipfe Chr'iflus exprcjjit, viz. Quod Deus- 
 conjunxit, homo non leparet ; cum abfque dubio nee Sanilorum exemplcy 
 nee Patrum Decreta intent ioni tua in hoc articulo fnffragenlur. Verum 
 ft fuper hoc, abfque Generalis deliberatione Concilii determinare aliquid 
 tentarcmns, prater divinam Offenfam fff mundanam Lifamiam, quam c:< 
 hoc poffernus incurrere, forfan Ordinis fjf Officiis nobis psriculum immine- 
 ret, cum contra priemijfam Veritatis fentcntiam, ,noflra non pof/it Au6iori- r^y-T. /,j ,.- 
 tas difperifare (d). i. e. The Carnal Converlation betwixt Thee and x. yju ^jj-^ 
 the Queen thy Confort, has been fuch, that if we Ihould infift only jv.p. 3S5.C. 
 
 oa 2. Sea. XJL-
 
 544 Dissertation Hist, and A p o l o g. 
 
 on that Confedion, which the laid Queen is reported to have lately 
 made before the abovemention'd Abbat dc 'Trap, and our well beloved 
 Son Robert de Curzen, now Cardinal Prieft, by the Title of St. Ste- 
 phen, in deiio Monte^ we could not prefume to give our Definitive 
 Juu^menc '^ok you in a Caie oi' this Nature, by realbn of that E- 
 vangeiicnl Sentence which Jefus Chrift himfelf has pronounced, njtz. 
 Whom Giu! has joyn''d together, let no Man put afunder ; fince, with- 
 out doubt, neither the Examples of the Saints, nor the Decrees of 
 the Fathers, would warrant thy Intention in this Article. And if 
 we fhould attempt to determine any thing in this Matter, without the 
 Deliberation of a General Council, befidcs the Wrath of God, and 
 the Reproach of the World, which we might incur for fo doing, 
 we might perhaps run the Hazard of lofing our Dignity and Office, 
 fince our Authority cannot grant a Diipenfation, contrary to the before 
 mention 'd Sentence of Truth. — This pafs'd at the Beginning of the 
 Xlllth Century, when the Incroachments of the Popes were even 
 deem'd as Ufurpations, not only among the Greeks^ but alfo among 
 the Latins. As to the Greeks^ I fhall here quote a beautiful PalTage 
 from NiluSj Archbilhop of T'hejfalonha, about the middle of the 
 Xlllth Century, in thefe Words : * What the Latins objeft to us, 
 
 * 'viz. That we challenge the Primacy to ourfelves, and that we re- 
 
 * fule to hold the lecond Rank, and to fit next to the Bifhop of 
 
 * Rome-y and that we therefore refute Peace to the Churches, is not 
 
 * the Caufe of the Schifm. For we never dilputed the Primacy of 
 
 * the Church of i?(j;Kf, and the Queftion at prefent is not which fhall 
 
 * have the firft Seat, becaule we know the ancient Cuftom and the De- 
 
 * crees of the Fathers, which declare the Church of Rome to be the 
 
 * mofl ancient of all Churches. And 'tis not fair to obje£l to us 
 
 * what we do not fay, and under this Pretence to hinder the true 
 
 * Caufe of the Schilm from being trac'd : Vv'hat is therefore the real 
 
 * Caufe of this Divorce ? 'Tis this, that the Matter in Queftion be- 
 
 * twixt us has not been determined in an Oecumenical Council, and 
 
 * by common Confent j and that the Controverfy, viz. {Whether the 
 ' Holy Ghoft proceedeth from the Father and the Son) has not been de- 
 
 * cided according to the ancient Ufage and Cuftom of the Fathers, 
 
 * while the Romans affefl: a Superiority over us, as a Mafter does 
 
 * over his Scholars who are oblig'd to believe the Sayings of their 
 
 * Preceptor. Now the Decrees of the Fathers declare quite other- 
 
 * wife, for which we appeal to the written A£ls, whereby we are 
 ' taught that in the common Caufe of Faith, Recourfe muft be had 
 ■^ to the common Confent of the Church. For it would be very ab- 
 
 * furd that our Fathers fhould hit upon the right Way themfelves, 
 
 * without Examples to guide them, and that we fliould mils of it, 
 
 * wJien we have them for our Patrons and Light. Indeed fhould a 
 
 ? * Debate
 
 for Gersok and the Council of ConstanceT 545 
 
 Debate arile in the Church, Perfbns who are not duly inforrti'd of the 
 Method of Ading, might perhaps be excus'd for their Ignorance, in 
 putting an End to the Dirterence after another Manner \ but for 
 us, after a Courle of lb ni<i ny Years, not to have yet oblerv'd the 
 true Method of reftoring Peace to the Church, according to the 
 Cuftom of our p'athers, who does not fee that it is refufing llich 
 Peace ? But they fay that the Pope is fuperior over the Prieds, 
 the Prince, Paftor and Fathers, whole Province it is to aflemble 
 General Councils, and who may of hinilelf only, without the 
 Privity of others, order Church Affairs. What then ? Were not 
 Julius J Damafus^ CeJeJiin, Leo, Agathcn Popes, whom the Fathers 
 have highly extoU'd for their eminent Piety ? and yet they never af- 
 fumd fuch Authority j but on the contrary, aflembled with their 
 Brethren, under the Guidance of the Holy Spirit, made Ecclefi- 
 aftical Canons and eftabliih'd Peace among the Churches. And if 
 they never decreed any thing but in that Manner, and now it be 
 refus'd to do the fame \ who will doubt but this is the fble Caufe 
 of our Divifions ? Therefore the Caufe of the Scliifm ought not to 
 be charg'd upon us. And to fay that 'tis the Pope's Prerogative 
 to affemble the Council, and to order what he pleales therein, is the 
 fame Thing as to fay the Pope being in the Affembly abfolutely 
 determines and refolves the Affairs of the Church. And if the Papal 
 See alone is llifficient to do fuch Things, Councils are liiperfiuous. 
 But it is not, nor ever can be fb, while the Holy Spirit ipcaks by 
 the Mouths of thofe Sacred Perlbnages. For we fee that the Popes 
 Agathon^ Celefiin and Leo, did indeed aflemble particular Councils, but 
 it was in order to lay the Matters concerted in a particular Coun- 
 cil before a General Council ^ and they requir'd that the Faith 
 fhould be eftablifh'd by common Confent. Otherwife, if the whole 
 Church was oblig'd to follow the Opinion of a particular Synod of 
 the Pope, without Contradi£lion, it would be in vain to talk of af^ 
 fembling an Oecumenical Council. And becaufe leveral, nay, infi- 
 nite Numbers of People contradi£l this Opinion, which is for ta- 
 king away and abolifhing General Councils, how is it pofilble to re- 
 jeft the only Medicine that can heal the Church, and remedy fb 
 many Schifms ? (a). (4) rig. nif. 
 
 Thus have we feen Thirteen fuccefTive Centuries guilty of Ger fan's ^''- ^'^- ■ 
 Sedition. The Xlllth concluded, and the XlVth began with the^' '-4> *^^- * 
 Noile about the Appeal which was made to the General Council by 
 Philip the Fair, from the Judgment of Boniface VIII, and which we 
 find that Monarch never retracted. Pope Clement V. did not think 
 himlelf fuperior to a General Council, becaule he referr'd to it the 
 Affair of the Condemnation of Boniface VIII, which was flrenuoufly 
 fblicited by Philip the Fair. But this was not the only Monarch, who 
 Vol. 11. Zzz in
 
 54^5 Dissertation Hist, and A p o l o g. ' 
 
 in that Century appeal'd from the Pope to a General Council. The 
 Emperor, Lewis oi Bavaria, appeaFd in 1224, to an Oecumenkar 
 Council, from the Sentence of John XXII, who had excommun.catei 
 him. In this very Century alio, Philip de Falois alfembled a Synod 
 at Fincenncs, wherem chis Pope's Doilrins concerning the Beaiifick 
 Fifion, was condemned-, upon which the King fent him Word that it" 
 he did not change his Opinion, he would have him burnt. A very evi- 
 dent Proof this, that Popes were not thought infallible at that 
 Time; and John X: II. did not think himielf fuch, becaufe he re- 
 {a^Dup'n^T. traEled a few Moments before his Death a). Thus we find Gerfon's 
 ^^•F-5-- Sedition authoris'd in that Century by one Emperor, and by two 
 *' ^* Kings of Fra ce. Return we now to Father Defirant\ Refleftions 
 
 upon the Council of Conftance. 
 
 hi E lays in the hrrt place, that the Thirteen firft Seffions of the Coun- 
 cil were held, not Conciiiariter^ that is to fay, not SynodicaUy, but 
 Nationaiiter i. e. Nationally. This Alfertion carries a manifeft Contra- 
 didion in it, and muft be reckoned pure Nonfenfe, becauleSefTion is the 
 fame as Council, and the Alfemblies of Nations, both General and 
 Particular, are not call'd Seffions but Congregations. 'Tis well known 
 that tne Council relblv'd that every Nation ihou'd affemble to confi- 
 der upon the Matters propoled j that afterwards they all alfembled in 
 a General Congregation, and the .-Articles which they agreed upon, were 
 oirried to the Council, there to be concluded and debated in full Seffion. 
 That's what they call conciliaritery as 1 nave explain'd it in this Volume, 
 Book VI. Art. LXXV. Martin V. did not underftand this Term 0- 
 therwile than 1 explain it here, when in the XLVth and laft Seffion he 
 declared, that he would univerfally and ihviolahly obferve every Thing 
 that had been agreed to in Matters of Faith in the Council it felf con- 
 ciliariter, but not otberwife. ^tiod omnia ^ finguli^ determinata (f con- 
 elufa^ ^ decreta in materiis fidei (^ per pnefens Concihum conciliariter 
 tenere , £5? invtolabiliter obfervare vchbat, £5? nunquam contravenire quo- 
 quo modoy ipfaque fic conciliariter faBa approhat (^ ratifjcat^ ^ nonaliter 
 QT) rimief nee alio modo 'Jj). The not otherwife, that is, mitiomliter, nationally, 
 Jiardt T.IV. is oppos'd to conciHaritcr y fynudically. In order to comprehend 
 P '557, Martin V's Thought, one need only confider what was the Bufi- 
 c^'^^T^XlI* "^^^ '" Hand. The Bufinels was to get condemn'd, in full Council, 
 V 158, conciliariter J Falkembergs, ftditious Libel, which had as yet been only 
 
 ' ^ condemn d by the Commiffioners in Matters of Faith, by the Na- 
 
 tions nationaliter, and by the College of Cardinals. Martin V. re- 
 fus'd to do this, and would not oblige himfelf to any thing but what 
 had been refolv'd upon in Matters of Faith, conciliariter, i. e. in a 
 full Seffion of the Council. 'Tis very plain from thence, that accor- 
 ding to Martin V, conciliariter, fynodically, is oppofite to nationaliter, 
 Mtionally. Neverthelels Father Def.rant has thought fit to give an- 
 other
 
 for Gerson and the Council of Constance. 547 
 
 other Meaning to this Term ccnciliariter^ which is very difficult to 
 untold. He takes it for granted, that the lirfl: Obedience of the 
 Council refolv'd to do nothing conciiiariter, i. e. lynodically {a). Here , ^-^^^^ 
 are two Suppofitions equally Iklie : The firlt is, that the firfi: Obedi- jjj c x^i. 
 ence relblv'd to do noihmg, cofjciliariter ) for I have demonftrated in my p. 75. 
 Explanation of that Term, that this Obedience refolv'd, tiiat what had 
 been agreed upon in the Aiiembly of the Nations, ihould be pals'd 
 in full Seffion, conciiiariter. Tiie lecond is, that the firrt Obdience 
 was not the Council itleif Now that this firlt Obedience foim'd a 
 General Council, is evident from the following Realbns. i. ThisO- 
 bedience was convok'd as a General Council, by the Emperor and the 
 Pope, which is a Quality elfential to an Oecumenical Council. 2. John 
 XXIII, who prefided in it as long as he ftay'd there, having fiic- 
 ceeded Alexander V, he was efteem'd a legal Pope by all Mankind, 
 except by the Schifmatical Obediences. ;. Thefe Obediences could 
 not be admitted to the Council, till they recogniz'd him, and united 
 to the Council, as they did. Till then they were Parties, and they 
 were about to be judg'd. 4. When they were united to the Council 
 they approv'd all that had been done in their Ablence. 5. Yo-^z Mar- 
 tin V. himfelti after his Eleilion, approv'd all the Decrees of the 
 Council, without excepting thole of the firfl: Obedience. 'Tis true, 
 that in this Approbation, he only fpeaks of Matters of Faith, but he 
 does not except thole of Difcipline-, and 'tis alio highly probable that 
 he includes them in fuch his Approbation. Indeed, who is fo blind 
 as not to lee that 'tis a Queilion of Faith, to know whether the 
 Council is fuperior or inferior to the Pope j and whether 'tis lawful, 
 or not, to appeal from the Pope's Sentence. Certainly the Ultramon- 
 tane Divines make the Pope's Superiority to be one of the moft el- 
 fential Articles of Eaith, and repute the contrary Maxim to be a 
 grofs Hereiy. Tis indeed, a Matter of very great Importance, with 
 regard to Eaith, to know whether that Expreffion of Jefus Chrift to 
 St. Peter, I have pray" d for thee, that thy Faith fail not, relates either 
 to St. Peter alone, or to thofe who pretend to be his SuccelTbrs, or to 
 the Catholick Church in the Perfon of St. Peter, as St. Anjlin un- 
 derftood it. But more than all this, it is manifeft, that Martin V. 
 conlider'd thele Qiieftions as appertaining to Eaith, becaufe in his 
 Bull for the Inquilition among the Huffites, he would have this Que- 
 ftion put to them, among others, viz. l^Fhethsr the Criminal is not 
 fully perfuaded that all General Councils, and in particular that of Con- 
 ftance, reprefent the Univcrfal Church ; and that what this lafl Council 
 has approv'd, and does approve for the Fnterefl of the Faith, and for (l) Hift. of 
 the Salvation of Souls, ought to be approved by all the Faithful ; and the Council 
 that ivbat the Council hath condemned, as contrary to Faith and good °! ^]"f,'*^'\ 
 Manners, ought in like Manner to be deem\l as juflly condemned {by yj '^^.^ "[^ 
 
 Z z z 2 This
 
 558 DissEilTATioN Hist] and A p o l o g. 
 
 This relates manifeftly to WickUff, John Hus^ Jerome of Prague, and 
 to the huj/itcs, condcmn'd before the Union ol all the Obediences, 
 and before the Election of the Pope-, and by conli quence, Father De- 
 Jiranis Exception is but a wretched Evafion, which even bears a 
 Charailerot Herely, according to the Meaning of A/flr//« V. Itallo 
 appears from tJience, that Father Deftrant is quite miftaken, where 
 he pretended that the Decrees of the Vth SefTion of the Coun- 
 cil of Conjiance were not propos'd as Articles of Faith, but as Arti- 
 ticles of Difcipline, and as provifional Conftitutions ^ becaufe Mar- 
 tin V. requiri.s that the Huffitcs be interrogated upon this Qiiertioni 
 as an Article of Faith, IVhether all General Councils, and in particular 
 that o/"Conftance, do not reprefent the Catholick Church. Which in- 
 cludes their Infallibility and Superiority ^ tho' Martin V. does not ex- 
 p- eis it, becaule he began to play laft and loole. Befides thofe Words, 
 the Salvation of Souls and good Manners, diftinguilh'd from the Interefl of 
 the Faith, plainly infinuate what the Council of Conflance had refolv'd 
 itpon in the Vth Seflion, touching Dilcipline, the Extirpation of the 
 Schifm, and the Reformation of the Church in its Head and Members. 
 Father Deftrant builds upon the Affertion that thole Decrees 
 (a) ti'ffert. were read in Manner of Synodical Conftitutions {a) : But I never heard 
 ill £. 103. fey, that Synodical Conftitutions might not treat of Articles of 
 Faith, as well as Matters of Difcipline. If the Term Conjlitution 
 is limited to that Senfe, it will from thence follow, that the Conlli- 
 tution Unigenitus of Clement XI. does not run upon Articles of Faith, 
 but upon Aifairs of Difcipline. But where is the Neceflity of ex- 
 patiating further upon this Subject ? Probably the Fathers of the 
 Council of Bafl underftood the Meaning of the Decrees of the Coun* 
 cil of Conflance, as well as Father Deftrant. Now they call the Der 
 crecs of the f-ifth SefTion, Truths of Faith -^ and the contrary Opinion, 
 a Herefy. Veritas eft Cathvlic<e Fidei facrum generale Ccncilium fupra 
 Papani, i3 aliuni quemvis poteftatem habere. Generale Concilium legitime 
 congregatum fine ipftus confenfu, nee diffolvere, nee transferre, nee prorogare 
 ad tempuSy ex autoritate fua poteft Romanus Pontifex, idque veritatis 
 ejufdem efl. ^11 pertinaciter his veritatibus fe opponit, bareticus efi cert' 
 (h-)Mi. Sfh.fendus (/») /. e. Tis a Truth of the Catholick F'aith, that the facred 
 L. I. lie Con- General Council has Authority over the Pope, or any other Power, 
 "'■■^"^'P'"- The Pope of Rome can by his Authority, neither dilfolve, nor ad- 
 journ, nor proroiiue a General Council legally ai;embled without their 
 Confent, and this alio is as true as the other. He that ftubbornlyop- 
 pofeth tiiele Truth?, nr.uil be deem'd a Heretick. 'J he Cardinals 
 who were at the Council of Bafil, had the fame Opinion of thele 
 T'ecrees, when Eugene iV. was for diliblving the Council, which, is 
 a. Circumfiance 1 learn from M. yirnaud. ' The Council of Bafl 
 ^'fays this Di^^or,. did it again in another Synodical Letter of the 1 5 th
 
 y^rGERSoN and the Council <?/' Constance. 54^ 
 
 * o^JtcJfj 14^1} when there were leven of the chief Cardinals in the 
 
 * Council, who are ail n.imd in che chirteench Synodical Letter of the 
 ' fame Council, dated the 1 ,th of ^«w, 139, wherein tis remarked 
 ' that all thofe Cardinals, as well as all the Fathers ot the Council, 
 
 * by the laid Letter of 1 13., in anlwer to the Pope who was tor dil- 
 
 * folving the Council, and pretended a Power to do it, laid, //-> iiill 
 ' lofe our Lives rather than covjardly confent to fo great an Error. 'This 
 
 * Article about which ive now difvute, concerns The Faith, a.id our 
 ' Salvation is at Stake^ if m ne^leEl it. If the Lord hw^zuQivill not hear 
 
 * the Church, he i^iuji be reputed as a Heathen and a Publican. No body 
 ought to know better what is of Faith, or what is not, than a Child 
 of die F"amily of St. Dummic^ the hrlt Inquifitor of the Faith. I. 
 mean Father Alexander Noel, who has aiierted and prov'd in Oppo- 
 fition to Scheljlrate, that the Decrees of the Vth Seffion appertain'd 
 
 to the F"aitli<«). {a)vbifupa^ 
 
 V\hat 1 have now faid, may fuffice to dcmonftrate that the O- P' '^^^' *^® 
 bedience of John XXI IL lorm'd a General Council. This is what 
 the Clergy of France, alfembled in ic8:, clearly eilablifh'd againfl the 
 Pretentions of the Court of Rome. Since that Time, Father Ntel 
 yilexande^., Leuii:, Maimhourg, Eliis Dupin, y^nthony Arnaud and ibvciSil 
 others iiave prov'd the Matter fo iully againft Scheljlrate, that Father 
 Dejiraitt ouglic to be aJham'd for harping lb long upon an Objeftion 
 id unrealbnaoie, and 10 folidly confuted. Mean time fince we are 
 obliged to le.uin to the Cliaige, it will not be amifs to hear what is - 
 fdia upon it, by fome ot thule Doctors who muft be more unexcep- 
 tionable to Father Defnant, than I can be, becaule exclufive of other 
 Considerations, they dy'd in the Faith of the Church of Rome, and .^ 
 adually delended the lame with Vigor againfl Us Hereticks. As • 
 Father Lewis Maimhourg is the firft in Late, we muft hear him • 
 fint. ' The Third Argument which he {Schelflrate) makes ufe of 
 
 * to weaken the Authority of the Decrees of theft two SefHons 
 
 * is, that the Council being at that Time only composed of John 
 
 * XXIIls fingle Obedience, could not reprefent the Catholick 
 
 * Church. Now ro convmce him ot the Invalidity of this Argument, , 
 
 * which is und ub edly the vileft of all, 1 need only tell him in two ■ 
 
 * V^ ords, that wnat he pre-fuppofe';, according to .flf//«rw«;>;^, who has > 
 furniih'd ijim with all th ile v\e.tk Ubjeftions, is very falfe. Foral- 
 
 * molt all the Caidinals of the two Cbeuiences, of Gregory "S.!!,. , 
 
 * and Benedict XIII, uniicd to the Council of Pifi, in which thole. 
 
 * two pietended Popes wlio made a Jeft of all Chriftendom by their 
 
 * Coliu on., were declai'a Schiimaticks and Anti-popes, and j^le.xau' 
 
 * der V. was eletted and own d to be the true Pope by the greateft 
 
 * Part of the Churches, without any Cumparilon, and elpecialiy by 
 *'tlit Churcii Oi y<:e»;f.. Now. thole, lame Cardinals, and thofe Bi- 
 
 > 
 
 c
 
 550 
 
 Dissertation Hist. <7?/^Apolog. 
 
 iliops who compos'd this moft numerous Council, continued it at 
 Conftancey as Pope John XXIII, wiio was own'a by the laid Coun- 
 cil for a true Pope, declares in- exprets leims in the Buli where- 
 by he calls thi Council, according to the Or>Jer that was maJe at 
 PifaiivQ years before. Confcquencly the Obedience of Jo/m XXIII. 
 had not only almoil ail of the Kingdom.s or ChrifttnJom, and even 
 the Church of Rome on its Side, but was alio compos'd of the greateit 
 and Ibundeft Part of the two other Obediences, w/iich united to Pifa 
 and continued this Council at Confiance. If M. Sdellirate pretends that 
 the Ablence of thofe who ftill held ouc for either of the two that 
 had been declar'd Schifmaticks and Anti popes, hinders the Council 
 from bemg Oecumenical, he muft know by this unjull Prctenfion, he 
 would fpoil moil: Councils that are held ^ for the Hereticks therein 
 condemn d might lay that thofe of their Party, who had a Right 
 to be present at it, either were not there, or would not own thole 
 Councils for lawful and oecumenical. And this is what the Prote- 
 ftants would have a Handle to (ay, elpecially of the Council of 
 Trentj in which there were no Bifhops of the Church of England^ 
 nor any of Denmark^ Norway, Sivede/i, nor any of that Part of 
 Germany which adheres to the Augsburg Confefllon, nor any of" 
 Greece, of the Eaji, and of Egypt, who do not own the Pope to be 
 Head of the Church, and are no moreof his Obedience, than were 
 thole at the Time of the Council of Conjlance who held out for 
 Peter de Luna, or Angela Corario. All thefe Bilhops, I fay, of fo 
 great a Part of the Chriftian \\ orld, were abfent from the Council 
 of 'Trent, when it made its Decrees, and would not acknowledge it. 
 Is there any thing more certain? And yet M. Scheljlrate is oblig'd 
 to confefs with al! the Catholicks, that their Abfence did not hin- 
 der that Council from being Oecumenical ; becaule, in order to ren- 
 der a Council Univerllil, 'tis enough that all be invited to it, as 
 they were, and that they may be at Liberty to be prefent, if they 
 will , or if the Princes, on whom they depend , give Leave. 
 Conlequently the Abfence of the Prelates, who were all the Re- 
 mains of thole two wretched Obediences of Peter de Luna and Jn- 
 gelo Corario, does not hinder the )3ecrees of Conflance from being 
 Definitions of an Univerfal Council, and from having an infallible 
 Authority («).' 
 In the feccnd place, we wiH 
 
 (/i) traiie 
 
 Hi ft. de I'Fgl. 
 
 Ram. p. 2iS, j^T^i Jlexander favs 
 
 '^°- of the Bifhops oi" 
 
 give 
 
 a flwrt Abftrafl: of what Father 
 , i . He proves by two Tnftances that the Abfence 
 any Provinces or Kingdoms did not hinder the 
 Council of Conjlance from being a General Council, when the IVth 
 and Vth Seflions were held. The firft Inflance he gives, is the Coun- 
 cil of Ephefus, which the whole Church deem'd to be an Oecumeni- 
 cal Council, notwithftanding the Abfence of the Patriarch of Antloch, 
 
 2 and
 
 for Gek 5 oii r fid t be Council <?/ Constance. 551 
 
 and of all the B'fh'^ps of that Patriarchate, and notwithfla^ding the 
 Oppo ition ot a great m.iny otlicr Eilhops. his Iccond Inllance, is 
 tJie Council of Tien/j which paikth with the Church of Rotne, at Icaft 
 among tiie UUr^mon/aries, for a General Council, tho' the B'ihops of 
 .Ci^iifiu.:)', and of feveral other Provinces, were abfent during the Ce- 
 lebration ot the Fiill SelTions. I could make other Relicdions upon 
 the Council of Trent , buc ciiey are not to i.y Purpolc, and this In- 
 ftancc may very well be produc'd againfl: Father Defnant^ as Argiimcn- 
 tum ad humiriemy z% Maimbourg Jias maJe ufe of it againft SJoeljlrate. 
 
 i. Father Nuel Alexander julliy ma'ntains, that when the Obe- 
 diences of (jregary XII. and Benedil XIII. uniced in the Council, 
 they did not excep' againil die Decrees of the IVth and Vth Scf- 
 f;ons : And as this Fatlier very well oblerves in the XXth Sedionj, 
 wiien the Concordaies of Narbonne were publiih'd, it was likewife 
 agieed, tliac Eicry Thing reliting to the Extirpation of the Schifm and 
 HerejieSj to the Union of the Churchy to its Reformation in the Head and 
 Members, to the EleSlion of a Pope, and to the other Caufes, the Cogni- 
 zance -whereof KVV'E.^'^.'TM^^S BY Right to an Oecumenical 
 Council, JJjouU be left to the Dilpofal of the Council {a). (j!)Hiftor}rof 
 
 In like manner, the Council oruers in the XLthSefTion, after the ^(-^j.^^^™^ 
 Obediences were united, that the future Pope fh all reform the Church Vol. L Book; 
 VI its Heady in concert ivith the /aid Council, or ivith the Deputies of IV. Seft.LV. . 
 the Nations, who pall he appointed for that Purpofe; and among the ^^^- ^^• 
 Articles, upon which the Reformation was to turn, the Xlllth was 
 this, Upon the Cafei, for 'which a Pope may be correU^d and deposed (Jj). (^) Hiftory 
 Which is a very manife.t Confirmation ot the Decrees of the Vth ^jj ^^^ ^°„""" 
 Seflion that eftabhih'd tue Superiority of the Council over the Pope (c). aanre Vol 
 
 5. If the Council of Conflance could not have a ilifficient Autho- II. Book V. 
 rity without the Union o'" all the (3beJ'ences, all that the Council did Art. 8j. 
 to the XXX Vth SedTon, when the laid Union was compleated, muii^'J ^^^p'^'^ 
 necelfarily be invaliuated. j\!ean time father Defirant would have ^il of c^^,' " 
 only what was tranlacted to the Xlllch Seflifn inclufively, deem'd -ds ftame. Vol. 
 null and void (d). Bui I don't lee for what Realbn. Is it that the -f- Book II. 
 Union of the Spaniards was not as elTential to the Univerfiility of af\^^- ^.^ 
 Council, as the linall Obedience of Gregory XII? This is undeniable. >^^'^"^*- ■*• ■ 
 Therefore not only tiie Condemnation of // ickliffi XLV Articles in 
 the Vlllth Seffion, the epofng of John XXIII. in the Xllth Scf- 
 fion, the Decree to receive the Communion in one Kind only in the 
 Xlllth Seflion, muft becieclard null 5 but alio the Condemnation of 
 John Plus, in the XVth Seflion, and ot Jerome of Prague, in the 
 XXllt, which would be liable to tenible Conlequcnces, with regards 
 to the Church Oi" /Lf/Wf. Thelc arc tlie Confequences, as they are re- 
 preented by 'Thomas de Corfetlts, a Canon of Paris, whom Felix Y. fent 
 to the Allembly of Boiages, in 144c. I will here give this Author's-; 
 
 WordSj.^ •
 
 552 Dissertation Hist, and A p o l o c- 
 
 Words, as they are quoted by Father Noel Alexander. * As to what 
 
 * fome affetltolay, that the Declaration, which lays that the Ccuncil 
 ^.hatb imrKediately received its Power from Jeftts Chrifty was mt made 
 
 * by the Church, becaule all the Obediences were not then at Con- 
 ' fiance, no other Obedience being there but that o^ John XXIII^ 
 
 * this is maniicltly confuted by the lull of Martin V, and of the 
 
 * whole Council. TJks Bull lequires that the Qiieition be put to a 
 
 * Perlbn fufpefted of HuJJitifm, whether he believes that the Council's 
 
 * Sentence againft John Hui and John Wickliff was juffc and lawful. 
 
 * Mean time, 'tis clear that this Sentence was pafs'u befoie the three 
 
 * Obediences were at the Council. 'Tis the lame thing with the De- 
 
 * crce concerning the Communion in one Kind only, for there was no 
 
 * Obedience prefent but that of 5'o/:'« XXIII. Confequemly, it appears 
 
 * by the Tenor of this Bull, that Martin V. own'd the Council of 
 
 * Conftance to be a true Council, and the Reprelentative of the Ca- 
 
 * tholick Church, not only when the three Obediences were prefent, 
 
 * but alfo all the Time before their Union. For tho' all the Obedi- 
 
 * ences were not at the Council, they had been calld to it, and when 
 
 * they came they approv'd of what was done before-hand. So that 
 
 * the Pretence of thole who impugn the Authority of Cieneral Coun- 
 
 * oils, has been deftroy'd by the /Authority of the Apol^olical See, by 
 
 * that of the Catholick Church, by the Pope, and by the Cardinals 
 
 * who were at the Council of Conftance.^ 
 
 This might be fufficient to eftablifli the Univerfality of the Coun- 
 cil o{ Confiance, when only the Obedience of John XXIII. wasprefent, 
 and notwithlT-anding the Ablence of the Schifinaticks. However let 
 us give one Moment's Attention to Af. Arnatild. After having, as 
 well as others, inftanc'd the Council of Trent, he adds, that St. Au- 
 fiin would have been in the Wrong to call a Council of Africa by the 
 Name of a General, or Full Council, becaufe the Donatift Bifljops, -who 
 
 fayvhiffipra ivtre not lefs numerous than the Catholicks, were not prefent at it {a). 
 
 P'SJi- Then he puts nine Queftions to M de Schelfirate, among which there 
 
 are Ibme which will be very well put to Father Defirant. 
 
 I. 'Tis demanded therefore (of Father Defirant') if when the 
 ~* Church is divided by a very fatal Schifm, while there are two 
 
 * doubtful Popes, who as all the World lees, aim at nothing but to 
 
 * preferve each his Dignity (i), without endeavouring the Perfor- 
 
 * mance of what their Eledl;ors thought necelTary for putting an end 
 
 * to the Schifm, and what they were obhg'd to do by Oath, made 
 
 * both before and after the Eledion ; let him anfwer, I lay, if in fuch 
 
 * a Cale the Church has not a Right to alfembie, and if when aP 
 
 (0 Father Vefirant will not own this, makes a Hero; but this is not the Thing 
 jiVith regard to Gregory XIJ, ot whom he in <jueftion. 
 
 2 * fembled
 
 fofCiv^son and the Council ^/Constance": 55^ 
 
 * fembled, it cannot oblige thofe dubious Popes to fulfill their Oath; 
 
 * and in cafe they refufe it, to depole them, and afterwards to create 
 
 * a Pope who is certain and undoubted (;?).* He will be forc'd to(<«) trSf/a/n-.f, 
 own it, becf'ife however he does not deny but the Decrees of thsP-55'' 
 Council of Conflance might take place in Times of Schilm, which is 
 
 the Boundary he fixes to them. This was alio the Opinion of Bel- 
 larmine^ as has been fhewn by M. Arnaud (Ji). (b) uhifupn, 
 
 2. The Iccond IJemand is, whether at the Time of the Council P- 35^> 355- 
 •of Conftance the Church was not rent by the mofl: violent and obfti- 
 nate Schilin that was ever known in the Weft. This Father Deff 
 rant cannot deny: For tho' he does not own it, with regard to Gre- 
 gory XII, becauie he makes an Apology for him (c) j he muft however (c)uj;y«j)^^^ 
 confefs it with regard to Peter dt Luna, whofe Obedience was much Cap. 1. 5c II! 
 more confiderable. We will fuppole, even as he pretends, that Gre- 
 gory was wrongfully depos'd, and that he had the fincereft Intention 
 that could be to refign j fuch Refignation was not perform'd, and the 
 Church was oblig'd to hold an AlTembly, in order to make up the 
 Aifair between the three Competitors. 
 
 5. These two Articles being conlels'd, M. Arnatid demands of 
 M. de Scbelftrate, and I demand of Father Defiranty ' Whether he 
 could believe in his Confcience, that the Abfence of fome Prelates, 
 that continued attach'd to Gregory XII. who was canonically de- 
 pos'd by the Council of Pifcij and the Want of the Confent of the 
 pretended Obedience, which was in a manner wholly confin'd to the 
 Town of Rimini, hindered the Council of Conflmxz from being 
 Oecumenical ? V\ hat he reports from the Acls of the Council could . 
 not give the leaft Colour of Probability for a Thought lb unrea- 
 Ibnable- For the moft that it amounts to, is, to make us take No- 
 tice of it as a mighty Matter, that this counterfeit Pope would 
 not refign the Pontificate, with which he all along believ'd himfelf 
 vefted, till he had difallow'd the Calling of the Council by Baltha- 
 far de Coffa, and empower'dhis Legates to call a new one in h's own 
 Name, to which the Council cond^^fcended. What does he pretend 
 to infer from hence? That this Ipurious Pope v^as of that Opinion? 
 'Tis granted, tho' we muft tell him it was foolifli and ridiculous. 
 But from whence comes it then, lays he, that the Council did not 
 condemn it, but, on the contrary, conlcnted that one of his Envoys 
 Ihould, in his JVIafter's Name, renew that Call? The Council did 
 not leave what they thought of it to Conjecture j but expreisly fig- 
 nify'd it by the Aft tor uniting of Gregory XII's Obedience 
 with that which liad recognis'd John XXIII for Pope (tor he was 
 at that Time depos'd) wherein they declar'd that they admitted of 
 the [aid Call, Sanilion, Approbation, and Confirmation, in the Name of 
 Him, "who in his Obedience is calfd Gregory XII, becau/e an tmnecf- 
 VoL. II. A a a a fary
 
 554 Di s s E u T A T I o N H I s T. and A p o l o g^ 
 
 fary Precaution taken for greater Certainty^ when Good is the End of it^ 
 hurts no body, but is profitable to all. * How, moreover, could 
 
 * he be fo blind as not to fee that the Council was very far 
 
 * from thinking that this Union of Gregory^s Obedience was what 
 
 * they wanted to make them a General Council, lince in the very Aft 
 
 * of theUnion, which could not take Effeft but by Gregory's Refignation, 
 
 * which did not happen till afterwards, they take this 1 itle ? The Ho- 
 ly and Sacred General Council of Conftance, laivfully ajfembled in the 
 Holy Spirit J and reprefenting the Catholich Church, confents that thefe two 
 Obediences be united under Jefus Chrijl the Head, 13 c 'Tis therefore 
 
 * in quality of a General Council, that they contented to what Corario 
 
 * demanded for making the Union-, and by conlequence it was not this 
 
 * Union only which conitituted it a General Council, as if it had not 
 
 * been fuch before. M. de Schelfirate muft needs agree in it, becaule the 
 
 * Ohcdki^nc&oi Peter de Luna, which was much more conhderable, not 
 
 * being yet united to the Council, the uniting of it with the Obedi- 
 
 * ence of Corario, would have fignify'd nothing towards giving it the 
 
 * Quality of a General Council, if the Union with thofe two Ichifmatical 
 ia-)vllfupra, ( Parties had been necelHiry for that Purpofe («).' The fame Refle- 
 .1^'' ^'^^' ftion may be made upon the Complaifance which the Council of Con- 
 
 fiance fhew'd alio to the Obedience of Peter de Luna, by not alTuming 
 the Title of General Council, in the Letters they wrote to the Princes 
 and Prelates of that Obedience. ' It does not follow from thence, 
 
 * fays M. Arnaud, that the Council did not think it felf a General one 
 
 * before the faid Union ; the contrary is very manifeft from the Pieces 
 
 * of the Procefs, which will be given at large in the MS. of Rome, 
 
 * which was the Appendix to the Council of Conflance, in the Xllth 
 
 * Tome of the Councils (by Labbe and Ceffarty For 'tis there faid 
 
 * (Ipeaking of the Conference at Perpignan') that Peter de Luna made 
 '' no Account of all that was laid to him by the Ring of the Romans, 
 
 * by the King o'i Arragon, nor by the Ambalfadors of the General 
 
 * Council of Constance, which rtprelents the whole Chriftian 
 
 * Church, and in which it was united, and is lb ftill \ the Spaniards, 
 ici) Council, * and fome other Imall Parts of it, hereafter mention'd excepted (/^).' 
 "^'3^^' ^" '^'^^ clear therefore, that it was Prudence, and well digefted Policy on 
 '^'^''^^' the Part of the Council, to grant Leave to the two Schifmatical O- 
 
 bediences to call the Council again, becaule otherwife it was impol- 
 fible to hope for the Union of the Church •, and 'tis as plain that this 
 was by no means a Delpondency, or a Retrailation, or a Renunciation of 
 the Right of being a Catholick Council, as is pretended by Father 
 Deftrant, who fays, ' that John XXIll's Obedience fuccumb'd un- 
 
 * der thole of Gregory XII, and Peter de Luna.^ Obedientia quafuerat 
 . , . Johannis XXHI. non tantiim fuccubuit coram Gregorio XII, fed etiam 
 lU. v'lio. Pfi^'^ coram ilUs qid fuerant de Obedientia Petri de Luna (t). But 
 
 ' ' " ' 2. who
 
 for Gerson <?«^ ?/?i? Council ^/Constance.' 555 
 
 who does not fee that to relax from a Right for a time for the Hike 
 of Peace, and by a Convention between the Parties, is by no ineans 
 a fuccumbing. 'Tis on the contrary not only prudential, but kind 
 and magnanimous, to make this Sacrifice for the Pubiick Safety, and 
 for fo great a Good as tlie Peace and Union of the Church. The 
 Council ot Conflance was not ignorant that it was a General Council 
 from the firft Inftant of its being call'd ^ but it was inchn'd to act 
 as if it was not a General Council, at a particular JunSure, for the 
 pubiick Satisiaftion , and for the reclaiming of the Schifiiiaticks. 
 This i-s what M Arnaiid plainly demonftrates, according to Father 
 Alexander^ by the Example of the Bifhops of ^w<2. ' The Defire, 
 
 * fays M. Arnaud, which the Council of Conflance hadtoreftore Peace 
 
 * entirely to the Church, and to leave no Pretext for continuing lb 
 
 * long a Schilm, made them accept thefe Conditions. They were en- 
 
 * abled and oblig'd to do it, by the Dittates of that dilinterefied Cha- 
 
 * rity, which becomes all Things to all Men to gain all ^ and of which 
 
 * the Bilhops oi Af.ica gave a marvellous Example, by offering to the 
 
 * Donatiji Bifhops, if they would unite to the Church, either that 
 
 * both the one and the otJier, the Catholick and the Donatift^ fhould 
 
 * be Biihops together in the fame See; or that if the Eaity did not 
 
 * like this, both the one and the other fhould renounce the Bifhop- 
 
 * rick, that a third might be elefted with common Confent {a : The ["^ Jp'* 
 following is a fine Pafiage out of St. Aujiln, and this is the right ^ 
 Place for inferting it : Are you willing, fays St. Aiiftin to the Donatifls^ 
 
 to be BiJJjops ivith us ? Be it fo. Don't the Laity care to have tito Bi- 
 
 fjops ? Be ye our Brethren in the Heritage. Let us not hinder the Peace 
 
 of Jefus Chrifi by Ambition and Pun£lilio''s of Honour. Can we espeEl 
 
 Cekjiial Peace f if we wrangle here below for Honour ? Let us put 
 
 Error away, and live together in a happy Union, I own my felf your 
 
 Brother, and I take you for my Brethren, excepting Error and Diffenfion. 
 
 Let this be correEled, and you are mine. JVhy will you not be mine ? 
 
 For my part, if you amend, L am willing to be yours. 'Thus by throwing 
 
 down Error, which is the Id/'all of Separation betwixt us, be you my 
 
 Brethren, as I am your Brother, to the end that we may be both His, 
 
 who is my Majler and yours. We fay this for the fake of Ptace, and 
 
 not from a Diffidence of the 'truth (f). That was precilely the View (h)jip.Kaiar. 
 
 of the Council of Conjiance, in accepting the Conditions of the fchil^ Akxand. ubi 
 
 matical Obediences. /"/"•'»• 
 
 Proceed we now to the other Complaints of Father Defirant 
 againfl the Firft Obedience. That which troubles him mofl is, 
 that according to him, the Method of voting, not by Voices but by 
 Nations, is irregular, uncanonical, artful, and contrary to the Ufage 
 of Councils, which he calls non conciliariter, not l)nodically. Let us 
 hear what he fays ; for this pretended Irregularity is as it were his 
 
 A a a a 2 War-
 
 55^ Dissertation Hi st. and Apolo g^ 
 
 War-horfe, and a new Battery which diftinguiflies him, as he fays^ 
 from all the other Champions of the See of Rome. * What the Ad- 
 
 * vocates of Truth, fays be, found moft to their Purpofe in the Afts 
 
 * of the Council of Conjiance, fb many as have been printed to 
 
 * the Year 1689 Ci), is, that the Decree's of the IVth and Vth Sef- 
 
 * fions were the Decrees but of one Obedience, and that by conle- 
 
 * quence they muft not be alcrib'd to an entire Council confifting of 
 
 * three Obediences. But now we are enabled to go farther by the 
 
 * help of new Difcoveries, and to prove by the Confeffion and Declara- 
 
 * tion of the very Authors or Members (Pro/e^r«»/i)of thefirftObe- 
 
 * diencc, that this Obedience did nothing canonical, becaufe it did 
 
 * nothing conciliariter, fynodically. This irregular Artifice, lately 
 
 * attempted at Conjlance, in Oppofition to the facred Canons, and con- 
 
 * trary to the Practice of the ancient Councils, had a very tumultuous 
 
 * Original, and began prelently after the firft Sedlon, in which no- 
 
 * thing was refolv'd (2)- There areleveral Remarks to be made upon 
 this. I. I fliould be curious to know what are Father Dejiranfs new 
 Difcoveries: For as to what he tells us upon the Authority of Father 
 Hardouiti's A£ts, concerning fuch precended Irregularity of Voting 
 by Nations, it is to be met with every where, particularly in the Ap- 
 
 (jj)P.-44S, pendix to the Xllth Tome o{ Labbe's Councils (^), in the Cofmodro- 
 fb^A VI ^"^ °^ Gobelin Perfona (b), in Fan der Hardt's Colleftion (^), printed 
 J, ,,pj ■ in 1(597, 1699, 1700 i and in this Hiftory of the Council of Co«- 
 (OT.i. p. fiance (d). 2. The Author's Overfight, or rather Impofitien, rela- 
 f6i, II. p. ting to the Word conciUariter, has already been expos'd. 3. I ask 
 ajj. IV. Fa;;her Defirant whether a General Council, fuch as the Council of 
 iA\ Vol^ /°° Conftance has been demonftratively prov'd to have been at the very 
 JL, I Art. 74. Beginnings whether, I fay, luch a Council was not in the right to 
 chule the Method which it thought moft expedient for gathering the 
 Suffrages, in order to avoid Confufion and Partiality, efpecially whea 
 the Bufinefs in hand was to fiipprels an inveterate Schifm, and to pre- 
 Tent John XXIII. from continuing it by the great Number of his 
 Creatures, if they had voted by Perfons, inftead of voting, as they 
 did, by Nations. But this is not all ; for the Reproach which Fa- 
 ther Defirant cafts upon the firft (Obedience, and upon the thirteen 
 firft Seffions, ftrikes at all the others ; becaiile the fame Method was 
 flill foUow'd when the three Obediences were united j and becaufe, ac- 
 cording to F'ather Defiranfs Confeffion, Alartin V. himfelf foUow'd 
 it after his Eleiiion. Thus by one Dafh of the Pen he annihilates 
 the whole Council of Conflance from the Beginning to the End. 'Tis 
 in vain for him to think to delude us with his chimerical Explanation 
 
 (i) He probably means the Afts prin- (2) ITiree Months after, viz. Feb. 7, 
 usd in Germany; in i6»)5>. I4.J5' 
 
 z. of
 
 for Gerson and the Council c/ Con stanch!! 55.7 
 
 of the Term conciliariter. Certainly Martin V. did not iinderftand it 
 in the Senfe that he does : Otherwife this Pope would have been guil- 
 ty of the grofleft Nonfenfe that ever Man was, by iaying, I ratify no- 
 thing hut ivirat has been refolvd on by the Majority of FoiceSy becaufe 
 no Refblution had pafs'd in that manner, during the Council, in the 
 publick Seffions -^ for as to the Affemblies of the Nations, they voted 
 there by Perfons : Therefore, that would have been the lame Thing 
 as to fay, / "will ratify nothing at all, «nd J dijfolve the Council. This 
 is the Upfhot of all the Arguments, or rather all the Sophiftries of 
 Father Defirant^ from the XXIild Chapter to the XLIIId and laft. 
 He triumphs in the Confeflion made by Peter d'yiilli, the Cardinal of 
 Cambray^ that feveral complain'd of the Method which liad beenfol- 
 low'd by the Council of Conflar.ce^ in taking the Votes ; and he inter- 
 prets this Acknowledgment into a Recantation. But iuppofe it were 
 fb, what Confequence can our Author draw from it? "I he Cardinal 
 of Cambray fays, that many complain of the Method that was ta- 
 ken of voting by Nations, and not by Perfons ; ergo tfie Council retract- 
 ed ; or elfe, if you pleafe, the Cardinal of Cambray retraced this 
 Method •, ergOj the Council retraced. But when all is faid and done, 
 Peter d Ailli never retraced from what he had conftantly maintain'd- 
 during the whole Council, concerning the Superiority of General Coun- 
 cils, and the Right they had to corred, and even to depofe Popes. Tis 
 true, that about the Clofe of the V'ear 14 16, or Beginning of 1417, 
 his Difcourfe [concerning Ecclefiajlical Power was publickly read, 
 wherein he propofed the Doubts flatted by feveral Perfons, about the 
 Order which was kept in the Council. Occafione pradiHarum conclu' 
 Jjontinty hie occurrunt uliqua duhia qua circa erdinem hujus facri Concilii 
 apud nonnuUos magnam perplexitatem inducant {a). The firll Doubt was, («) T^iAev ■ 
 
 * Whether in this facred Council, the four IS ations thus diftinguifh'd, »'*»^''', T. VI, 
 
 * viz. the ItaliaHy Frenchy German^ and EngliJJjy exclufive of the Col- P' '^' ^*' 
 
 * lege of Cardinals, form a General Council, becaufe thefe are feveral 
 
 * particular Councils, very unequal and difproportionable, and which 
 
 * deliberate leparately ; which Deliberation being made exclufive of 
 
 * the laid College, and not in a General Seflion, by the CollcLtion of 
 
 * Votes, ought not, in the Opinion of feveral, to be reckon d a De- 
 
 * liberation of the General Council made rollegiately.' Pray mark 
 this lail Word. 'Tis a Term we meet with in the M S S. of Vi- 
 enna, Helmfiadt, and Gotha \ but inftead of collegialiter. Father Z)f- 
 fnant has tbifted in conciliariter, fynodically, 1 know not whetlier 
 of his own Head, or from the Edition of !t athsv Hardouin's Councils,, 
 which he follow'd •, but I plainly fee, that 'twas put in to favour the 
 Explanation he gives of the V\ ord conciliariter, which no where fig- 
 nifie? what he pretends it does. Be this as it will, the Doubt of 
 any People, more or lefs, is not the Sentiment of the Cardinal de Ca?4i-
 
 558 Dissertation Hi st. <7«^ Ap o lo g. 
 
 hray^ which he had fiifficiently explain'd elfewherc, and from which 
 he does not retract here. The fecond Doubt will illuftrate this Pre- 
 late's Sentiment. * This J^oubt is, Whether the faid Nations, 
 
 * which are new particular Colleges, that, in the Opinion of leve- 
 
 * ral, are eftablifh'd againft, or rather beyond the ancient Cuftom ot 
 
 * facred Councils-, whether tho' they have been inftituted, for very 
 
 * good Reafons, and in legal Circumftances, thoie new Colleges have, 
 
 * by the Laws of God and Man, an Authority to deprive the Church 
 
 * of Rome and the facred College of Cardinals, which reprelents it, 
 
 * that is to fay, the ancient College founded on ancient Right, on the 
 
 * facred General Councils, and on the Deciees of the Holy Fathers, 
 ' of their Right of voting in the facred Council, and of electing a 
 
 {a)r»n3t* « fovereign Pontiff («).' I'he Point in dilpute there, is not the pub- 
 «<ir<f/, T. VI. ]ick Seflions, but the Affemblies of the Nations, from which fome 
 p- 4'. would fain have excluded the Cardinals , when the Debate came 
 
 on about the Election of a Pope. The Cardinal of Cambray was not 
 of this Opinion, becaufe he infilled that the Church of Rome^ or the 
 Cardinals, who, according to him reprelcnt it, ought to concur with 
 the General Council, to the Reformation and Union of the Church, 
 as well as to the Eleftion of a Pope. This is apparent from his 
 tenth Conclufion. ' The Church of Rome^ and the whole General 
 
 * Council, ought to concur unanimoufly to the General Reformation 
 
 * of the Members of the Church, to give Audience to every State 
 
 * in that Reformation , and to pafs a definitive Judgment upon 
 
 * itielf Therefore in this Council no Ear ihotfd be open to the vain 
 
 * Difcourfes of fome who talk popularly {populariter^ to pleafe the 
 
 * Publick). We will call the Cardinals when we pleafe, but not when 
 iVsihldo.it, ' their Reformation is the Work in Hand {b). 'lis plain that the 
 jp, " ' Thing intended there is only a private Artair, and that this is by 
 
 flo means aim'd at the Decrees of the Vth Seffion , nor at the 
 Superiority and Univerlality of ihe Council of Conftancc, any more 
 than at the Sentimen'^s of the Cardinal of Cambray upon that SubjeO:. 
 There were other Points, indeed, in which the Cardinal of Cambray 
 was not of the fame Opinion v\ith others, without any Prejudice to 
 thofe important Articles. For example, he was not of Opinion that 
 the Reformation Ihould be maJe before the Eledion of a Pope^ nor 
 that after the Union o; the Spaniards, the Englif!}, to whom he bore 
 no good Will, fhould torm a feparate Nation. But all this makes no- 
 thing to the main Queftion. 
 
 The Cafe is the fame with refpeft to the Memorial of the Ger- 
 man Nation, upon which Father Defirant lays fo great a Strefs. This 
 honeft Feather was never more miihiken than in this Affair. The F"a£l 
 is as follows : This Memorial, which was prefented M?)' i^, 141 j, 
 in a Congregation of the German Nation, was for having a better 
 
 Order
 
 for Gerson and the QoViX^zA <?/ Constance^ 559 
 
 Order kept than had been till then obferv'd in the Afiemblies of that 
 Nation, and for redrefling certain Abiiles which were crept in among 
 them, for want of mature Deliberation, and more Leiflire in their 
 Debates. This appears from the A'ls of Vienna^ Leipfuk and Go- 
 tha. Eodeni dte quo fupra edit a ^ feu Jiatiita fuerunt quiiedani Capitula per 
 Nationem Germanicam^ fcilicet ut omnia in Concilio definienda^ decernew 
 day erdinanda, i^ alia qu.^CHnque ardua totius Nationis deliberationem 
 exigentia, pojlquam per Deputatos Nationis fufficienter fuerint avifata^ ff? 
 cum aliaru7n Natiomtm Deputatis tra6lando concordata in totius Nationis , . „ j 
 deliberationem proponant ur particulariter, (^ difin^^, ^c. {a}, i. e. On ^^j^.^^ ^ ^ 
 the Day abovemention'd, certain Articles were publifli'd, or made by p. i^.. 
 the Gfrwrj^ Nation, that all Things to be determin'd, decreed, or- 
 dain'd, and ilatiited in the Council, and all other Matters of Diffi- 
 culty, requiring the Deliberation of the whole Nation, after they had 
 been lufficiently confider'd by the Deputies of the Nation, and agreed 
 upon after treating thereof with the Deputies of the other Na- 
 tions, fhou'd be particularly and diftinftly propos'd to the Confi- 
 deration of the whole Nation. Another Precaution was, to take the 
 Opinion of every one quietly, to make a good Choice of fuch as were 
 to have the deliberative Voice, and to exclude the others. The Rea- 
 fbns of the Precautions contained in this Memorial, were faid to be 
 thele. I. A Conformity with the other Nations, and elpecially the 
 French, who obferv'd an Order neglefted by the Germans, ut aliis 
 Nationibus ipfum fervantibus conformemur. i. To flop the Mouths of 
 thofe who had rail'd at the Conduft of the Council, or who might 
 afperfe it hereafter. Cum hodie non defint calumniatores ipfius procejfus 
 Concilii, 13 pluresparzi, ^ magni veriftmiliter exurgent eo quod maxima res 
 Ecclefiie omnium flatuum per fonas tangent es reflant tral^anda non efl vitandus 
 labor quo ipforum poffint excludi cahimnia (b). i. e. Whereas there are (A) vh. frpr,. 
 not wanting thole at this very Day, who calumniate the Proceedings P- ^9^- 
 of the Council, and whereas many, great and fhiall, 'will rife up and 
 clamour that the mod important Aiiairs of the Church, which con- 
 cern Perlbns of all Ranks, remain to be ftill treated ol, no Labour 
 muft be fpar'd to filence their Calumnies. Indeed John XXIIl. 
 af.lually complain'd to tJie Dukes of Berry and Orleans, that they 
 took the Voces of thole who had a deliberative Voice, and fuch as 
 had not, without Ciltinftion (c). :;. In order to avoid fuch Differences {':)r. d.Hardt 
 as might happen among the Nations from too much Precipitation, ^- ^^ ^'■^^^ ^• 
 and for want or Order and Maturity. 4. To the end that the Coun- P' '' " 
 cil, when duly inform'd by the Deputies of the Nations, might more 
 ealily and lately in the SelHons pronounce the Placet. One need only 
 read the Atts {cl) and the Hiftory of the Council of Cunftance to find {d)vh2 fupra 
 cut three Things (e) that are direftly oppohte to Farher Defirxnt's 
 
 Picteniion. x. That the Thing in Dilbutc is not the publick Seffions, \') 7°'- ^^' 
 
 u /- n. Art 77. 
 whofe, '
 
 S5o Dissertation Hi s t. and A p o l o e. 
 
 whole Order Is approv'd of in this Memorial, but the Aflemblies 
 -of the German Nation. 2. That the Order obferv'd by the Aflem- 
 blies of the Nations, is lb far from being difapprov'd in this Memo- 
 rial, that on the contrary, they wou'd fain bring the German Na- 
 tion into it. 3. That they who found fault with the Order and Pro- 
 ceedings of the Council, are therein treated as Slanderers. It mull 
 be own'd that Father Defirant has an admirable Talent to prove a 
 Fa£l by fuch Arguments as every body elle wou'd make ule of to 
 prove the contrary. But by the way, Father •• '''rant has been guilty 
 of more than one Overfight with regard to tine VTemorial. riisfirffc 
 Miftake is, liiying that it was a Letter wrictc? ra the Council by 
 the Grandees of Bohemia and Poland (). It wu^ no fuch Thing. 
 'Tis true, that upon the lame Day in the Xth Seflion, a Letter was 
 read from the Poles and Bohemians to the Council. But in this Let- 
 ter, there was no Talk of the Order to be oLfer/d m the National 
 Congregations. It was to demand the Liberty of 'John HuSj and to 
 defend him againft the Accufations laid before the Council., with re- 
 gard to the Communion in both Kinds. It mull be oblerv'd how- 
 ever, that in the Appendix to the Council of Conftance^ which is at 
 the End of the Xllth Tome of Labbe''s Councils, this Memorial 
 of the German Nation is tack'd to the Letter irom the Bohemians 
 and Poles -^ but this is an Error of Contelor, Author of this ^Appendix, 
 '{a) App. lahb. who was fent to Paris by Cardinal Barberin (a). They are Pieces that 
 p.1485,1486. j^a^ye no manner of Dependence upon one another, as appears from 
 i^y.^^Hardt ^^^ ^£|.g Qf f^ienna^ Leipfic, and Got ha. The fecond Miftake com- 
 joQ_ ' ^' mitted by Father Defirant is, in laying that this Memorial was pre- 
 fented by the Bilhop of Lythom'ijfel \ which is falle. This Biihop 
 was preient indeed at the reading of the Letter from Poland and Ro- 
 hem'ia^ but it was not he who prefented it, he only defir'd Time to 
 anfwer it, without having any thing to do with the Memorial in 
 Quellion. The third Article, in which Father Defirant is miftaken, is, 
 when he lays that this Memorial was read before the Deputies of 
 the four Nations. By the Deputies of the Nations, only two 
 Things can be underftood, either a publick SiTTon, or a general Ai- 
 fembly of the Nations. But here was neither one nor the other. The 
 Memorial was only read in the Aflembiy of the German Nation, Con- 
 uhU^T*^' i.^^l^^^" ^''■^'onis Germanicce (c). If Father Defirant his been led 
 " into a Millake by Father Hsrdouin, tliis Paifage ought to be cor- 
 
 rected, if not in a fecond Edition of" Father Hardouin'^ Councils, at 
 Jeaft in the feparate Volume which is Printed at Paris. 
 
 (i) A nobilibus Bohemis & Polonis thomiflenfem exhibitae, quas viJetis apud 
 
 ■concepts & compofitaE tuerunt literas ad- Harduinum, col. 124. iiu.'(f4. Deflr. ubi 
 
 modum ftrenuae ilia die coram quatuor fupr. ^. loj), 
 ' Nationum Deputatis, per Epifcopum Lu- 
 
 Proceed
 
 for Gerson and the Council of Constance.' 5^1 
 
 We Proceed to another Reproach, which Father Z)^/?-^??^ throws 
 upon the firft Obedience of tlit- Council, and that is, that the Doctors, 
 Pariih Piiefts.. and the other Ciraduates, as well as the Cardinals and 
 Biihops, were admitted to it with a deliberative Voice. Statim enim, 
 fays lie, Ipeaking of Gerfon, pofi primam SeJJionem conatus fiiit novum 
 fujfragandi ordlnem inducer e juxta quern omnibus Parochis, ^ DoSlori- 
 bnSj ac rebquis grnduatis in Concilio, fuffi-igayidi jus cumCardinallbus t^ 
 Epifccpis iequale foret. Upon this Complaint I have the fame An- 
 fwerto make as to the former, w'.cs. That if there be a Nullity in that, 
 the whole Council was null, bewule the i\;ethod was not altered, and 
 there was no Retrartation in this Relped any more than in the others. 
 'Tis true, that the Cardinal of Camhray has put this Article among 
 the Qiieftions propoled not on his Part, but on the Part of the Gain- 
 layecs, viz. Who were they that had a Right to a deliberative V^oice 
 in the Aliemblies of the Nation, and not of the Council it lelf. 
 But what wou'd llich an Argument amount to? The Carlinal of 
 Cambray has put this Article among his Doubts •, has the Council of 
 Conflume thereiore retraced? Since then that according to Father 
 Z)f/?r£j»? 'tis a Nullity to admit the Laity in Synodical Deliberations j 
 and fince the Council of Conjfance always pra:i:is'd it, and even in 
 the Conclave whei e Martin V. was elected, without ever rerratting 
 it, we lee the Council of Cvyiflance once more annihilated from iiift 
 to lad. When a Man is a Neighbour and a Friend to the Fatkad^ he 
 eafily learns to reduce every Thing that oppofes its Oracles to Aines. 
 
 Nevertheless, becaufe Father Dejirma is io offended at this 
 Novelty which he call'd ridiculous (0 ludibrium novit itis") and iince 
 he rakes it lo ill of Gerfon for having introduc'd it \ we think id 
 proprr to explain the Matter to him by continuing the Apology for 
 the Council ' Conflance. \. Gerfon is not the only Man who has 
 faid, that the fame Method tons not afzvtys ptirfited in the Election of Ec- 
 cleftaflicks of high and loiu Degree^ and particularly in the Election of 
 the Pope, which 'was the Matter in l^ebate at the Council. That fome- 
 times they 'were chofe by the Clergy and Laity ^ at other times by the 
 Clergy alone, and at other times by the Canons of the Cathedral. In 
 the lixth Century, Theodorick, King or tlie Gcths, having alium'd the 
 Prerogative of chufing the Pipe, propiled Felix IV. to the Clergy, 
 Senate, and common People of Rome, in 2 , tho' thole three Bodies 
 of Flellors had another Perfbn in View. Father Pagi (a) lays, that ('»)^'',?'3''w; 
 this was only upon Condition that for the t-me to come according to ^""'•''""^ T. 
 ancient Cuftom, the Election of a Pope ilv;ii'd appertain to the ' ^' ^^^' 
 Clergy, on pitying down a Sum of Money to ce raifed by the Pope 
 and all the Biihops of Italy, for obtaining the King's Confirmation. 
 But this is not the Matter in Qiicfiion here. It appears neverchelels by 
 
 V o L. 11. B b b b the
 
 5^2 Di s s E R T A T I o N H I s T. and A P O L O G. 
 
 the Journal of the Roman Pontiffs ( - ), that ia the Vllth Century 
 the Popes were again elefted by the Clergy, the Senate, and Laity 
 {totus Clerus, Opiimates ^ Mititei). This is prov'd by the Decree tor 
 the Eledion of Boniface V. the SiiccelTor ot" Deus dedit. That De- 
 cree runs thus, Divina nobis in oratione manentibus^ ut Cceleflis Dlgnatio 
 demonfiraret quem dignnm ad fiicceffionem Apojlolicce vicis eligendum 
 jubeatj ejus gratia fuffragante in umtm convenientibus nobis ^ ut maris efl^ 
 id ejiy ctinSis Sacerdotibus ac Proceribus Ecckftie, (y Unizrr/o Clero atque 
 OptimatibuSy {3umverfa militaris pnefentia feu civibus honefiis, £5? cunEIa, 
 generalitate populi iflius a Deo fervato Romance Urbis, ft did efi a parvo 
 afquead magnum^ inpcrfonam N. San&ifp.mi hujus Sanely Apoflolicie Sedis^ 
 Romana Ecclefta Presbyteri Deo cooperante 13 beatorum Apofiolorum anni- 
 fu concurrit atque confenftt cleU'io, i. e. While we continued in Prayer 
 to God, that Heaven wou'd vouchfafe to point out the Perfon wor- 
 thy of our Choice, to fucceed in the Apoftolical See, and being met 
 hy the Grace of God, as the manner is, all in one Place, that is, all 
 the Priefts and Prelates of the Church., and all the Clergy, Nobility, 
 all the Military Power, the honeft Citizens, and the whole Gene- 
 rality of the People of Rome, as we may fay, from the higheft to 
 the loweft, by the Cooperation of God, and the Approbation of the 
 bleffed Apoftles, concur and confent in the Eleftion of N. a 
 snoft holy Presbyter of the Church of Reme^ to the Holy Apoftolical 
 See. Behold here was an EleiHon as much Laic, as it was Eccle- 
 iiaftical ( 2). The fame thing appears in the Vlllth Century, by the 
 E,etter from the Romms to Jrtemius, Emperor of the Raft, in which 
 the Subfcription of the Priefts to the Election of Grigory IL runs 
 thus, Subfcriptio Sacerdotum. Ego N. mifericordia Dei Presbyter SanEla 
 Eccleft^ Romance^ huic Decreto a nobis fa6lo in N. venerandum Archidi-' 
 aconum SanEia Sedis JpofloUcce^ ij EleEitim nofirum confentiens fub- 
 fcripft. i. e. The Subfcription of the Prielts. I N. by the Mer- 
 cy of God a Prieft of the Holy Roman Church, have fubfcrib'd my 
 Confent to this Decree, by us made for the Eleftion of N. a Re- 
 verend Archdeacon of the Holy Apoftolical See. It appears alfb, 
 by the Sublcription of the Laity {La'icorum Subfcriptio) as well as in 
 the Letters to the Exarch and the Archbilhop, to the Judges l^c. 
 of Ravema upon the lame Head, If therefore in thole old Times 
 tlie Laity had as great a Share as the Clergy in the Eledion of the 
 Popes, why does Father Dcfirant think it fo ftrange that the Laity 
 ihou'd be admitted in the Deliberations of a Council, in which the 
 chief Thing in Dilpute was, to fupprels the Schilin, in order for 
 
 (^\) Liltf Diurnus Kcmanerum poyii;^- (2) This is a Conjeiimeof Father Sdf- 
 #«CT, prinfed firft at length hy Father ^'"'^, tfii frpr. p. 14, 
 <6artu<yf a ^,'f«if, at Paris ^ in i6So. 
 
 s the
 
 for Gerson and the Council <?/^ Constance, 552 
 
 the Eleftion of a Pope ? why does he exclaim fb loudly agalnfl; the 
 Novelty of a Method which in the main is very ancienc? 
 
 Father Defiranfs Opinion upon this Head, was not the Opi- 
 nion of the Council of Bafil^ in which the lame Queftion was deba- 
 ted, ^7■^. Whether the inferior Clergy, as Priefts and Deacons, ought to 
 be admitted to the Council. As the PiTrtifans of Eugene IV. were 
 for the Negative, the Affirmative was vigoroufly eipous'd by Leims 
 Allcmand^ Cardinal of yfrA'j, one of the Pillars of the Council o^ Bafil. 
 He traced the Matter higher up than I have now done, becaule he goes 
 io far back as the Council ot JerufaUm^ held by the Apoftles, in 
 which there were alio the Elders {a . He might have added that Aiftm- (/?) A£lsXV, 
 bly of Six-fcore Perfbns, in which Matthias was by General Confent 6. 
 call'dtothe Apoftlefhip (^j. He proceeded from thence to the Council (*) Afts J- 
 o'l Nice, in which Jtbamji us, tho no more than a Prieft, difputed with iJi -^* 
 fuch Succels againft the Arians. He lays, that there were alio many 
 other Priefts there, and that the Realbn of their not being nam'd is, 
 becaule the Number of them was too great. In Concilia Nicafw, quod 
 efl omnium famofijjimum, Athanajius tunc tantiimmodo Presbyter, ipfcque 
 fere folus, argumentationes dijlurbavit Arianas, fuerunt fj? alii Preslyteri 
 y cum fcribilur de trecentis i^ I'igiv.ti duo Epifcopis, non tamen negatur 
 de inferior ibus, quos idea puto omijfos quod ejfent pene innumerabileSy 
 fitque denominatio plerumque a magis dignis, i. e. In the Niccne Council 
 which is the mod famous of all, Athanafiu;^ who was then but a 
 Prieft, in a manner unfupported, confuted the Avian Arguments j 
 there were alfo other Priefts, and whereas they talk of three hundred 
 and twenty two Bilhops, this is not deny'd of the inferior Clergy, 
 who, I fuppole, were omitted, becaule they were in a manner innu- 
 merable, and the Denomination is generally made from the moil wor- 
 thy (c). He allerts alio, that when it was laid that there were fix (0 ^« SyJv. 
 hundred Priefts {Saccr doles') this Name is common to the Priefts and of thcCoun- 
 Biihops, and that in the other Councils, the Members are call'd Fa- '^'^ °^ ^"i*''- 
 thers, which, as he pretends, fignities Elders, as in the Book of the Acls. ^' "^' ^' 
 He inftances in Icveral Councils, held both at Rome and ellewhere, 
 in which were Piiefts and Deacons as well as Billiops ^ but elpecialiy 
 a Council of 'Toledo^ which, he lays, was the fifth that ever call'd itfelf 
 a General Council, in which the Places of the Priefts and Deacons 
 are iec down. Laftly, after ha\ing from the Authority of St. Pauly 
 and of St. Auftin, and St. Jerom, eftablilh'd tlic Authority which the 
 Fathers had of a decifive Voice in the Councils, he concludes with 
 thele remarkable Words. ' The Council of Coujla.'ice is ftill freih in 
 
 * Memory, at which many of us were preient \ and tho' I was nei- 
 ' thcr a Bilhop, nor a Cardinal, but plain Dodor, I was there, and 
 « law that the Priefts were admitted without any Scruple, to decide 
 
 * with the Bilhops on Matters of Difficulty. Let us not be alham'd 
 
 B b b b 2 ' te
 
 5^4 Dissertation Hist] and A p o l o g.' 
 
 ' to imitate that moft great, and moft holy Synod, which followed it, 
 
 * the Council of Pifa, and the numerous Council of the Laterariy 
 ' at which the Priefls iat in Judgment with the Bifhops. Befides, 
 
 * if Abbats, as has been the Cuflom in all Councils, have a decilive 
 
 * Voice, tho' they were not inftituted by Jefus Chrift, why fhou'd 
 
 * Prielts, whole Order Jefus Chrift eftablilh'd by his Dilciples, be ex- 
 
 * eluded from it ? Befides, if only the Bifhops have a Voice, nothing 
 
 * will ever be done but what pleafes the Italian Nation, Vv'hich alone 
 
 * furpalfes, or at leaft equals all the other Nations put together, in 
 
 * the Number of Bifhops. 
 
 After what has been faid, let Father Bcfirant call a Praftice as 
 old as the Apoftles, by the Name of a Novelty ;, he will fay, with- 
 out Doubt, as was faid at that Time by Nicholas 'Tudefch^ Archbifliop 
 of Palermo, known by the Name of Panormitanus, Ambaifador from 
 u^lphonfus. King of jirragon to the Council of Bafil, tliat in this 
 the Apoilles were rather to be admir'd than imitated. But what 
 will he lay of the other Councils, inflanc'd by the Cardinal of Jrles^ 
 wherein this Method was followed. I forciee indeed, that he will fay 
 that the Cardinal of Aries renewed Gerfons Sedition at the Council 
 of Bafil, and that therefore he was degraded by Eugene IV. But I 
 liave three Remarks to make upon this Head : j. That ^ath-QX Defirant 
 has been fb repuls'd as to Gerfon's pretended Sedition, that this Ob- 
 je£lion muft fall to the Ground. :;.That the degrading of a Cardi- 
 nal by a Pope that is depofed, ftich as was Eugene IV, cannot hurt 
 the Reputation of llich Cardinal. 5. That the Cardinal d'Jrles was 
 re-eftablifh'd by Nicholas V. to whom he adher'd, after having pre- 
 vail'd on Felix V. to abdicate for the lake of Peace, and that he was 
 
 U)Egi>f.parp. canonized by Clement VII, («) which is enough to put him above all 
 
 DoB. L. liL Sufpicion of Heterodoxy. 
 
 ?* '5"' Thus are we come to the Conclufion of the Council o?Confiance, with- 
 
 out having met with one Retractation. On the contrary, the Obe- 
 diences, when united, ratify 'd the Decrees of thelirft, and every Thing 
 was tranfaflied till the laft on the Foot of the Superiority of the 
 Council, becauie BenediH XIII. was therein depofed, as John XXIII. 
 had been before him. Befides, in the XLVth and laft Seffion, Mar- 
 tin V. confirm'd and ratify'd every Thing that had been relblv'd in 
 Matters of Faith, conciliariier, fynodical'y, that is to fay, in full Sef- 
 fton, exclufive of what had only been refolv'd upon nationally, that is to 
 fay, in the Affemblies of the Nations, as was particularly the Condem- 
 nation of Falkenber^s Book. I have prov'd from undeniable Argu- 
 ments and Authorities, that by conciliariier, fynodically, cannot be un- 
 dcrftood, as Father Dc/trant wou'd have it, after the tnanner of other 
 Goimcils, wherein they voted by Per fans, and not by Nations. For if 
 Martin V. had only ratify'd what had been relbly'don inthepublick 
 
 Seflions
 
 y^r Gerson and the Council c/ Constance. 565 
 
 SefTions, by the Majorky of Votes, he wou'd have ratified nothing 
 at all, either in Matters of Diicipline, or thole o' Faith, and the Coun- 
 cil wou'd have been annihilated from the Beginning to the End, 
 becaufe in the Seflions they never voted by Perions. Fa:her Defirant 
 is got into a Labyrinth^ vphich I defy all t iC Ariadna in the World 
 to bring him out of. As to Matters of Faith, to whicn M.ir- 
 tin V. contin'd himielf, I have as plainly prov'd, that the Supe- 
 riority of the Pope being an Article of Faith among the Uitramun- 
 tafies, the Superiority ot the Council over the Pope was as much an 
 Article with the Council of Confiance I have fhcvvn the Sillinefs of 
 Father Defiranfs Diltindlion between a Synodical Conftaution, and an 
 Article of Faith ^ on the one hand, becaufe a Synodical Conltitution 
 may as well turn upon Articles of F'aith, as upon Matters of Dit 
 cipline ^ on the other Jiand, becaufe the Superiority of (iencral Coun- 
 cils, and of that of Conjlancc in particular, was rep- lented to the 
 HiiJJltes as an Article of Faith. I have prov'd that even tho' Mar- 
 tin V s Bull, whereby he prohibited Appeals from the Pope's Sentence 
 to a General Council, ftiU exifted, which does not appear, it cou'd not 
 invalidate the Decrees of the Vth Seffion of the Council of Confiance, 
 becaule this is only a particular Ail pafs'd in the Confiftory of a 
 Pope who had acknowleg'd the Superiority of Councils, both before 
 and after his Eleubion. We muft nov»r put F'ather Defirant's Argu- 
 ment into due F'orm. 
 
 The Council of Cow/a^f^confifted at firft only of John XXIII's 
 Obedience. 
 
 This Council confentcd, that when the other Obediences were 
 joyn'd they fhou'd call the Council again. 
 
 M J Rt 1 N V. declar'd, that he vvoifd only ratify v;hat had 
 been refolv'd on in Full Seflion. 
 
 He gave an Anecdote Bull in his Confiftory, wherein he pro- 
 hibited Appeals from the Judgment of the Pope to a General 
 Council. 
 
 E RGO, tlie Council of Confiance retraced. 
 
 If it were as hot in the North, as it is at Rome, Father De-- 
 ftrant wou'd hear a great many Exclamations of — O — O ~ O. Bui' 
 'tis not 16. I will only fay two Things for a ConcluHon.. The 
 firft is, that were I to advif; the Pope, it fhou'd be to anatnematilc 
 every Perlbn who fhou'd orfer to maintain the Pretenfions of the See 
 of Rome, by Realbn. No Reafon^ F'ather : The fecond is, that if it 
 was my Bufinels, I wou'd give the Appellants againlt the Confti- 
 tution Unigenitus a Piece of Advice, the very Reverie to the Ad- 
 vice of F'ather Defirani. It Ihou'd be to perfift in their Appeal, 
 after the Example of Philip the Fairj John Cierfon, and the Council 
 
 I of.
 
 ^66 DiS S ERT A TI ON Hi S T. ^«<:^ ApO L OG. 
 
 of Conjlance, which never retraced any more than the Council of 
 JBaftl, as we fhall fee in due Time. 
 
 Nothing remains for me now, but to make fbme Obfervations 
 
 upon the new I'keological Treatife of Dom. Matthew Petitdi- 
 
 DIER a Benedietin, concerning the Authority and Infallibility of Popes, 
 
 which was printed in 172 , at Luxembourg. This Author owns 
 
 bond fide J that being carry' d aijuay by ti^e Authurily of an iUujlrious Clergy ^ 
 
 and a famous Univerfity^ and being moreover convinced by fome Pajfages^ 
 
 (a) Adver- looted out of and em Authors^ nxjhichbe had not yet fufficicntly canvafs^d (^^), 
 
 tifement, p. 2 he once was one of tbofe lubo did not own the Pope""! Infallibility. In 
 
 this Treatife therefore he retrads, and above all Things delires the 
 
 Monks of his Order to follow his Txample. I will only ini^ft upon 
 
 what relates to the Council of Conflance. 'Tis in the XVth Chapter 
 
 of his Book, §. ■ . that he anfwers the Objeftion drawn from the 
 
 {(5) P. 4C0. Council diConftance. ' Thi ffays ^^, is the Grand (.'bjedion (^), and, as 
 
 * one may fay, the Achilles o\ the French Divines who attack the In- 
 
 * tiillibilicy ot the Popes. The Council o'lConftance^fay they^ has clear- 
 
 * ly decided that General Councils are above Popes ^ that they re- 
 
 * prefent the wJiole Chuich ; and that the fovereign PontilTs, as well as 
 \ *■ others, are obi g'd to lubmit to their i;ecifions, in every 1 hing 
 
 '■ that relates to the Faith. Therefore, as the Cardinal of Lorrain 
 ' formerly laid, 'tis a Herely to maintain that Popes are infallible, or 
 
 * that they are luperior to General Councils. 1 hat Cardinal had borrow- 
 
 * ed this Sentiment from Gerfon, who triumphs upon it, and fays that 
 
 * the Decilion of this Council made the Faculty of Paris alter their 
 
 * Opinion upon this Head, and authorised the Divines in maintain- 
 " ing that Popes are fallible and fubmidive to Councils. Let us hear 
 
 is\ P Aoo * ^'■^ Anjwers ('f). I might return for Anfwer, fays he, that this iJeci- 
 ' * fion of the Council is not a Decifion of a General Council ^ but on- 
 ' ly of thole Biihops, Prelates, and Divines v/ho lubmitted to Pope 
 
 * jo/:'« XXIII, and 1 cou'dcall two contemporary WitnelTes to vouch 
 
 * for my Anfwer, viz. Pope Eugene W. and the Cardinal de 'Turre- 
 
 * cremata who was at Conflance wJiile the Council fat. This Au- 
 
 * thor affirms thisCircumftance, as having feen it with his own Kyes, 
 
 * and adds that John XXIII. hearing of it, when he was retir'd to 
 
 * Schaffhauftn, complain'd of it as an Incroachment upon the Autho- 
 
 * rity of tiie Popes, and as an erroneous Do'lrine advanc'd in his Ab- 
 
 * fence, and without his Participation. The BenediUin is in the 
 jight not to abide by this Anftver, which, as I have fully fhewn Fea- 
 ther Defirant, is meer Chicanery. 
 
 Besides, the Authority of" the Cardinal .^^ Lorrain, who, as our 
 Author reports, /aid that it was Herefy to maintain that Popes are in- 
 fallible, or that they me fuperiorto General Councils -^ this Authority, I 
 iay, is equal to the Authority of the Cardinal de Turrecremata, whole 
 
 Fonda efs 
 
 401.
 
 for GEKSQ-ii a»d the Council (?/^ Constance. 5^7 
 
 Fondnefs for the See of Rome made him fall into a great Miftake 
 
 upon this Article, as may be feen in this Hiftory {a). Therefore let (/»") Vol. T. 
 
 us hear the Cardinal of Lorrain. ' I cannot deny, fays he, that I am Book II. 
 
 * a Frenchman^ and was educated at thcUniverlity of Parh^va. which 
 
 * the Authority of a Council is held to be above that of the 
 
 * Pope, and thole in France who maintain the contrary are deem'd 
 
 * as riercticks ; that the Council of Conftance is held to be a Gene- 
 ' ral Council in all its Parts ; that they follow the Council of Bafil^ 
 
 * and reckon that of Florence to be neither Legal nor General ; and 
 
 * for this, the French will dye rather than gainfay it ' Qi). Finally (i) Amm^. 
 John XXIII. and F.ugene IV. Ihall not be taken for Judges in their «^' /"/"■• p- 7. 
 own Caule. Befides that John XXIII, by acquielcing in his Depo- 
 
 fal, own'dthe Decrees of the Vth Seflionof the Council of Conftance^ 
 and Eugene IV. own'd them in like manner, till he transferr'd the Coun- 
 cil of Bafil to Florence. 
 
 Therefore let us fee the 5^«?,'/if7/;2's other Arguments. ' I main- 
 
 * tain, fays he (c"', that the Decifion of the Council of Conftance is (c) p. 401, 
 
 * not a general IJ ecifion for all Oecumenical Councils ^ but only a 
 
 * particular Decilion for this Council, by reafon of the Schifm which 
 
 * afflifted the Church, and of the Uncertainty they were in about a 
 
 * true Pope. Is it poflible for a Man to have the Patience to be per- 
 petually combating an Argument, the Falfhood of which has been 
 prov'd a thoufand times ? At leaf!:. Father Petitdidier ought to give 
 Bellarmine the Honour of it, from whom he has taken it almofb word 
 for word. That Cardinal's Words are thefe : Non dcfinit abfohite Con- 
 cilia Generalia a Chrifto habere poteftatem fupra Pontifices^ fed tantum 
 in cafu^ id eft, tempore Schifmatis quando nefcitur quis fit vents Papa. i. e. 
 He doth not abfolutely determine that General Councils have a Poxver 0- 
 ver the Popes from Chrift j but only upon Occafton, that is., in a 'time of 
 Schifnij when "'tis not known which is the true Pope Ql). Bellarmine, Father 
 Petitdidier, and all the others muft fiirely have taken a terrible Draught j^^k |/"r ^^' 
 of the River Lethe, when they dreamt of Inch an Anfwer, In- xix. p. 4?' 
 dignor, quandoque bonus dor mil at Homer us. They fay that the Decrees 43. 
 
 of the Vth Seffion of the Council o^Conllance which eftablifhes the Su- 
 periority of General Councils, only relates to tne Council of Conftance^ 
 becaufe it was call'd in a Time of Schifm. But have they not read 
 the Decree? The fecond Decree of that Seflion imports as follows (e). («) Hift. of 
 1'he fir ft Article fays, * That the CouncilofCoK/Z^wf, lawfully allembled ''^'^ Council 
 
 * in the Name of the Holy Ghoft, and conftituting a General Council y ^"^''"'^^ 
 *■ which reprefents the Catholick ChurcJi militant^ lias received a Pow- Art \6 * 
 
 * er immediately from Jefus Clirift, to which every Perfbn, of what Rank 
 
 * and Dignity foever he be, tho' Papal, is obbgd to yield Obedience in 
 
 * Things which relate to tJie Faith, to the Extirpation of the prefenc 
 J Schifm, ana to the general Reformation of the Church of God in 
 
 its
 
 5^S Dissertation Hist, and Ap o l o g. 
 
 * its Head and Members. 'Hie fecond Article fays ^ that whoever, of 
 
 * what Rank and Dignity foever he be, tho' Papal, iliall obftinately 
 
 * relnfe to obey the Decrees which tnis Council, and E\ erv o- 
 
 * THER General Council lawfully assembled, has here- 
 
 * tofore made, or ihall make hereaiter, concerning the Matters above- 
 
 * mention d, and which concern rhem, if he does not repent, fliall be 
 
 * liable to iiilfer a Penance in Proportion, and to be punifh'd as he 
 
 * deferves, by having Recourie, if it be neceliary, to other Methods 
 
 * of Law '. But perhaps I tranfl^te it wrong. Let us lee what the 
 Latin lays, Dsclarat (^Janna Synodus) quod ipfa in Sphitu SanEio legi- 
 time ccrigregnta^ generate Conci.:ur/i faaem, ij Ecclefiam Caiholicammili- 
 fantem reprtefentans^ poteftcitcm a Cbrifto ii/imediate habet^ cut quilibet^ 
 cujufcunque flatus vel dignitutis^ etiafnf p( palis exiflat, obedire tenetur 
 in his qua pertinent ad Tidini £y Extirpationem diSli Schifmatis, ac gene- 
 ralem Refortnationem Rcclefta Dei in Capite (^ in Msmbris. Item de- 
 claratj quod quicunque, cujufcunque condiiionis, flatus^ -vel dignitatis, e- 
 tiamfi Papalii exi'ialj qui mandatis^ flat utis^ feu ordinationibus (^ pra- 
 ceptis hujus fanElce Synodi, ET CUJUSCUNQUE ALTERIUS CONCILII 
 Generalis LEGITIME CO^GRhGhTl, fuper pramifjis feu ad ea per- 
 tinentibus faclis i-el faciendis obedire coniumaciter contemferit, mfireftpu- 
 erit, coiidignte po^'iitentite fubjiciatur, £5? debite puniatur, etiam ad alia Ju- 
 ris fubftdia^fi opus fuerit, recurrendo. All the Mannlcripts, without ex- 
 cep'ing thole ol hance and Germany j the Councils printed at Rome, 
 by Order oc Paul IV. thofe of Italy, and even thole of the Vatican 
 quoted by Schelflrate, have this Claule. jind every other General Coun- 
 cil I'tivfuily afl'ewhled. 
 
 We will fee whether the 5f«c^/i5';V;'s other Realbns are of better Allay. 
 He lays, t. ' 1 hat General Councils can make no Decifionin Mat- 
 
 * ters of Faith, but by loUowing the Tradition of the Church Qivith- 
 
 * outjaying i.ne lipoid of the Holy Scriptures-, but this only by the way, 
 
 * it not being to the X^atter in hand.) 2. That it doth not appear 
 
 * that the Council o'iConflance maue anylnqury into Tradition, before 
 
 * they made a Lecifion as to the Superioruy of Councils. 3. That 
 
 * if they had made the le;.ft Inipeclion into Traaition, they wou'd 
 
 * have found all -he Canon Lawyers, an 1 all the Divines before the 
 
 * Time of Schilm, for the Superiority ot the Pope over Councils, and 
 for his Infaiiib'iiiy ; and that if they had cac'd it back to the School 
 
 * Divines, they wou d have found cne Fathers and Councils of the 
 lame Sentiment '. Here are two AlTeitions equally intolerable. The 
 
 one, that thole Qiieftions were not e^am n'd in the Council. Bel- 
 Jarmiue was the Man that faid this, and Emanue' Sc'oelflrate Under- 
 librarian of the Vatican, faid it after him. Therefore no other An- 
 fwer is to be made to it here than what Maimbourg laid to Scbel- 
 ftraie upon this Article, * That lo palpable a Lye was never told 
 
 * with 
 
 c 
 
 c
 
 for Gerson and the Council of Constance. 5^9 
 
 * with lb much Airurance*, becaii(e there never was a Queftlon more 
 
 * thoroughly examin'd, or debated in the Council with more Heat than 
 
 * this, as appears even from Schelftrate'% MS. For there we find, that 
 
 * before the IV^thSetrion, the Cardinals, after great Debates and Oppo- 
 
 * lition among thcmlelves, did all agree, by a Hidden In(piration of 
 ' the Holy Spirit, in one and the lame Opinion, ' upon this Article 
 
 * of the Superiority of the Council over the Pope, that he ought to , 
 ' obey the Council in what appertains to the l^aith, and to the Ex- 
 
 * tirpation of the Schifm j and he adds, that before the Vth Seflion, 
 
 * which was not held till a Week after, and in which, according to 
 
 * Scbel^lrate himfelf, it was decided that the Pope ought to obey 
 
 * the Council in what relates to the Reformation of the Church in 
 
 * the Head and Members j there were great Difputes alfo, between ( -. j. • z 
 
 * the Cardinals and the Deputies of the Nations {a). ^j- ^^^'^^ ' 
 However, I wou'd not be bound to prove that thole Queftlons 2^7 jis. 
 
 were well examin'd > on the one hand, becaule Difputes as hot as 
 thole were which preceded the IVth Seflion, can hardly pals for an 
 txamination ; on the other hand, becaufe 'tis very uncertain what 
 was the Subjeft of thofe Diiputes between the Cardinals and the 
 Deputies of the Nations, as 1 have ihewn in this Hiftory, immedi- 
 ately before the IVth Seflion. M. Scbelftrate pretends that the 
 Subject of thofe Difputes was the Decrees of the Superiority of the 
 Council, and of the Reformation of the Church in the Head and 
 Members-, which the Cardinals were not for admitting. A/. Maini' 
 buiirg thought the Articles in themlelvcs were not lb much the Sub- 
 ject of thole Diiputes as what was the belt Expedient for iatis- 
 lying both Parties (b). But Dr. Diipin has thought ol another ^^^^ ^l' {"'*''• 
 Realbn for this Diiagreement, which is altogether as probable.''"*''" " 
 
 * Even tho', fays he, Scheljlrate's Aits Ihou'd be admitted as authen- 
 
 * tick, they wou'd be of no Significancy to decide the Queflion, be- 
 « caule they do not prove that the Debate or Controverly turns upon 
 
 * the two Decrees in Difpute betwixt us. And even the AmbalHi- 
 « dors of France are reckon 'd among thole who were againft the Ce- 
 
 < lebration of the Seflion. Now 'tis abfurd to think tJiat they op- 
 ' pos'd the Decrees in Queltion. All that can be inferr'd from tho:e 
 
 < Acts is, that after the Pope was withdrawn, there were fome of 
 
 < the Fathers at Conjlance who doubted whether it was expedient 
 
 < to begin the Seflion in his Abfence, efpecially becaule he promis'd 
 
 < to return. For the Fragments of thole A£ts produc'dby Schelftrate, 
 
 * begin thus. Every 'thing that was ujfeid in favour of the Pope^ 
 ' w^s deemed prevaricating and fallacious, by the King of the RomanSy 
 
 * and by others who were there ^ and notwithftanding this, one and all 
 '■ cryed out for the SeJJion, the Scffion : Whereupon'there were very great 
 
 * Difputes that Day, and on the Friday following, between the Ca>'^/'«- 
 " V o L. II. C c c c vols
 
 570 DissERTATioi^ His T. and A p o l o g. 
 
 ' nah^ and the Nations.^ Be this as it will, we will leave the Difputes 
 which preceded the iVth Seffion, to the Speculation of Hiftorians, 
 and feek for other Realbnsto demonftrate that the Matters in Qiieftion 
 were duly examin'd in the Council. 
 
 1. Therefore the Trafts of Peter d'Jilli, Ger/ou, Cardinal 
 ZabareUa^ and other famous Doctors, which were publickly read in 
 the Council, are a good Proof not only that the Matter was through- 
 ly examin'd ^ but that it cou'd not be examin'd by better Heads. Of 
 which a Man may eafily be convinc'd by the reading of Ger/on's 
 Works, in which thole Qiiei^ions are amply dilcufs'd pro and con. 
 
 2. The Affair was not only examin'd in the Council itlelf, but 
 the Doftors came prepar'd to it, as they had been advis'd by the 
 
 (a) CapH a- Cardinal de Zabarella (ji). This may be feen by feveral Prepara- 
 ger.d. in Con- jory Trafts, and particularly by that which Gerfon publifh'd con- 
 annir/cap '^^'■"•"g the Unity of the Church, 'before the Council of Conjlance {b). 
 jjf^jp.vonder v -^s the Council ot' ConJIancevfAsa. Sequel to the Council of P(/C?, 
 jn.zriit, T. I. the Council had no need to examine the Matter, becaufe it had been 
 P.IX. p, 506. examin'd in the fiift, and had been examin'd likevvile both in France, Italy 
 .}■ A^' '^"^' ^'^'^ Gerynany, as may be feen in the Hiftory of the Counc'l of Pifa. 
 tid. rondfr 4- Ii^ was long before the Council of Pifi that thele Matters were 
 nardt^uhifu- debated in the National Councils of France, in which they were for 
 fra PanV.p. the Method of Refignation, and for the calling of a General Council, 
 **• the Necefllty of which is an indiredt Proof of the Superiority of Ge- 
 
 (O Pv "16 "Ef^l Councils, let Father Petitdidier lay what he will (c). 
 Stc . ' Tho' the Affair had been duly examin'd for near twenty Years, 
 
 and was thoroughly prepar'd and matur'd at the Time of the Council 
 of Conftance ; this Council neverthelels lubmitted it to Examination, by 
 eftabliihing the famous Reforfning College, fo often mention'd in the Hifto- 
 ry of this Council This College was toprefent its Regulations to the 
 Council, to the end that they might be agreed to conciliariter, that is to 
 Jay, fynodically, in a pnblick Sefllon. Bellarmine has given a pleaiant 
 (i) Tie Cen- Explanation of this Word, to make believe that the Matters in 
 sii. A-Aiiorit. Qiieftion had not been examin'd in the Council. He Jays thac the 
 Lib. II. Cap. Xerm Conciliariter flgnifies, after the manner of other Councils (fiojuilio- 
 Wv" ^'t^^' ^^^ more.') After having carefully examin'd the Matter (J) I have already 
 E. ■ "■ ' ■ demolilh'd this trifling Glofs (e') af:er the manner of Dr. Ruber, to whom 
 («) Vol. II, we muft join MefficHrs Maimhourg [f) and Jrnaud (g), who under- 
 JBjiokVI. Alt. ftood this Word as I do, and as the Cafe in queftion abiblutely 
 75 of this j-gquires it Ihou'd be. 'Tis evident therefore, that no Queftion 
 (/) uAi'/«4r was agreed to and concluded in full Council, Conciliariter; till 
 pr227 it had been well examin'd by the '^mons, Nat iona liter ; and that the 
 
 (g) Of the Qi^ieftion of the Superiority of the Couiicil, and the Popes Obligation 
 Authority of|.Q fubmit to it, was canvafs'd more than any other. 
 
 •Councils and ' '
 
 for Gerson and the XiQMXicA ^/Consta.nck.' 57? 
 
 The other unwarrantable AfTertion advanc'd by Father Petit dldier 
 is, that all the Canon Lawyers, and all the Divines before the Time of 
 the Schifm, were for the Superiority of the Pope over Councils, and for 
 his Infallibility ; and that if ive go as far back as the Age of the School 
 Divines, we find the Fathers and Councils of the fame Opinion. As 
 I have nothing to add to what I have now faid in anfwer to Father De- 
 firant, who had the lame Pretenfion, or if you pleafe, the lame Pre- 
 judice, I proceed with my other AnCvvers to the BenediElin. 
 
 IP, (a) fays he, the Definition of the Council had been general for all (,a) P. 404, 
 Oecumenical Councils, 'tis very certain that Martin y. wou'd not have 
 confirmed this Article, or he wotid not have ijjued a Bull in the Coun- 
 cil itfelf, to forbid the appealing from the Pope to a General Council. I 
 am very glad to hear our Author acknowledge that Martin V. con- 
 firm'd the Superiority oi tYiQ CouncW oi Conflance. He faves me the 
 Trouble of confuting him on that Head, as Mefficurs Maimbourg and 
 Arnaud have been oblig'd to confute Schelflrate, who pretended that 
 M(?r;/« V. had invalidated the Decrees of the V'th SefTion. As to 
 what the Benedi&in lays, that 'tis certain that Martin F'.woud not have 
 confirmed this Article if it had been general for all Oecumenical Councils :, 
 I think on the contrary, that there's nothing more certain than that 
 the Article was general. Martin V, knew before-hand that the De- 
 cree which fubjetts the Pope to a General Council, related to every 
 sther Oecumenical Council lawfully affembled, as the Decree exprefsly 
 imports: So that in confirming the Decree he could not confirm it 
 but upon that Foot. Befides, in what manner loever it was done, 
 Martin V. was too much interefted in this Decree not to confirm it i 
 becaule if he had made it void, it wou'd have been an indirefl: Confef- 
 fion, that the depofing of John XXIII was null and void, and by 
 conlequence his own Eleftion. 
 
 Bu T, f lys the Benedi6lin, Martin V. having forbid, as he did by a 
 Bull, the apealing from the Pope's Judgment to a General Council, 
 has, indireilly at leaft, by that Means contefted the Superiority of 
 General Councils over the Popes. There is more than one Anfwer 
 to be rcturn'd to this Objection. The firft I Ihall give is from M. Maim- 
 bourgh. ' So, fays he, when one of the Ambaffadors of the King of 
 ' Poland, had a mind to appeal to a future Council, the Pope en- 
 
 < joyn'd him to Silence on Pain of Excommunication ; and he did ve- 
 » ry well, becaufe that Appeal wou'd have been manifeftly ralh, inju- 
 ' rious, and unwarran::able ^ nothing being more evident than that 
 
 * the bare Relblution of the Cardinals and Nations, without the 
 
 < Authority of the Council, cou'd not be obligatory on the Pope. 
 
 < And it was for this Reafon, that Martin being juftly incenfed ac 
 
 < lb unworthy a Proceeding, made a Bull not long after, which he 
 
 * caus'd to be read, not in the Council, but in a publick Confiftory, 
 
 C c c c 2 < by
 
 572 Dissertation Hist, and Apolo g. 
 
 * by which he declur'd that 'tis not lawful for any Perfbn to ap- 
 
 * peal from the Holy See, or from the Pope, nor to except againft 
 
 * his Judgment in Caules of Faith, which, as they were major Caules 
 
 * ought to be left to the Pope and the Holy Apoftolical See. M. 
 
 * Sclyeljlrate produces thefe Words as his final Argument, which he 
 
 * thinks invincible, to prove that the Pope is ablblutely above all 
 
 * Councils. But 'tis very eafy to return him an Anfwer, which he 
 
 * has had a hundred times over, and without replying to it, that thele 
 
 * and other Phrafes of the like Import, ought to be underllood with 
 
 * relation to all Churches taken apart, to all Bilhops, Archbifhops, 
 
 * Metropolitans, Primates and Patriarchs, from any of whole Deci- 
 
 * fions 'tis lawful to appeal to the Pope, who is their Superior, not 
 
 * when they are alTembled in a Body, in a General Council repre- 
 
 * lenting the whole Church, but when they are confider'd diftindlly, 
 
 * agreeable to thofe Words of St. Aiiftin in' ths fecond Book of Bap- 
 
 * tifm againft the Dona^ills : Who does not know that St. Peter, by rea- 
 
 * fon of the Primacy of bis Apofllejlnp ought to he preferrd to avy E~ 
 ' pifcopacy nvhatfoei'er ? He fays to any Epilcopacy, and not to the 
 
 * whole Epifcopacy in a General Council. So that this Bull of Mar- 
 
 * tin V, no more than that of Pius II. which begins Execrabilis, can- 
 
 * not abfolutely condemn and forbid the Ufe, but only the Abule 
 
 * which may be made, ot Appeals to a General Council, by appeal- 
 
 * ing to them ralhly, unreafbnably, and illegally, as did thole Avar 
 
 * balTadors of Poland, and Lithuania. And if XL Schelftratey not- 
 
 * withftanding all this, infifts upon it, that the Pope, by this Bull, 
 
 * abfolutely condemns, and forbids all Appeals to a General Council, 
 
 * which however it does not f;iy, he may be eafily anfwer'd, that 
 
 * were it lb, it vvou'd not be of any Force at all, becaufe it was not 
 made, Conci/iariter, ^ facro appro'bante Ccncilio, nor with the Con- 
 
 * lent of the Church, which never pretended, that in fome Cales 
 
 * Appeals might not be made from the Pope to a Council. To 
 
 * be convinc'd of this, he need only read a Treatife writ upon 
 
 * the Subjeft, by that learned and pious Man John Gerfon, Chan^ 
 
 * cellor of the Univerfity of Paris, and the Declaration which that 
 
 * famous Univerfity made, by an authentick Acl, to Philip the Fair, 
 
 * that it was lawful to call a Council, and to appeal to it againft 
 ' BonifaceVllI; which Univerfity contented, and adhered, according 
 ' to the lacred Canons, to the laid Call and Appeal which the King 
 
 ia) 'vhi fupr. * "^^ ^^^ France made to the Council {ay 
 
 ».2j;i,234. " The fecond Anfwer I fhall borrow from MeJJIenrs Dupin and j^r- 
 naud, who have chole to cut the Gordian Knot, and in plain Terms, 
 to blame Martin V, rather than to mifinterpret his Conftitution. 
 ' Martin V, fays the firfl of thefe DoElors, did as all do, when railed 
 ^ to the Piutiacle of Honours, who forget their former Sentiments, 
 
 * and
 
 for Gerson and the Council of ConstanciT 573. 
 
 * and afliime quite another Spirit. When he was advanc'd to the 
 
 * Pontificate by the Council, he Ihew'd himielf docile and obedient, 
 
 * as long as the Council lafted, and did not pretend to any Authority 
 
 * over the Synod. But the Council was no Iboner ended, than he 
 
 * begins to exalt his own Authority. As foon as Menoffer'd tolpeak 
 
 * of the Condemnation of John de Falkenberg, he impofed Silence on 
 
 * them ^ and the very Propofal of appealing from his Judgment to a 
 
 * future Council, fo difpleas'd him, that he iifued the Conftitution in 
 
 * queftion, not confidering that if it were true that no Appeal caa 
 
 * be made from the Pope's Judgment, his own Election could not 
 
 * ftand any more than the Abdication of John XXIII, Bencditl XIII, 
 
 * and Grfgorv XII, becaule they might have challenged an equal Right 
 
 * over the Councils of Pifa and Conftance^ and have hinder'd any Ap- 
 
 * peal from their Sentences to a Council, the rather becaule one of 
 
 * them was a lawful Pope. And if they fay that this takes place in 
 
 * Cafe of a Schilm, how will they be able to maintain Mirtin?, Con- 
 
 * ftitution, whicJi forbids the appealing to a Council \ becaufe when ic 
 
 * was granted, the Schifm was not at an Endj Peter de Luna pre- 
 
 * tending that he was a true Pope ? But whatever was Martin V's 
 
 * private Judgment («/ tit fit de Martini V. pivata mente") it may be 
 
 * faid in anfwer, that he never publickly and authentically diliillovv'd 
 
 * (reprobajje) the Decrees of the IVth and Vth Seffions, but hadof- 
 
 * ten approv'd them, as has been demonftrated. For this Conflitu- 
 
 * tion, of which Gerfon makes Mention, was never publifli'd {pro7nul- 
 
 * gat a non fuit in orbe-m) and has hitherto lain dormant (^).' {a) De jlnilq, . 
 
 'Tis very ftrange, by the way, that a Conftitution io advantageous Euie/.Difcif. 
 to the See of Rome^ as this we are Ipeaking of, fliould never lee the ^'-If"*- ^^• 
 Light, and that we ihould know nothing of it, but by the Teftimony P" ''■' ' ^ "' 
 of Gerfon, who reports it himielf but by Hearlay. Perhaps it would 
 not be impoflible to guels at the Realbn of it. Since fatal Coniequen- 
 ces might be inferr'd from [it for the Eleftion of Martin V, accord- 
 ing to M. Dupin'?, Remark, this Pope was not willing to make it pub- 
 lick j but neverthelefs he drew it up in his firft Confiftory, which was 
 held March 10, 141 8, that he might make ule of it in due Time 
 and Place ; and he would not have faifd to have made an Advan- 
 tage of it, if the Poles had perfifted in their Appeal, which did 
 not fubfift, becaufe he gave them Satisfaction. A/. y/ra.W conjeiiures 
 alfb that it was iiippreis'd, becaufe the Conlequence of it was fore- 
 feen^ and he eflabliflies his Conjefture upon very good Realbns. Up* 
 on this Occafion, I ihall relate a Circumllance advanc'd by Dr. Bur- 
 net, Biihop of Salisbury, in his Travels thro'' Italy, Switzerland, &c; 
 and quoted by Budaus, in his Diilertation abovemention'd. 'Tis this: 
 M. Scheljirate had told Dr. Burnet that Martin V. made another Coit- 
 fiitution, in which he confirm'd the Approbation he had given to the 
 
 Decrees
 
 574 Dissertation Hist, and Apo l og. 
 
 Decrees of the Council of Conftance^ except that which puts Coun- 
 cils above Popes. Tims do they make iJulls to blow hot and cold, 
 according as Occafion ihall require. I'hcle are Dr. Burnefs Words : 
 ' As for che Pope's Confirmation of that .decree, it is true that by a 
 
 * General Bull, Pope Martin confirm'd the Council of Conjlancc to 
 
 * fuch a Period ^ buc belides that, he made a particular Bull, as Schel- 
 
 * flrate alfur'd me. in which he enumerated all the Decrees that he 
 ' confirm'd, and among thofe this Decree concerning the Superio- 
 
 * rity of the Council is not nam'd. This feem'd to be of much more 
 
 * Importance, and therefore I defir'd to fee the Original of the Bull ^ 
 
 * for there feems to be juft Reafons to apprehend a Forgery here. He 
 
 * promis'd to do his Endeavour, tho' he told me that would not 
 
 * be eafy, for the Bulls were ftridly kept^ and the next Day, when 
 
 * I came, hoping to fee it, I could not be admitted;, but he afilir'd 
 ' me, that if that had not been the laft Day of my Stay at Rome^ he 
 
 * would have procur'd a Warrant for my feeing the Orig'nal : So this 
 "^ is all I can lay as to the Authencicalnels of that Bull. But fuppo- 
 
 * fing it to be genuine, I could not agree with M. Scheljlrate^ that the 
 
 * general Bull oi Confirmation ought to be limited to the other that 
 ' enumerates the particular Decrees. For fince that particular Bull 
 
 * was never dilcover'd till he found it out, it feems it was lecretly 
 
 * made, and did not pafs according to the Forms of the Confiftory, 
 
 * and was a fraudulent Thing, of which no Noife was to be made 
 
 * in that Age \ and therefore in all the Dilputes that foUow'd in the 
 
 * Council of Baftlj between the Pope and the Council, upon this?very 
 
 * Point, no Mention was ever made of it by either Side ; and thus it 
 
 * can have no Force, unlefs it be to dilcover the Artifices and Fraud 
 
 * of that Court : That at the lame Time, in which the Neceflity of 
 
 * their Affairs oblig'd the Pope to confirm the Decrees of the Coun- 
 
 * cil, he contriv'd a lecret Bull, which in another Age might be made 
 ' ufe of to weaken the Authority of the General Confirmation that 
 *■ he gave ^ and therefore a Bull that doth not pafs in due Form, and 
 
 * is not promulgated, is of no Authority •, and ^o this pretended Bull 
 
 * cannot limit the other Bull.' 
 
 After M. Dupin, let ushf&x M.Jrnand. Schelfirate's Objection 
 runs in thele Terms: ' Martin V, lays Scheljirate, has plainly Ihew'd 
 
 * that he was above the Council ^ for, without giving himlelf any 
 
 * Pain becaule Falkenberg's Books had been condemn'd by the Na- 
 ' tions, and by the College of Cardinals, in fuch manner that nothing 
 
 * more remain'd to be done than to declare it publickly condemn'd, 
 ' he alone prevented it from being fb declar'd ^ and tho' a great 
 ' many Things were laid for the Condemnation of it, he put every body 
 
 * to Silence^ and without defiring the Conlent of the Fathers, meerly 
 
 * by his owa Pontifical Authority, he order'd that no Declaration 
 
 Ihou'd
 
 for Gers ON «»^ ^^<? Council <?/' Constance. 575 
 
 * fhovi'd be made concerning that Book {h)? M. Arnaui^ Anfwer is<^a) schdjl. p> 
 as follows : ' If Martin V. had determin'd contrary to the Opinion 74, 75» 
 of all the reft of the Council, that Falkenbcr^s Book was free from 
 Error, and if his Sentiment had prevail'd over the Opinion of all 
 the others, who thought itcontain'd very grofs Her efies^ there might 
 be fome Colour for this Objection \ but in the Afl:s of the Council, 
 'tis not faid what Opinion the Pope had of this Book, It is not 
 faid that he thought it a good Book, nor that he hinder'd any- 
 body from thinking it as vile a Book as it was thought to be 
 in the particular Aflemblies of the Council. 'Tis only laid, that 
 he hinder'd it by Violence from being condemn'd in a publick 
 Seffion i but why he did fo, is not known. It happens very often, 
 that the Prefident of a Society does by Violence hinder the Con- 
 fultation upon fome Affair, or refufes to conclude it after Confulta- 
 tion has been had upon it; doth it follow from thence, that he is 
 above the whole Society, as a King is above his Subje£ls ? Never 
 did any body think lo. This only fhews, that Men are apt to 
 make an ill Ufeof their Power, by doing what they have no Right 
 to do, or that they imagine they may ufe it for a good End, con- 
 trary to the ordinary Rules. That's all that can be faid of this 
 Adion of Martin V. Gerfon, who was prelent at the Council, 
 finis a great deal of Fault with it in his Dialogue concerning the 
 Council of Conflancey and furely he was as good a Judge of it at 
 leaft as MJe Schelflrate. I don't fee therefore what this DifTertator 
 can infer from it, unlefs he wou'd have Popes to be thouglit, not 
 only infallible, but alfo impeccable, and that if they have done 
 a Tiling, 'tis Proof enough that they have done well, and that 
 they had Authority to do it. The Fathers of the Council 
 did not approve of this Aftion of Martin V. but they thought fit 
 to wink at it, becaufe as all this pafs'd in the laft Seflion of the 
 Council, when it was juft drawing to an End, they were not wil- 
 ling to diiturb the Conclufion of it by a troublefbme Difpute, not 
 doubting moreover that the grofs Errors with which this Book 
 abounded wou d vanilh of th-.mlelves (^). {I) Am. uU 
 
 This is fiifficient to nnfiwer the Refleftion which Father Petit- f^t^- P- 5^U 
 Sidier makes (c) upon this Procedure of Mjr//«V,and upon his Bull. 5^^ 
 After all that has been iaid, tliis Bull ought to be no more regarded )^L '*°'*' 
 than if it had never been; (nee we know uofhing of it but from the 
 CompLiints made againfl it bv Gcrion one of the greateft Promoters of 
 the Decrees of the Vth Scfilin, and from che Advantage which fome 
 modern Ultramontains have pretended to make of it, tho' they were ne-- 
 ver abie to produce it. An J, as M. Arnaiid has very well obferv'd, 
 if this Hull had been publiJh'd any where but in Martin's Confiftory, 
 an Appeal wou'd infallibly have been lodg'd againft it in France, as ■ 
 
 there _
 
 ^y6 Dissertation Hist, afid A p o l o c. 
 
 there was againft Pius Us Bull Execrabilis, which forbad Appeals 
 
 from the Pope to an Oecumenical Council. The Reader will not be 
 
 dilpleas'd to fee feme Part of this Appeal againll: the Bull of Pius 
 
 (j) uhi/upra jhe fecond, as it is quoted by M- Arnaad (a). We have alfo, lays 
 
 p 5i5. ^S'"*. JVJ. AxvyAxAj the ^£1 of the Jppeal by that Attorney General^ wKofe 
 
 Jl'/f vy Name was 'Johfi Dauvet, and in this manner it Ipeaks o^ the Bull 
 
 xVl. Differt. ExccrabiUs. ' It ought not to be Hippos d that our Holy Father, 
 
 iy. p.432. < by 'the Bull, which 'tis laid, he publilh'd at Mantua, and which 
 
 ' begins Execrabilis ^ inauditus, wou'd have it thought that in any 
 
 * Cafe, whether it relates to the Prefervation of the Orthodox Faith, 
 
 * or the Extirpation of Schilin, or the Univerlal Reformation of 
 
 * the Church in the Head and Members, it is not lawful in any 
 
 * fort, for Princes and Kings to have Recourfe to the Judgment of 
 
 * a Full Council concerning any Complaints which they may have 
 
 * againft any of the Popes j becaufe Things which ought to be 
 ' particularly exprefs'd are not deem'd to be included in a General 
 
 * Prohibition, Cum fub gencrali prohibitione non veniant ea qu<s fpc- 
 ' ciali exprcffione indigerent, and efpecially fuch as may tend to the 
 
 * Prejudice of the Orthodox Faith, to the fomenting of Schifm, 
 ' and to the blemiihing of the Luftre of the Catholick Church. Tliere- 
 
 * fore St. Aiifiin, that Luminary of the Holy Church, writing to (i) 
 
 * Glorius^ Eleuftus, and Felix the Grammarian (2), concerning fome 
 
 * Perfons that had been condemn'd by Pope Mekhiades, lays, that 
 
 * if they thought that thofc who had fat in Judgment upon the 
 
 * Affair at Rome with this Pope, had not given right Judgment, and 
 
 * were uniuft Judges, they might appeal to a General Council of the 
 
 * whole Church, in which tJie Affair wou'd be difcufs'd again with 
 
 * thofe who had given Judgment upon it, and their Sentence revers'd, 
 
 * if it appear d they had given wrong Judgment.' And .St. Jerome 
 confirms the lame Thing, in the Letter to Evagrius, wherein he fays, 
 
 * that the Church of the City of Rome is not one Church, and the 
 
 * Church of the World another Churchy but that if any Queftion 
 
 * arile concerning the Authority of the one, or the other, the Church 
 
 * of the World has the Preference over the Church of the City, 
 
 * Et /i quaritur Jutoritas, Orbis major eft Urbe. 
 
 What Father Petitdidier adds, has as little Solidity in it. * If^ 
 
 * fays he J the Diftinftion of the Council of Confance had been Ge- 
 
 * neral, and had not been .-eftrain'd to a Time of Schilrn, 'tis certain 
 
 * that all the Catholicks wou'd have acquielc'd in their Decifion, and 
 
 * that fuch as ihou'd have prefum'd after that Time to main- 
 
 * tain the Superiority of the Pope, wou'd have been declared He- 
 
 * reticks, and cut off from the Body of the Church. Now this is 
 
 CO This which was formerly the i62d Letter, is now the 45d. 
 (2) It mult be Fe//x, and Grammaticui. ^ 
 
 2 lb
 
 for Gerson and the Council of Constance.' 577 
 
 fo far from being the Cafe, that on the contrary, we find that im- 
 mediately after the Council, the Divines of that Time ftiU main- 
 tain'd, that Popes were infaUible, and fuperior to General Coun- 
 cils (rt). But who does not lee it to be mecr Sophiftry, to lay (,,) p. c^q-^^ 
 down for a Maxim what is only in Qiieftion ? Some Divines, nay 406. 
 if you pleafe, all the Ultramontane Divines continued, notvvithftand- 
 ing the Decrees of the Council of Conjfance, to maintain the In- 
 fallibility of the Popes, and their Superiority over General Councils. 
 Therefore the Decrees of the Vth Seflion of the Council of Conjiance 
 are not General, and only relate to this Council. The Argument 
 is very conclufive. The J3ufinefs is to know who are the Cuholick 
 Divines, they who maintained the Decrees of a General Council, ap- 
 prov'd and confirra'd by the Pope himlelf, or they who wou'd not 
 follow them. It will be fdd without Scruple upon the bare Propofal, 
 that the firlt are the Catholicks, and that the Ultramontane Divines 
 are not Catholick Divines \ thefe being only the Divines of Rome^ 
 and the Pope. When Martin V made his Confutorial Bull, to for- 
 bid the appealing from the Judgment of the Pope to a General Coun- 
 cil, the Catholick Church was in the right to ftand up againft it, 
 and perhaps he only fupprefs'd his Bull for fear of it. But admit- 
 ting that he had made it publick all over the World, after .what had 
 been done, what cou'd have been done more ? The Pope had Thun- 
 der'd from the Vatican ; there wou'd have been a Neceflity to have 
 re-alTcmbled a General Council to reduce him, to Temper, and the • ' 
 
 Schifm wou'd have broke out afrefli. The beft way therefore 
 wou'd have been to lye flill \ ^liefcendum efl^ laid Father Valerian^ 
 rather than oppofe a Tyrannical Authority, at the Expence of the 
 Publick Tranquillity. 'Tis in vain therefore for Father Petitdidier 
 to oppofe the Decrees of the Council of Con/lance, with Autliors 
 all devoted to the See of Rome^ particularly the Cardinal T'urrccre- 
 mata^ and ylntonintis, Archbifliop of Florence ; becaule, as Father No- 
 el Alexander fays very well according to the Paris Divines, fbme 
 Teltimonies of 'Turrecremata^ Antoninus, Fcrrarienjs, cannot be of 
 any Prejudice to a Truth founded upon the facrei Scriptures, upon 
 Tradition, upon the Decrees of General Councils, and back'd by the 
 SulFrage of the Generality of Writers of all Orders difnnguilh'd for 
 their Piety and their Learning Q/). After all, thofe Authors ^xz (h) vhi fnpii 
 Parties, and they can't be heard in the prefcnt Qneftion, becau.'e they p- 43'^« 
 are Creatures of the Popes. Such was John do I'ltrrecranatay a 
 Preaching Frier who was at the Council of Conftance^ while he was 
 yet but in an inferior Rank (w;;2/«onZ'«j, as he fays.) Ke afterwards fig- 
 naliz'd his Z^cal in Favour of Eugene IV, againft the Council of ^^- 
 _/?/, both at Bafilj and Florence, and had a Cardinal's Cap for his 
 Reward. As to St. Antoninus of Florence, 'tis certain that he has 
 V o L. II. D d d d decided
 
 57^ Dissertation Hist' and Apolog. 
 
 decided that ''tis not lawful to appeal from a Pope to a General Cotincfly 
 becaufe the Pope is fiiperior to any Council ivhatfoeverj and becaiife ''tis 
 (4) Part III. a Herejy to fay the contrary («). I am not furpriz'd at him: He is an 
 ^'"""'- ^'- Ultramontain. In the mean time Father Noel Alexander^ a Dominican 
 III s x ^^ ^'^ ^^" ^s he, did not think him fuch an Oppofer of the Superiority of 
 the Councils, and byconfeqiienceof the Decreesof the Council of Co«- 
 JlancCj as he feems to be at firft-, becaule the Canon Lawyer of Flo- 
 rence owns in the lame place that the Pope's Judgment is not infal- 
 lible in hiinlelf, and without the Adiftance of the Council and the 
 Catholick Church, which cannot err. Licet ut perfona fingularis ex mo- 
 lu proprio agens Papa poJJ'ct err are in fide, tamen utens Concilia (i) 
 £s? requirens adjutorium Univer falls Ecclefice, Deo ordinante, quidixity 
 ego rogaii pro te, i^c. non potefl errare, i. e. Although it is poflible 
 for a Pope to err in the Faith, as well as a fingle Perfon, when 
 he ads of his own Accord; yet when he makes Ufe of a Council, 
 and requires the Affiftance of the Catholick Church, according to 
 the Command of God, who fays, I have prayed for thee, ^c. he 
 cannot err. Upon which, Father Alexander argues as follows : ' If 
 
 * the Pope is not infallible by himfelf, and without the Affiftance 
 
 * of the Church, he may be fet right by a General Council \ if he 
 
 * may be let right by a Council, the Council is liiperior to him; if 
 
 * the Council is fuperior to him, there are Cafes in which Appeals 
 
 * may be made against his Judgment, efpecially when the Faith is 
 mxHifupg^^ in Danger {by 'Tis true, that ^«i'oKZK«y denies the Confequence. If 
 
 " the Pope, lays he, like a private Man, fell into Plerefy, it ivoti'd not 
 from thence follow that an Appeal fiou'd be made againfl his Judg- 
 ment, becaufe in fuch a Cafe he fooiCd be admonifJid by thofe, ivhoy 
 in the Election of a Pope, reprefent the 'whole Body of the Church, as 
 do the Cardinals of the Church of Rome ; and if after Admonition he 
 Jfjou'd be inclined to amend, they ought not to judge him; but, by humbly 
 defifiingfrom his Error, he pou''d punifl] himfelf. And if on the contrary ^ 
 he obfl'mately perfijls in his Herefy, he fiall, for that very Reafon, be 
 fet afide from the Pontificate, and made lefs than any Catholick Clergy- 
 man. This Anfwer does not fatisfy Noel Alexander, and he attacks 
 it from thefe Words of Gerfon, who has alferted that a Pope who 
 ihou'd fall into Herefy wou'd not therefore be depoled ipfi faBo. 
 
 * Tis not true, fays Gerfon, that a Pope from the inftant he falls in- 
 
 * to Herefy, elpecially if it be fecret, is actually depos'd, as neither 
 
 * is it true of other Bilhops. This Opinion is liable to Inconvemencies 
 
 * in feveral Refpefts, as particularly with regard to the Uncertainty 
 
 * of the Ecclefiaftial Polity, and the Adminiftration of the Sacraments, 
 
 * and teads to favour the condemn'd Herefy of John Wickliff, which. 
 
 CO I belkye it mull be ©;»/?//». 
 
 confifted
 
 57P 
 
 for Ge'rson and the Council of CokstanceT 
 
 * confifted principally in declaring that no Pope and Bifhop in mortal 
 
 * Sinconfecrate?,C5fr. And whoever duly examines the Reafons why this 
 
 * DoOrrine of IVkklijf was condemn'd, will lind that tho' Herefy 
 
 * renders a Prelate worthy of being depofed, it does not however fol- 
 
 * low from thence, that he is actually depofed, unleG human Depofition 
 
 * intervene. For as Holinefs, how great foever it be, doth not con- 
 
 * ftitute a Pope or a Bifhop, if the human Election doth not intevjenc^ 
 
 * according to the common Law contrary to the Opinion of the Vaa- 
 
 * duii \ fo according to the common Law, no Iniquity dctrafts from 
 
 * the Papal or Pontifical Dignity if the human Depofition doth not . s Tr i rr 
 
 * intervene («). "l"^^,^ t"' ?' 
 
 For the reft, I kave thofe Do£lors with all my Heart to agree ''' 
 among themfclves, without meddling in their Difputes. The main 
 point in Queftion is a Dilpute between the Ultramontanes, and the 
 Divines of the RomiJJj Communion, which does not concern me 
 and I have only to do with the Council of Confiance ; which, as I 
 think I have fufficiently defended againft the Pretenlions of the Fa- 
 thers Defirant and Petitdidier^ I fhall conclude here with a whole- 
 Ibme Admonition to thole Gentlemen, and others of that Stamp, viz, 
 to ihewmore Refpeftto the Publick than they have done hitherto, and 
 not to be always telling the fame Stories over' and over, with the fame 
 Alfurance, after a hundred An! wers have been return'd to them con- 
 =£aining fuch Arguments as never met with a Rational Reply, ' 
 
 E N T> of the D I s s E R. T A T I o 
 
 N. 
 
 D d d d 2
 
 ;3i 
 
 A N 
 
 APOLOGY 
 
 By the AUTHOR of the 
 
 Hiflory of the Council o( CONST JNCE 
 
 AGAINST THE 
 
 Journal a'e Trevoux for the Month of T>eccmber^ 1714' 
 
 Berlin^ Sept. 3, 17 15. 
 
 S the Journals de Trevoux are very long a coming hi- 
 ther, 'tis not many Days lince we receiv'd the A- 
 bridgemcnt, which thofe able Journalifts gave of the 
 Hiflory of the Council of Conflance, in their Journal for 
 the Month 0^ December^ 17 14 7 I was not more un- 
 ealy till it came than I was eager to read it, being 
 alRired that I fhoiild find Ibmething in it of more Moment to the 
 Piiblick, than Panegyricks on the Author, or a meer Summary of 
 Fafls contain'd in the Hiftory : Nor was I deceived in my Expec- 
 tation j for tho' 'tis the ihorteft Ablfrait that has been given of the 
 Book, yet there are feveral Strokes here and there in it, which are 
 proper to be taken Notice of, both with regard to the fubjefl: Mat- 
 ter, and with regard to the Author himfelf. I am inclined to believe 
 that thofe Gentlemen, who in other reipedts have done me more 
 Honour than I deferve, had not advanc'd fome Arguments and Fails 
 in it, were it not for their Attachment to Principles, which may be 
 contefted with them, and for want of being better inform'u : Noc 
 
 ihould
 
 5S2 Apology for the Hijiory 
 
 flioiild 1 have animadverted upon any Part of it, if the Importance 
 of the Siibjeil: had not demanded it j but I ftall take Care to do it 
 with all the Regard due to Writers of their diftinguifh'd Merit. 
 
 I. The ExtraO: begins with thefe Words, T'be Protejlants -vainly 
 hoafled of M. Lenfjint'.( Book before it came out. I confefs, this leems 
 to mc to be a very odd Beginning, and I queftion whether we faan't 
 lind more Affeilation in it, than in the Care which the Proteftants took 
 to give Notice of the Hiliory of the Council of Conftance before it zvas 
 publiflj'cL Every body knows that as foon as the Journal-Writers 
 iiavc Information that any Bookfeller has a Copy printing, which 
 may be of Ufe to the Pubiick, their Cuilom is to advertise it before- 
 hand, and many Times too, before the Work is committed to the 
 Prefs. Of this I will call no other NMtnelfes than the Journalifts 
 de I'revoux themfelves j nor will I go any farther for an Inftance of it 
 than the very abovemention'd Journal, io'c December 1714, which con- 
 P. 21S9, tains the Extrad of the Hiftory of the Council 0? Conftance. There 
 2150. is an Article from Caen, in which they give an Advertifement of 
 
 M. cle la. Ducqiierie's Phyfical Diftionary long before it came out, be- 
 caufe they add, Let the Bookfellers of France and Foreign Countries 
 difpute the Honour of communicating fi ufefttl a Work to the Piihlick. 
 P. 21S7. In the very fame Journal, in the Article from Louvain, they have 
 alio given Notice before-hand of an Edition of St. Thomas, prepa- 
 ring by Father cVElhecque, a Dominican. But what is more furprizing 
 than all, is, that in the Article from Berlin, in the felf fame Jour- 
 nal, they advertile the Hiftory of the Council of Bafil, in thefe 
 Words, M. Lenfimc is hard at Work upon the Hijiory of the Council 
 of Bafil. 
 
 All the Catholick Journalifts alfo gave Notice of the Hiftory 
 of the Council of Conftance before it appear'd. Thole of Paris did 
 it, and it receiv'd the fame Honour from Meflieurs de Trevoux, in 
 their Journal oi Febr. 171;, that is to fay, above a Year before it 
 liiw the Light. So far therefore the Conduct of the Pioreftant Jour- 
 nalifts, who made Mention of the Flijlory of the Council of Conftance, 
 before it was publiHi'd, feems clear of Affeftation, becaufe they did 
 no more than what the Catholick Journalifts do, with regard to all 
 Manner of Books, and with regard to this in particular. If there 
 had been any Affectation in the Matter, it would not have confifted 
 in the bare advertifing of the Work, but in the advertifing of it in 
 Terms plainly denoting the Fondneis of the Proteftants for its Pub- 
 lication, or iti giving themfelves fuch Airs of Triumph before-hand, 
 as would have rendered them fufpicious of Partiality to the Author, 
 or of Affeftion to the Cauie it lelf. But nothing of this appears, 
 tlK Work being advertised hiftorically, with the greateft Simplicity 
 ^at could be, and without the leaft Token of Zeal for it. Which is 
 
 what
 
 of the Council (?/ Constance. 553 
 
 what cannot be faid of the Method the Joiirnalifts de Trefoux have 
 taken , in advertifing the new Edition of St. Thomas''^ Summa. 
 'the Ecclefiajlkal Poivers^ fay they, oughi to have a luatchful Eye 
 over the Edition of a PVork of fiich Importance^ and not to fuffer 
 fo pure a Fountain to be corrupted by the Licenfer of the Treatife of the 
 Aftion of God, and of all the Janfenifts Books that are publifl}'d in the 
 Netherlands. This may be juftly call'd ad'vertifmg ivith JffeSla- 
 tion. I fancy the Piiblick will diftover equal Affeftation in the 
 Method of ;advertifing the Hiftory of the Council of Confiance , 
 in that Part of the Journal which I juft now quoted. But^ 'tis P. 5<2,' 
 there laid, M. Lenfant is a Proteflant^ and I inill not be anjivera- 
 hle that his Hifisry is not tainted tvith the Prejudices of Religion. As 
 the Proteftants have not been guilty of Affeftation in giving an Ac- 
 count of this Hiftory, 'tis evident that every thing here faid by thole 
 Gentlemen to juftily fuch pretended Alfeftation, falls to the Ground, 
 'Tis to endeavour at giving a Reafon for a Thing which is not in eJJ'e^ 
 juft like thofe Learned Men who have compos'd very curious Pieces 
 to explain the Golden 'Tooth of Silefta^ and the Conjuring JVand-^ or 
 like Madame Dacier^ who compiled a very large Volume to fhew the 
 Caufes of the Depravity of Tajicy at a Time when the Tafte was as good 
 as it has been ever. p_ ^^^^^ 
 
 II. The Extract proceeds. Have not they (thtViott^cani's^ fcen 
 enough to know that the Hiflory of a Council^ written by a Man ivbo 
 difputes the Authority of all Councils , will be very liable to Sufpi- 
 cion ? M. Tenfimt makes Proteflation of his Sincerity j but the Tcfli- 
 mony of a Rebel againfl his Prince will never go dozvn, for all fuch 
 Proteftations. As this Article leem'd perfbnal, my natural Averfion 
 to all kinds of Controverfy made me hefitate whether 1 fhould an- 
 fwer it. Befides, thofe Gentlemen have made fuch obliging Mention p. 205^.. 
 of me in another Place, that I fliould think it Ibmewhat ungrateful to 
 quarrel with certain Blots which fell from their Pen, perhap?, without 
 any ill Defign. For I am far from fuppofing that thole Gentlemen did 
 me fo much Honour in one Place, ibr no other end but to wound me 
 with the better Grace. Be this as it will, the natural Obligation 
 which every Man lies under to defend himfelf againft heinous Accu- 
 Jations, has prevail'd over all the Caution with which Vanity could 
 infpire me, after being tickled with the Prailes of iiich able VV liters. 
 I conlider'd moreover, that the Acculation is not lb perfonal as it 
 feem'd to be at the ^Kik. View of it; and that as it lquint% both at 
 the Proteftants, and the Refugees in general, I could not let it drop with- 
 out incurring, in Ibme Meafure, the Guilt of Prevarication. The 
 Accufation turns upon two Points-, the one, that I am a Perfon who 
 difptle the Authority of all Councils ; the other, that I am a Rebel a^ainj^ 
 i»y Prince (or perhaps, rather a Rebel to my Prince"). . 
 
 3 A Man.
 
 584 Apology for the Hijlory 
 
 A Man cannot be accufed of difpucing the Authority of all 
 Councils, till it has been made appear, either in publick or private, 
 that he difown'd the Authority of any Council. Now this is 
 what I defy thofe Gentlemen to prove, with relpeft to me, becaufe 
 I never afferted any thing that could give the leaft Colour for fuch a 
 Cenfurc. It can only be founded therefore on my being a Protcftant. 
 But this Accufation is ftill more unjullifiable with regard to the Pro- 
 teftants in general, than if it only related tome in particular, becaufe 
 their Books, their Confedions, their Symbolical Writings, and all 
 their Hiftorics, prove the contrary. There can be no Colour for the 
 Accufation, without proving that the Infallibility and Authority of 
 ■Councils are but one and the fame Thing ; if this were clearly made 
 ou!-, the Author of the Hiflory of the Council of Conflancc would be 
 involv'd in the Cafe of all the Proteftants, who by not owning the 
 Infallibility of Councils, do by confequence dilbwn their Authority. 
 But every body knows full well, that there's a wide Diflerence be- 
 tween the Authority of a Judge and his Infallibility. Really it were 
 to be vvilli'd, that Authority and Infallibility were always in the fame 
 Chair, becaufe then Submidion might be paid to Authority with a very 
 lafe Conlcience. But on the other hand, if Infallibility muft neceffa- 
 rily be joyn'd to Authority to render it legal, there would be no 
 lawful Authority upon Earth in which there is nothing infallible, and 
 every Man would live in a State of Independence. After all, they 
 were not Proteftants who firft feparated the Infallibility of Councils 
 from their Authority. At the Time of the Council of Conflance^\zxQ 
 were feveral eminent Doctors, who maintain'd that Councils were not 
 infallible, and who only gave this Attribute to the Catholick Church, 
 according to the Tefhimony of Peter cC Ailli^ Cardinal of Cambray^ 
 who was at this Council. What conftitutes a Catholick Church is 
 not the Subjefl: of Inquiry here, it belongs to thofe Gentlemen to 
 debate that Affair •, all that lies before us is a Matter of Fa:)-, viz. 
 that at that Time they who did not agree in the Infallibility of Coun- 
 cils, were not deem'd 'as Perfons that difputed their Authority. 
 The Arguments for and againft the Infallibility of Councils may 
 be feen in a Tract which was written much about that Time by 'John 
 de Court e -Cut d'e^ a Doctor oi Paris and iJatchelor of Geneva^ concern- 
 ing the Faith J the Churchy the Pope o/Rome, and the General Council. It 
 appears by that Writing that the Queilion was very problematical as 
 well as very knotty ; but that however they who difputed the Tn- 
 faccb Almain fallibility of Councils, did ncverthclels own their Authority. The 
 jip.Cerf.T. Abbat o? Palermo^ for example, known by the Name of Par.ormi- 
 II. p. 1003. tanus, who wrote the Apology for the Council of Bafd, did indeed 
 recognize the Authority of Councils, but he by no means thought 
 them infiillible, becaufe he ventur'd to advance, that a Layman, who 
 4 fpcah
 
 <?/fA(? Council ^/ Constance." 385 
 
 fpeais according to the Word of Godj is more to be belie-v'd than it Gc- 
 tieral Council^ which fiould contradict God's Word. 'Tis plain there- 
 fore, that the not agreeing in tlie InfalHbiHty of Councils is not a 
 revolting againft their Authority. And after all that can be faid, Mef- 
 fteurs de Trevoux would come off but fcurvily, if they fliould caft any 
 Reproach at the Proteflants upon this Head, becaule 'tis the Ultra- 
 montane Divines themlelves, and the Jefuiis their Adherents, who 
 have ftripp'd the Councils of their Infallibility, whether real or pre- 
 tended, and cloathed the Popes with it. 
 
 To return again to the Opinion of the Proteflants concerning the 
 Authority of Councils, no Spirit of Rebellion againd that fort oi" Au- 
 thority was ever oblerv'd among them. When Leo X. fulminated his 
 Bull againft Luther^ the latter had no other Refuge to fly to but to 
 the Authority of a General Council. The Proteflants having not 
 been able to obtain Satistiidtion at the Council of Trent, were impa- 
 tient for a Free Council. Therefore the Point here in queflion is 
 not lb much the Authority of Councils, which is not diiputed ei- 
 ther by the Proteftants, or by the Author of the Hijlory of the Coun- 
 cil of Conftance, as the Quality of the Councils, on which their Au- 
 thority entirely depends. As the Authority of Councils is an Au- 
 thority purely Ipiritual, like to that of Jefus Chrift, in whole Name 
 and Authority Councils are affembled, they cannot have a lawful 
 Authority, without all the Qiialifications requifite for the due Exer- See Dupin of 
 cife of a ipiritual Authority, like to that of Jefus Chrift. If, for ^^^^i^^fl^fl 
 example, they are not free, and if every Member has not the Pri- yjj ^^^ '£' 
 vilege of Ipeaking in it, either to defend his own Caufe, or to make 
 iiich Propoiitions in it as fhall be necelfary for the Welfare of the 
 Church, it will be no longer a Ipiritual Authority, which neceifarily 
 fiippofes Liberty ; but it will be an Authority meerly political. If a 
 Council was not compos'd of all the Parts of the Catholick Church, 
 but only of fome \ neither would it have a Right to impole Laws 
 upon the whole Church:, it would be a National or Provincial Coun- 
 cil or Conventicle affembled by a Faftion ^ it would not be an Oecu- 
 menical Council, nor by conlequence one of thole, which, according 
 to the moft prevailing Opinion in the Church of Rome, immediately 
 hold their Authority from Jefus Chrift. If liich a delpotick Autho- 
 rity prefided in a Council as fhould endeavour tyrannically to regu- 
 late all Things according to its own Fancy, and to fct up its own 
 Laws inftead of thofe of Jefus Chrift, there would be good Reafon 
 for revolting againft fuch a Council. In this Cafe I heartily confcnt 
 to be accus'd with the whole Galilean Church, of being a Man that 
 is a Rebel againjl the Authority of Councils. I fhall have the fame 
 Weapons to defend my fclf, as that flourilhing Church has^ 
 and I Ihall glory with her, in acknowledging no other Authority in 
 
 Vol. II. Eeee Councils,
 
 §85 A p o L o G y /^r the H'tftory 
 
 Councils, but that of Jclus Chrift himfelf. Thus, when all Things 
 
 are duly confider'd, it will appear that the Authority of Councils lias 
 
 no other Enemies but the Popes, the Canon Lawyers of the Church 
 
 of Rome^ and their Adherents, who have always, to the utmoft of 
 
 their Power, eluded the Callinij of Councils, and who dread it as 
 
 bad as the Fire that burns, witnefs the invincible Averfion v/hich was 
 
 always manifefted by the Popes Leo X, Adrian VI, Clement VII, 
 
 and others, to the calling of liich a Council as the Germans defir'd : 
 
 But let us hear a Divine of the Gallican Church, concerning the 
 
 S/^r;V<?eG«-- Rebellion of the Popes againft the Authority of Councils. ' The 
 
 /<>», or the < Popes, fays he, who make it a capital Duty to abolifh the Council, 
 
 Ghoft of Gey- c ^gcaule it is the only Tribunal fuperior to their Authority ^ and 
 
 fcTi, printed < j^^j^^g j-efolv'd ncver to affemble any, till they are forc'd to it, in 
 
 •^7ii>P- 247' c Qi-jer to take away all Pretence for demanding it, they have had 
 
 * the Affurance to declare Appeals to a future Council null and 
 
 * void, and this upon an Argument to the laft degree impertinent, 
 
 * namely, that there can.be no Appeal made to what does not exift, 
 
 * and that a future Council is a future contingent Being, which doth 
 
 * not exift.' Confequently the Popes are not to blame, that Coun- 
 cils are meer Rational Beings. 
 
 I have hitherto made it appear/, that / am not a Rebel againjl 
 the Juthorily of Councils in the general -^ and that in this reljjeft I 
 profefs to follow the Foot-fteps , not only of the Proteftants, buC 
 thole of the whole Gallican Church, and her moft celebrated Doc- 
 tors, before and fince the Reformation. This is not all, I alio hope 
 to convince Mcjfieurs de 'trevoux that I not only reverence Councils 
 in the general, which have the Conditions that a Council ought to 
 bave^ but that there are feveral Councils, whole Authority I own; 
 and that by conlequence, MeJJieurs de Trevoux aflerted much more 
 than they can make good, when they repreiented me as a Man that 
 -was a]Rebel againjl the Authority of all Councils. We will inftance irs 
 the four firft Oecumenical Councils, which Gregory 1. profefs'd as 
 much Veneration for, as for the four Golpels, and whofe Authority 
 is likewile own'd by all Proteftants. 'Tis true, that they don't ex- 
 plain themielves on that Head, in Terms 16 ftrong as Gregory the 
 Great T and that 'tis not to the Authority of thole Councils that 
 they profels fo much Reverence, as to their Conformity with the 
 Word of God, according as Flenry Bullinger has explain'd himfelf in 
 Cap. 23. his Treatiie of Councils. Upon that Head, he happily quotes a 
 famous Paffige from St. Augujlin to Maximin of the Sect of A^ius. 
 Augitfi.coniYa St. Augufiii lays. Let not me quote the Nicene Council, nor you the Coun^ 
 Max. T. VIII cil of Arimini. / am not bound by the Authority of the one, nor Ton 
 S- 493- i)y t%e Authority of the other , Let us difpute from the Scriptures, &c. 
 
 This
 
 ^^ /Z'<? Council <?/"CoNSTANcr, 53/ 
 
 This is not St. JuguJ!i:i's Opinion only, but 'tis the Opinion of all 
 tlie Fathers, and of the Church ot" Howe it felt" as appears from 
 the Canon Laws^ and above all, the Gallican Church is entirely of 
 this Opinion. For fince a Council immediately derives its Authority 
 from jeiiis CJiriR-, 'tis very evident that it Jias no Authority, fluther 
 than as iis Decifions are regulated by the Law of Jefus Chrift. A rwf/.PartI, 
 Man therefore, v.'ho only fpcalcs of Councils, in the Language of all ^f- VIH, 
 the Ancients, and of thole oi" the belt Authority among the Mo- ^^' 
 derns, cannot be look'd upon as a Man v\'ho is a Rebel againft the 
 Autiioricy of all Councils. 
 
 Nevertheless, I am concent topafs for one in the Opinion of 
 MeJJieurs de I'revoux ^ Grant, 1 am a Man that is a Rebel againfl the 
 Authority of all Councils ; but let me examine the Conlequence they 
 draw from it againft me. fVere they (the Proteftants) not fenfible, 
 fay the Journal ifts, that the Hijlory of a Council, ivritten by a Man 
 that difputes the yliithority of all CoidkHs, would be very fnfpcious ? 
 If the Inference is fair, I affirm that there's no Party, and by 
 conlequence, no Hiftorian in Chriftendom, from whom the World 
 may hope for a Hiftory of any Council whatlbevcr, and elpecially of 
 the Council of Confiance^ that is free from Sufpicion. For who arc 
 the Men that will undertake to write fucJi a Hitlory ? They cannot 
 be the Divines of the Gallican CJiurch ^ for 'tis plain from their 
 fond Deference to tlie Authority of jthis Council, bccaule it fa- 
 vours their Liberties and Privileges, againft the Pretenfions of the 
 Court of i?o/«^ ^ fuch a Hiftory from that Quarter, would be very 
 much fufpc^ed. The fTime may be faid of the Roman Catholick 
 Divines of Germany. As this Council does very great Honour to 
 their Nation, and as moreover they have almoft the fame Reafons 
 to {land up for the Authority of it, as the Divines of France^ the 
 Hiftory which they would write of this Council, would be equally 
 fufpefted by thole who have a different Notion of it. Thus, we 
 find already, a multitude of People fufpeftcd in the very Bofbm of 
 the Church of Rome. Perhaps, the Divines of Italy, and thofe who 
 are of their Sentiments, would be more proper to give us a Hiftory 
 of the Council of Conftance ? But would it be fafe trufting to Per- 
 fons that have manifeftly rebell'd againft the Authority of this Coun- 
 cil? 'Tis well known that the Councils of Florence and the Lateran^ 
 which, properly fpeaking, were the Pope's Councils, gave Decifions 
 directly contrary to the chief Decifions of the Councils of Conjlance 
 and Baftl •, and that they were extremely afraid at the Council of 
 'trent, that the Decrees of the two latter Councils, concerning the 
 Superiority of Councils over the Popes, would be renew'd in theirs. 
 One Richard de Ferceil, fpeaking of the Council of Bafil as of a 
 General Council, Jerome Guerin^ Bifhop of Imola., cenfur'd him for 
 
 E e e e 2 his
 
 58^ 
 
 Apology for the H'ljlory 
 
 rhe Council 
 of Trewf, L. 
 VI. p. 548. 
 
 Vallaii'icinW 
 Hift. of th:; 
 Council of 
 Tyent^ Lib. 
 XVIII. c. 
 411. p. zo. 
 
 ^ 
 
 ^ 
 
 Father p<i«/'s his Raihnefs, in giving the Name of General to a Schifmatical Coun- 
 Hiftory of ^.j]^ efpecially after thole who had quoted it, had been fo often re- 
 prov'd. And the General of the Servites , John Baptiji cTAfl 
 would not have crfd up the Council of Conftance, with Impunity, a- 
 bove all the other General Councils, if it had been (ate to have ftirr'd 
 in the Aifair. Thefe are Fafts related by Father Patil, confirm'd by 
 Dr. Dupin, and wretchedly confuted by Pallavicinij who, by the 
 ' way, accules the Council of Baftl of Rebellion againll: the Pope j and 
 dilputes its Authority. Nor is there any body ignorant of the great 
 Kliorts that were made in the laft Century, by Emanuel Scbeljlratey 
 a Canon of Antwerp, and Sub-librarian of the Vatican, to render 
 the Authority of the Councils of Conftance and Bafil fiilpicious. It 
 may be imagin'd from thence that a Hiflory of the Council of Con- 
 ftance, written by the Divines of Italy, and by the Partilans of the 
 Popes and their Councils, could not but be fufpeded to the laft de- 
 gree by the greateft part of the Chriftian Word. What remains then 
 but to give this CommifTion to the Reverend Fathers the Jefuits, 
 who have conftantly in their Society very great Men, capable of the 
 nobleft Undertakings, and more efpecially to write the Hiftory of a 
 Council ; and who moreover have all the outward Helps for fucceed- 
 ing well in Hich an Attempt? At leaft, it will be faid, it were better 
 to have defer'd the Writing of this Hiftory, till Father Hardouin 
 had given us the Edition of Councils, which, 'tis faid, he has a long 
 time been preparing for the Prefs. No doubt one fhould have found 
 Afts more authentick, than in the Colleftion of the Ai-ts of this 
 Council, made from the M S S. of almoft all Europe, but compil'd, 
 as ill Luck would have it, by a Man, who in all Appearance is as 
 great an Enemy to the Authority of all Councils, as the Author of 
 the Hiftory. It may be fb. Yet I don't know whether the cenforious 
 World would not be even more diftruftful of a Hiftory of the Coun- 
 cil of Conftance, after the manner of the Jefuits, than of a Hiftory 
 of it written by any other Author. I know not how it happens, that 
 notwithftanding their Reputation, their Credit, and even their Me- 
 rit \ yet all but their Friends have a Sufpicion of every Thing that 
 comes from their Quarter. Undoubtedly it muft be imputed only to 
 human Prejudice and Malice-, but which way foever I turn, I iind 
 Umbrages and Sulpicions arile on every Side againft a Hiftory of cLc 
 Council of Conftance, written by the Pen of a Jeliiit. Nay, there 
 are Perfons who affirm that the Jefuits cannot write any Hiftory 
 which is not fufpicious, becaule they have render'd all the Fountains 
 of Hiftory fufpicious \ and becaufe the ancient Councils tliemfeives 
 ate not fecure from the Attacks which fome of their Order have 
 been pleafed to make upon the moft authentick Pieces of ancient Hi- 
 fiory, to the endthat nothing but the Decretals of the Popes may have 
 
 the
 
 of the Council ^/"Constance. 581^ 
 
 the Stamp of Authority. I am far from entertaining fo injurious an O- 
 pinion of an Order fo venerable, and will confine my felf to the Reflec- 
 tions which the Publick would be apt to make upon a Hiftory of the 
 Council of Conflance, procur'd by the Care of the Society. It would in- 
 fallibly be (aid, that the Jefuits being, generally Jpeaking, very much at- 
 tach'd to the See o^Rome^ and therefore Enemies to the Liberties of the 
 Gallican Church, a Hiftory of the Council of Confiance from their Pen 
 would be very fufpicious. 'Tis well enough known what a Perplexity 
 the Jefuits were in, when Father Maimbourg declar'd for the Church 
 of France^ contrary to the Pretenfions of the Popes, at which Innocent Dupin Bihl. 
 XL was lo digufted, that the Father was forc'd to quit the Society ^'■^•^- 
 to get them out of Trouble. But to prove that the Jefuits would not ' ^* ' 
 
 be thought very proper to write the Hiftory of the Council of Con- 
 fiance ^ we need only obferve Bellarmms Subterfuges to evade the 
 Decifions of this Council, touching the Superiority of General Coun- 
 cils over the Popes. Where then fhall we find a Man to write a Hi- Bc/z^rw/w. <fe- 
 ftory of the Council of Confiance^ whom no body can fufpefl:? Whenccw«/. L. II". 
 all Things are duly confider'd, the moft unfulpeflied Perfons for fuch^^ap. 18. 
 an Atlair, feem to be they, who, like the Proteftants, are neither 
 Enemies nor Slaves to the Authority of Councils. 
 
 Bu T to enter into the Truth of the Matter : From what Quarter 
 fbever a Hiitory comes to my Hand, I fliould not be willing to miftruft 
 it, nor much lefs, to render it fulpicious, efpecially if I was a Jour- 
 nalift. As there are certain Affairs in which all Mankind is lb much 
 concernM, that 'tis impofTible to find any Perfon who is not already 
 prejudiced on one Side or other, one m.uft defpair of ever having a 
 faithful Hiftory of what palfes in the Difcuflion of fuch Matters ; 
 and every Hiftorian, as foon as he enters the Lifts, muft expert no 
 Favour, becaufe he would be look'd upon as a fufpicious Writer. 
 In reality, 'tis no matter whether the Hiftorian is a Proteftant, or 
 of another Communion ; whether he ftands up for the Liberties 
 of the Gallican Church, or is devoted to the See of Rome ^ whe- 
 ther he contravaies the Authority of Councils, or profelTes a Re- 
 fpe£t for them J the Bufinefs ia Hand is to know if he is well 
 informed of the Fads, and if he is a Man of liifficient Veracity 
 to report them faithiliily And if wc were to tbrm a Judgment 
 by Precedents, with regard to the Hiftory of Councils, I would 
 venture a Wager that the Publick would always incline more to 
 an Hiftorian , who does not blindly fubmit to their Authority, 
 than to one who afcribes to them an Authority infallible and lu- 
 perior to every other Authority. It was in the latter Light that 
 Pallavichn confider'd the Council of T'tent^ but his Hiftory comes 
 very far fnort of that general Applaufe which has been given to 
 Father Pai'Ss Hiftory, who had not altogether the lame Opinion
 
 39° Apology for the Hijlory 
 
 of that Council. 'Tis moreover of very great Advantage to the 
 Publick, that one and the fame Hiftory Ihould be writ by Au- 
 thors of diiferent Perliiafions, to the end that the Truth of Fads 
 might be the better iUuftrated, by comparing tlie different Relations. 
 Neither Father Paul nor Pallavicini ought to be taken upon Truft, 
 but both the one and the other fhould be render'd fublervient to the 
 Advantage and Illuftration of the Truth. M. Schelftrate quotes cer- 
 tain A& of the Council of Conjiance^ which he met within the F'a- 
 tican, and which are not to be found eliewhcre. AI. Arnaiid diiputes 
 the Validity of them. Let them agree as well as they can, the Pub- 
 Afratid E- lick muft be Judges. I have wrote the Hiftory of the Council of 
 claircfurVAut Confiance^ from Acts which are publick and authentick, and which no 
 Ch^l'p""' ^^^'^ ever difputed ; whylhallit befdid that lam to be fulpefted, fince 
 ■ cPc. j.|^g Publick is in a Capacity to judge by reading the Hiftory it felf, 
 whether I have kept fairly to my Records, or whether I have forg'd, 
 curtail'd or Jiipprefs'd them, to favour one Party to the Prejudice of 
 the other ? I hope alio that the Publick will do me Juftice, and ac- 
 knowledge that Mcjficurs de 7'revoux have in this Inftance, perhaps 
 inadvertently, departed from the Charadler of Journalifts, and taken 
 up that of Cavillers, inftead of imitating the Modefty of the Jour- 
 nalifts of PariSj who have contented themfelves with giving a plain 
 faithful Narrative of this Hiftory. I am not lb vain as to boaft of 
 the Honour done me in England, Holland, Germany, and in ail the 
 Proteftant Countries, where I have not been deny'd the Character of 
 which an Hiftonan ought to be moft ambitious, viz. that of Difin- 
 terettednels and Impartiality. Thefe are Authorities to which Mef- 
 ftetirs de Trevoux are not oblig'd to fubmit. But I know from very 
 good Hands, that the Court of Fienna has the lame Opinion of it, 
 and they cannot but have the fame Notion of it in France, becaule 
 the Hiftory is aihially printed there. 
 
 II. The other Acculation, which is o^ my being a Rebel againji 
 my Prince, is ftill more odious ^ but as good Luck would have it, 
 'tis as eafy to dilprove, and will not require much Time. However, 
 it almoft fcar'd me;, the Character of a Rebel is horrid, and I did 
 not recover my firft Fright, till I had lifted and founded all the in- 
 ward RecelTes of my Confcience. I have found in this Search, that for 
 above thirty Years that I have been in Germany, where I have had 
 the Honour to ferve the Publick in two diiferent Dominions, viz. the 
 Palatinate and Brandcbourg, I can neither reproach ftiy Conduct nor 
 my Heart, God be prailed, with the leaft Shadow of Rebellion againji 
 my Princes. I was therefore oblig'd to trace the Matter higher, and 
 to lee if my Charadcr, as a French Proteftant, did not render me 
 liable to the Acculation. If God had brought me into the World in 
 
 thole
 
 of the Council ^ Constance^ 551 
 
 thofe iinliappy Times when France was miferably diftrafted by in- 
 teftine Wars. 
 
 ' . popuJimque potentem 
 
 Infua zitlrici convcrfum vifcera dextrA 
 Cognatafqus acies. 
 
 If I had been born, I fay, in thofe Times, I might perhaps, by my 
 Birth and Charafter as a Proteftant, have engag'd in one of the Parties 
 which the other call'd Rebellious. However, I fhould have had con- 
 vincing Arguments to defend me againft tiich an Acculation ^ and the 
 Method of Recrimination would not have fail'd me, whatever had been 
 the Confequence. But as I was not born in thofe Times, my Ene- 
 mies can accufe me of being a Rebel, with no better Juftice than the 
 Wolf did the Lamb. 
 
 ^nte bos [ex Menfes male, ait, clixifii mihi. 
 Refpondit ^gnus : Equidem, natus von eram. 
 Pater hercule tuns, inquitj makdixit mihi. 
 
 I can only therefore be call'd Rebellious by thofe Gentlemen, up6n 
 a Suppofition that I am of the number of the Refugees, who were 
 drove out of France by the Perlecution. In this Suppofition there are 
 two Queftions, one of Law the other of Faft. The Qucftion of 
 Law is, whether the Refugees are Rebels. The Queflion of Fadl 
 is, whether I am a Refugee. As to the Queltion of Law, 'tis plain 
 that thofe Gentlemen are for the Affirmative. But I have no need 
 to anfwer an Acculation lb unjufl:, and yet lb often repeated. They MefAllaMe^ 
 who have anfwer'd the Advice to the Refugees^ have laved me the &= rfe Lane^. 
 Trouble, becaufe they have prov'd, beyond all Contradiclion, that 
 which way Ibever we confider it, whether according to the Law Natu- 
 ral and Divine, or even according to the Law of Nations and the Ci- 
 vil Law, thofe Perlbns who fly in the fame Cafe as the Refugees fled, 
 cannot be deem'd as Rebels. I don't think that Mejjieurs de T'revoux 
 would be fond of embracing 1'ertiiUian''s Opinion, who, in aTreatife 
 he wrote while he was a Montanifly that is to fay, a Fanatick, pre- 
 tends that 'tis never lawful to fly from Perlecution. They would in 
 fuch Cafe be confuted by the Holy Scriptures, by the Coir.mand and 
 Example of Jefus Chrift, by the Examples of the Apoftles, the Pri- 
 mitive Chriftians, thole of all Ages, the Fathf^rs, Councils, and uni- 
 verfal Tradition. Therefore the only Point that remains to be clcar'd 
 up is, whether the Proteflants of France were perfccutcd or no, whe- 
 ther they v/ere not obliged to Sublcripcions and Tranfaftions, contrary 
 to their Confciences, and whether they were not compcU'd thereto by 
 
 snoii .
 
 593 Apology for the Hijiory 
 
 moll horrible Tortures. This is a Faft fb piiblickly notorious, that 
 none will conteft it but Pcrlbns void of Confcience and Shame, who 
 have equally ibid themfelves to tlie Couris of Rovie and France. In 
 vain have they endeavour'd to cloak and palliate it : It will always 
 remain a conftant Tiuth, till the Invention of a new Language and 
 a new Dictionary, to explain what is meant by Peyf^'cutlon. The 
 Qiicftion of Law therefore is determin'd thus. The Refugees are 
 not Ivebels tor having quitted France^ becaule they were diove out 
 by Periecution. 
 
 As to the Queflion of Faft, Mejlieurs de T'revous muft know tliat 
 the Author of the Hiilory of the Council of Confi^ncc not having 
 the Honour to be a Refugee, cannot be a Rebel agaiufi his Sovereign^ 
 according to their own Principle, unlefs it be by his approving of 
 the Refugees Condutt, in making their Efcape, and thereby faving 
 their Confciences from the violent and almolt invincible Temptations 
 to which they were expos'd in their Native Country. If this makes 
 him a Rebel, then every honeft Man in France is as much a Rebel 
 as he. The Author went out of the Kingdom a long while before 
 the great Fire of Perfecution, and before the Repeal of the Editt of 
 Nantes. Me had no oclier View but to travel, and then to return to 
 his Native Country, which was barr'd againit him by the fuppref- 
 fing of that Edift, and by an open Perfecution. J here was no room 
 therefore to accule me of Rebellion at that Time. But what fol- 
 lows, is ftill more pofitive, viz. that my Father, who was a Minifter 
 of the Golpel, having an Order and a Pallport from the King, when 
 he left France, caus'd me to be included in his Safe-Condufl:, which I 
 keep ftill. Thus are thofe Gentlemen miftaken, with regard to me, 
 both in Law and Fafl, becaufe I am no Rebel either one way or o- 
 ther. They have advanc'd a Principle which is falfe, and have 
 drawn a Conclufion from it, which would be falfe too, even tho' the 
 Principle were true. I am the more furpriz'd that they fhould take 
 fuch a Liberty with lo much Unconcernednels, when they cannot but 
 know that a certain Society, which to them is not indifferent, is 
 publickly accufed, and, in the general Opinion, convifted, not only of 
 having cherilh'd Rebels and Traitors to their Sovereigns, in its Bo- 
 Ibm, but of having a£lually taught Principles contradirtory to the 
 Security of all the States and Potentates in the World, the Pope ex- 
 cepted. I don't intend to recall thofe hateful Things to Memory 
 which have already made but too much Noife in the World, and do 
 It was print- lb ftill. Libraries abound with Proofs of what I lay, and the laft 
 cd in 1713. Piece that was written againft the Jefuit Father Jouvemy'^ Hiftory 
 of the Society of Jefus, and fupprels'd by the Arret of the Parlia- 
 ment of PariSy is of it lelf fufficient to perpetuate the Memory of 
 them. Here I will only add the Refolution pals'd in a National Sy- 
 nod
 
 of the Council of Constance.' 593 
 
 nod of the Reformed Clmrches of France^ which was held at Ton- 
 wins in 1614, whereby it will appear h:^w much the Principles and 
 Practices of Rebellion a^aind their Sovereigns are abhorr'd by the 
 Reform'd. The A^ rii.i;; thus. Whereas the pernicious Doctrine of the 
 Jefaits againft the Lives, Efh-'tes and Authoriiy of Sovereign Princes, 
 is publijlid every Day ivitb more and more Impudence , by the chief Men of 
 that Se£t j Siiarez having, for fame Months pr.fi, outdone his Compa- 
 nions in a Writing he lately publiflo'd, the Jfj'cmbly detejiiug this abomi- 
 nable Doctrine and its /Juihors, exhorts all the Faithful to have it in Ab- 
 horrence and Deteftation ; and all thcfe who have a Commiffion to teach, 
 to oppofe it vigoroujly, in Maintenance of the Rights of Sovereigns ejla- 
 blifl} d by God, in Conjunction -with the Laiv of Goa himfelf. As I 
 have no where departed from the Principle of the Synod of T'onneins, 
 in this relped, Mefjieurs do Trevoux may read the Hijiory of the Coun- 
 cil of Conltance, with all the Safety in the World, and without any 
 Apprehcnfion that any RefraBory and Rebellions Turn of Mind nas 
 miiled me from the Truth. Neverthelcfs let us fet the Matter in the 
 worft Light that it will bear, and let us admit for true, what thcfe 
 Gentlemen have lb railaly adventur'd to alfert j what would they them- 
 felves fay, if the Argument was turn'd thus : Paliavicini the Jef.'it, 
 has wrote a Hiftory of the Council of Trent ;, another of the fame Oraer 
 is preparing a Celle&ion of the Councils ; another has "wrote the Hiflory 
 of Lutheranifm, Calvinifm, the League ; another that of France, l^c. 
 All thefe Gentlemen write perfeBly well; but what Credit ou^ht to he 
 given to the Report of Perfons who are IdoUzers of the t'opes, and Re- 
 bels to their Soverigns ? Tho' the Confequence feems very natural, yet 
 I ihouldbe loth to infer it^ becaufe, be it ever fo fpecious, it may be 
 thought ralh and falfe, upon the Perulal of the Work it Iclf, ii^ which 
 every Man ought to be left entirely free, without being prcjudic'ct l^y 
 difadvantageous Impreffions. Therefore I leave the Worlu to juu.^e 
 of the Inference drawn by Mefjieurs de 'Trevous, even tho all that they 
 have laid of me without Foundation were true, nay, fuppoling there 
 were fomething in it ftill more odious. M. Lenfanc is a Protefar-.t, 
 and by confequence, a Rebel againfl the Authority of all Councils. Ik is 
 a Refugee, and by confequence a Rebel againfl his Sovereign, bccaufc he 
 went out of France, contrary to the King's Orders. Lie has liv'd for 
 thirty 2 ears in this Rebellion, (^c. Ergo, his Hiftory of the Counril of 
 Conilance is very fufpicious, and his Protefiations of Sincerity in thaf 
 refpccl, ought never to be admitted. 
 
 Admijfi rifura teneatis amici ? 
 
 III. To proceed with the Examination of the EKtraft, made by 
 
 MeJJicurs del'revoux, in p. 2045, ^o^t, they fay as follows: * We fliall 
 
 Vol. II. t'fff ' ! better
 
 594 Apology for the Hijlory 
 
 * better anfwer the Reader's Expeftation, as we think, if we deirion- 
 
 * ftrate that the Reproaches which M. Lenfant throws upon the 
 
 * Church by reafon of this Council, are eafily contuted by the very 
 
 * Fafls which the new Hiftorian acknowleges.' To this lanfwer in one 
 Word, that / have caji no Reproaches upon the Churchy but have only 
 mention'd the Reproaches which were then caft upon the Church of 
 Rome, by the whole Chriftian Church. 
 
 The Journal fays, p. 2047, 2048, that the Council confirni'd the 
 Excommunication which was fulminated by the Pope againft John 
 Hns ^ and that while Hus %vai free at Conftance, he continued to teach 
 kis new Do^rine, and to fay Mafs in his Chamber, without any Regard 
 to the Excommunication which he lay under. If thote Gentlemen pre- 
 tend that I have faid fo, they make me fey a I'hing which I have 
 Mot faid, and was not capable of faying ^ but if they fay it of their 
 own Head, they advance a Fafl: contrary to the Truth of Hiftory. 
 It was impoflible that the Council Jhould confirm the Excommuni- 
 cation of John Hus, before his Imprifonment, which happened N'ov. 
 38, 14 1 4. In the firft Seffion, which was held Nov. 16, nothing 
 more was done than the reading of Ibme Bulls which concern'd 
 die Council in general, and the regulating the Ceremonial of that 
 Affembly. In the lecond Seflion, which was not held till the 2d 
 of March 141^, no Mention was made of' John Hus, the Empe- 
 ror and the Council not thinking it fit that any Affair Ihould be 
 treated of, till they were well aiiur'd of the Refignation to be made 
 by John XXIII, who complains himlelr, among other Grievances, of 
 the Emperor's Delay in the Condemnation of Herefies. Ilh expe- 
 mnder- Uardt ^^^o (nempe Ceffione ) voluit Dominus nofter Sejjiones tenere, £5? procedere 
 XIV. p. 47. fuper Reformatione Ecclefta y Extirpatione Herejium: ^od nunquam 
 obtinere valuit nifi quantum placuit Regi ^ inducentibus eundem. But 
 there is Ibmething more to come ftill, and that is, that the Council 
 was fo far from confirming the Excommunication of John Hus, that 
 35/i7y?. H«/IV, the Pope himfelf took it off, before John ///« was apprehended. This 
 fol 58; appears by a Letter written from Conjlance to Bohemia , by one 
 
 of the Friends of John Hus, who was fuppos'd to be Jshn de Jam- 
 witz, his Vicar. Scire vos cupio, quia heri auditor, utinam Sacri Pa- 
 hti Apoftolici, cum Epifcopo Conjlantienfi venerunt ad hofpitium noflrum^ 
 una cum Officiali Conftantienfi (3 Magiflro locuti funt, qualiter altercatio 
 magna inter Papam t^ Cardinales verfatafit de intercUBo fulminato pr^e- 
 tenfo contra Magiftrmn nojlrum, l^ brevitcr conchiferunt, ut acccdant Ma' 
 gifirum, intimantes fibi, quia Papa de plenitudine Potejlatis fufpcndit jam 
 diBum interdi&um, ^ fententias Excommunicattonis contra Magijlrum Jo- 
 hannem latas. 
 1?; 2043. IV. M. Lenfant ozms, fays the Journal, that the Pajfport which 
 
 John Hus had obtained of the Emperor , was not produced in Forjn. 
 
 a I don'c.
 
 of tbe Council of C OK ST Mi c^^ 595 
 
 I don't know that I have any where confefs'd this: I only faid p. 61 
 and 1S8, that it did not appear that the Pope himfelf had fecn the 
 PaiTporc, and that he did not defirc to fee it. But he could not be 
 ignorant that Jo/m Has had one, for he was made acquainted with 
 it, immediately after the Bohemian Doftors Arrival, and it was con- 
 firm'd to him by JobK de Cblum, as ibon as John Has was arretted. 
 This Safe-Coiiduti was ieen by the greatelt part of the moft ilUiftri- 
 ous Members of the Council, and the chiet Nobility of Germany 
 were prefent at the Drawing of it up, as appears by the Anfvver of 
 the Bohemian l^ords, to the Acculation given in by the Bifhop of 
 Lytbomitz. Now I demand of every candid Judge, whether in a 
 Fatt lo publickly notorious, and in an Affair of fuch Importance, a 
 Defefl: of Formality can warrant lb grofs a Breach of Faith as the Vio- 
 lation of a Safe-Conduft. Therefore \\A.\'QMcJlieurs de T'revoux thought ''"'"'«'' '^<»'-*, 
 fit to look out for fome other Plea, to falve the Honour of the Coun- J* P" 
 oil in this refpeft. They fay, that the Paff'port, fuch as ^tis printed., p_ j^Q.g, 
 was only to fecure his Journey /o Conrtance, and contain d no Promt fe for 
 his Stay at Conftance. I declare, that when I read thefe Words, I 
 could icarce believe my own Eyes. I always underftood, that v^hen 
 a Man had a Paflport given him to go any where, fuch Paliport ex- 
 tended to fecure him at the Place where he was going, as well as up- 
 on the Road. And if the King of France granted me a PafTport to 
 go to Paris, I fhould reckon my lelf as life at Paris it felf, as in 
 any Place upon the Road. Surely it would be a very ftrange Excep- 
 tion, if Conftance fhould be the only City excepted from all the C/- 
 tieSj Towns, /tillages, Societies, and all the Subjefts of the Empire, 
 which were order'd by the Emperor to procure John Has all manner 
 of Security : 'Tis ftill more ftrange, becaule Conftance was the very 
 Place where John Hus had need of a Pailport, for it was of no Ser- 
 vice to him upon the Road. But did thole Cicntlemen really read the 
 Palfport, as it is printed, or did not their Eyes want Spedacles ? The 
 PafTport, as it is printed, contains thele Words, Omni prorfus impe- 
 dimenta remoto, tranftre, ftare,MoK\KX ^Kedike lil>ere permittaf is, Bzov. Voniir 
 (^c. i. e. You fliall let him pafs, flop, Stay and Return freely, iJ''rdt,'V.W. 
 without any manner of Impedfment. If th'.s Return did not mean P' "" 
 his Return from Conftance to Prague, I am not the only Man that's 
 blind, and am fure that every body elfe is as blind as my felf. But, 
 continues the Journal, the Emperor never meant to promife the Doctor 
 contrary to all Laxv, an Impunity from Crimes which he committed in 
 the Sight of the Council, and after his Arrival at Conftance. 'Tis 
 true that if John Hushad committed Murder^ if he had robb'd up- 
 on the Highway, if, while he was at Conflance, he had, like a Rioter, 
 declaim'd againft hisjndges^ it was not the Emperor's Intention to fcrcen 
 iiich Crimes, or fuch Enormities from Punifhment by his Safe-Conduflr. 
 
 Ffffz But
 
 59^ Apology for the Hijiory 
 
 reveler vardt, BuT what Crime did John Has commit? He lay clofe, and fnug 
 T Il.n ii^.jn his Houle, and never ftirr'd out, but in Obedience to the Cardi- 
 F .t CI rh^: ^^|g^- -j-jg j.j.^^g ^Y)Sit he celebrated' Mafs in his Houfe, tho' he was 
 Confiance excommunicated. But if his Excommunication was taken otf, as has 
 Vo! Lp.'5S.been obferv'd, the Celebration of Mafs was not a Crime-, but on 
 the contrary, a good Aftion, confider'd with regard to the Principles 
 of the Council. Suppole however that his Excommunication was 
 not taken off, as indeed it is not certain that it was, becaule this 
 Circumftance appears only in a Letter from a Hujfite^ we need only 
 read p. 297. of the firft Volume of this Hiftory, to be convinc'd by 
 the I'eftimony of feveral Loitors of the Church of Rome^ that John 
 Hus was in Circumftances which dilpens'd with his Obedience to the 
 Excommunication But there he propagated his Errors as M. Leufant 
 owns. A/. LenFant has not own'd any fuch Tiling -, what he fays p. 
 58, of the firft Vol. is this. True it is, that having a Reliance on his 
 Safe-Conduct, and the Pope's Promife, he tallCd there with a good deal 
 of Liberty, and maintain d his DoElrine, both by Converfation, and by his 
 Writings. But his Do:trine having not yet been try'd by the Council, 
 it was no Crime for him freely to explain himfelf. He came to Con- 
 fiance for no other End but to maintain, or to retrafl: it ; and he cou'd 
 not do either one or the other without (peaking of it. It woi/d really 
 be unparallell'd Severity to pretend, that a Man who is fiimmoned to 
 give an Account of his Doilrine, (hall not have the Liberty to ex- 
 pound and maintain it in his Chamher. In a word, to give the 0- 
 dious Name of Crimes to Opinions not yet fo much as condcmn'd, is 
 a Term of the Inquifition which no good Man can relilh. In the 
 Church oi Rome , 'tis Obllinacy tliat forms the Crime of Herefy. 
 But when John Hus was apprehended, he was not guilty of Obftina- 
 cy, becaufe he had not yet been examined, and he ihew'd himlelf fb 
 Tovaetnardt tradable that the Cardinals Jeem'd to be very well latisfy'd with the 
 T. 1¥ p. 12. Anfvv'er he made to them upon the Charge of Herefy John Hus 
 Hia. of the therefore having not committed any Crime wliich rendered him un- 
 Cour.cil of v^orthy of his Paflport, and having been arrefled before he was try'd 
 w, "' ^ '^"'J J'-^'^S'^j never was any Violation of a Safe-Conduct more noto- 
 rious than this J f:i that it appears, while thefe Gentlemen are endea- 
 vouring at an Apology for this Council, they have given the irhjft 
 diladvar-^geous 'J urn to its Conduit, that it could podibly receive. 
 from e greateft Rebels againfl the Authority of Councils. 
 
 The belt Way. tor them to extricate themfelves out of the Diffi- 
 culty, ».vas to lay in naked Terms, That no Faith ought to be kept 
 with Hereticks, and they had the Remedy at hand, by communica- 
 ting to the Publick an Aft, in due Eorm, taken from the M S S. of 
 liiis Library of Ftennaj which lays, that according to the Laivs of God, 
 
 Nature 

 
 of the Council of Constance. 5517 
 
 Natufe and Man^ no Faith or Promife ought to be kept luith John Hus, 
 to the Prejudice of the Catholick Ftiith. 
 
 Those Gentlemen have thoght fie to call the Authority or tliis 
 Decree in queftion on fiindry Pretences, which, I think ought not 
 to be admitted. They fay that this Decree is not in the Aits of 
 the Council, that is to fiy, in the fingle Aits that were printed be- 
 fore Dr. Fonder Hardt publifli'd his Colletlion. But the Ads of a 
 Council, which were not printed for a certain Ipace of Time, be- 
 caule they were not difcover'd, are as much the Atts of a Council as 
 thole which were printed from Originals or Copies that could be 
 recover'd. I do not know that there are any Decrees of the Church 
 of Rome, for judging of the Authority of the Ads of Councils as 
 there are for judging of the Vulgate, when it has been revis'd by 
 fuch or fiich Popes. Nor do I think that thofe Gentlemen would be 
 willing to call the new Ads of the Council of Conflance in quellion, 
 which have been publilh'd by the Fathers Lahhe and Coffdrt, under 
 Pretence that thofe Ads were not in the Colledions of Surius, Bimus 
 and others. Nor would they care to call in queftion the whole Pro- 
 cedure of the Council, in the Affair of John Petit\ Propofitions, 
 under Pretence that it did not appear among the Ads of the Council, 
 before it was publilh'd by Dr. Dupin in his fine Edition of Gerfoii's 
 Works. But the Decree we are Ipeaking of does not come from a 
 fufpicious Hand j for it was found at Vienna, among the Ads of the 
 Council, abridg'd by John Dorre, a Civilian of Repute, who was prcr 
 fent at the Council. This Decree not appearing to be an unfinilh'd 
 Piece, as is pretended by MeJJieurs de T'revonx, and carrying no Mark 
 in it to denote that it was only a meer Draught, diffident People 
 might conjedure with equal Reafbn, that they who drew up the Ada, 
 thought fit to fupprefs this, for fear it fhould give any Colour for 
 an oaious Accuiation, from which Mejfieurs de Trevoux themfelves hope 
 to get clear, and all the Roman Catholicks with them, by laying, that 
 Jirice the Council of Conffance, it has been the Opinion of all the Catho- 
 licki, that Faith ought to be kept with Hereticks. 1 do not propoie to 
 enter into a Dilcuftlon of this Point, for, aso.ie of the great Genius's 
 of our Days has dcclar'd, '//'; a doubtful battle ; the AJfailants are ^n/hS An- 
 capable of raijing fpeciotis Objc^ions, bat they ivha are attack d oppofe ^'^'^'^ ^" ^^^ 
 Di/lin^io ;s, in tvbich 'tis a %-ery diJjlcHlt Matter to force them. After .^p\^qJJ|^*^*J 
 ai!, the Pcilon who has furniihd Mcfjienrs de Trevoux with the Me- T. I. k ;V. 
 moirs from Berlin, makes it his lioaft that he has heard me fity a 
 Thing which I ne\er laid either to liim, be ne who he will, or to 
 any body elfc, of which it is proper to acquaint thole able Journa- 
 lifts, that they may make a better Choice of Correlpondents. I know 
 ("tis faid in the Article of February 171 5, p-362,) nay I have it from 
 hmfelf (M. Lenfan:) that he will achiowlege that the Council of Con- 
 
 ftancej
 
 59^ Apology jor the Hijlory 
 
 ftance did not decree, 'That "'tis lawful to break Faith with Hereticks, 
 'Tis proper to let the World know that I have iiiid nothing upon 
 that Head, but what they will find in Vol. I. p. 35 1, ^52, l^c. of the 
 Jliltory of the Council of Confiame. 
 
 But to return to the Difliii^ions of the Per for. s attacked upon the 
 Matter in Queftion, viz. Whether or no the Council of Confiance de- 
 creed, That Faith ought twt to be kept with FieretukSy it will not be 
 amifs, perhaps, to give a Sketch of tinofe DiflinElior.s in an AnfA'erfrom 
 one of the Dottors of the Council to this Quttion, Whether "'tis lawful 
 for any one to grant a Safe-Condutl to a Heretick, in hopes of reclaim' ^, 
 ing him from his Error ; and on a Suppofition, that without fuch Pa(f-' 
 port he would not come ^ and whether upon finding afterzvards, that 
 there is no Hopes of reclaiming him, the Safc-Conduil granted to fuch 
 Heretick ought to be obferv'd. Tliis Piece is taken from the M S S. 
 of St. Paufs Library at Leipjic, which I found by chance as I was 
 turning them over, after M Fonder Hardt, who had thofeMSS. had 
 with all his Diligence over-look'd them. Tho' there is no Name 
 of the Author to ir, yet it has all the Marks of that Century, with 
 regard both to the Writing and Stile, and it muft have been written 
 in the Council it felf. The Anfwer therefore to the Qiieftion, as far 
 as I have been able to decipher it, is as follows : I fhall put down 
 every Article of it in Latin. 
 
 Prima Conclusto. Rex potefl licite dare uni Haretico fahum 
 ConduEium fub Dominio fuOy fub fpe correSiionis fu^e, formando fu falvum 
 ConduSlum, quod fervabit fub Dowinio fuo falvuml^ fecurum eundo, ma- 
 nendo ^ redeundo. i. e. ' A King may lawfully grant a Safe-Conduct 
 
 * to a Heretick, as far as his Dominions extend, in hopes of his 
 
 * Amendment, by forming the Safe-Condud in fuch a manner that it 
 
 * keep him lafe and Ibund in his Dominions, all the Time that he 
 
 * goes, ftays and returns.' 
 
 Secunda Conclusio. Rex. in priedino Cafu tenetur fervare faU 
 vum ConduSium tanquam propriam fidern., feu fidelitatem veljuramentum. 
 /. e. ' A King, in the Cafe abovemention'd, is oblig'd to be as ten- 
 
 * der of the Prefervation of his Safe-Conduft, as of his Faith, Fi- 
 
 * delity or Oath.' 
 
 Tertia Conclusio. Rex inpradiBo cafu non chligatur prafer- 
 "vars diHum H.ereticum., cum auHoritate Superiorum fui, £5? Superiornm 
 ad ipfi'in Regem ille FLsrecicus nienierJo., eundo, aiit manendo., pofjit in- 
 carcerari, ft ita meruit y jttjlitia pofulabit, quemadtnodum in omni fal- 
 vo ConduElu veljuramento intejligitur, ^ ft non e.vprimitur {SvPERio- 
 RUM AUCTORITATE EXCEPTA) ncc violari fides dicenda eft., etiam 
 occidendo, dum facit hoc juftitia. i. e. ' A King, in the Cafe afore- 
 
 * laid, is not oblig'd to fave fuch Heretick, becaufe 'tis pofTible, that 
 
 * in going, coming or during his Stay, he may be impriibn''d by t)r- 
 
 ' der
 
 of the Council <?/" Constance. 5pc^ 
 
 * der of his Superiors, and of thofe who are Hiperior to the King 
 
 * himfelf, if he has fo delerv'd, and Juftice require it, as is imply'd 
 
 * in every Safe-Conduct or Oath, tho' 'tis not exprefs'd (the Av- 
 
 * THORiTY Of HIS SUPERIORS EXCEPTED) nor can the Faith be 
 
 * faid to be violated, even by putting the Perlbn to Death, if it be 
 
 * by the Hands of Juftice.' 
 
 QuARTA CoNCLUSio. Rex in pradiSlo cafuy fi dedertt fahum 
 CondiiSlum cum talibus exceptionibm (i'.TiAM SI Superior vellet 
 EUM incarcerare, prohiberet hoc et deduceret, e- 
 
 TIAM SI PERJuSTITIAM CONDEMNATUR ad CARChRES, VEL 
 
 '"AD mortem) Saivus ijie ConduBus daretur inconjulie (y malt. Non 
 
 ejfet objervandiis in pradfElis cajibus, fed deberet poenitere Rex^ (^ fateri 
 
 quod male fecijjet. i.e. ' If in the Cale aforeiaid, a King grants a 
 
 * Safe-Condud with ilich Exceptions (jbat when the Superior has a 
 ' Deftgn to take him into Cuflody., he will hinder it, and reclaim him, 
 
 * even tho' he is by Laiu condemti'd to Imprifonment or Deatlo) fuch a 
 
 * Safe-Condu£l would be granted unadvifedlydnd wickedly, and Ihould 
 '**-hot be oblerv'd in fuch Cales } but the King ought to repent of 
 
 * having granted it, and to confeis that he had done amils. 
 
 QyiNTA CONCLUSIO. ^ex in dando falvuni ConduBuni poteji ra- 
 tionabiliter 6? ad cautelam non apponere conditiones fubinteUeSlas de jure 
 fuales di^ce funt (Scilicet, Salva Auctoritate Superio- 
 RUM etJustiTIA) ut facililis fibi credat pr^edi^us Hareticus. Men- 
 dacium tamen aut promijjionis exprejfcc fraElionem nullo paHo debet com- 
 mitterey ficut in pnecedenti propojitione notatum eft. i. e. ' A King, 
 
 * in granting a Safe-Conduft, may reafonably and prudentially not ex- 
 
 * prels the Terms of Law, imply'd as abovemencion'd, (viz. Saving 
 ' the Authority of Superiors and Jujlice to the end that the Heretick 
 
 * may the more ealily confide in him. Yet he ought by no Means 
 
 * to tell a Lie, or to break an exprels Promife, as is noted in the fore- 
 
 * going Propofition. 
 
 Sexta (.onclusio. Rex in terris &? rebus verb non habens Su- 
 perior em.^ pot eft dare falvum ConduHum uni criminofo., lit put a (j'eo lafce 
 Majeflatis fu(s') veniendo, manendo, 13 redeundo ^ quo cafu non po- 
 teft fub fpecie juftitiie detinere prtedi5lum criminofumj vel detineri permittere 
 J lb dominio fuo., Juppo/ito^ quod crimen novum non admiferit^ poft datum 
 falvum Condudluniy unde meritb debeat detineri. i. e. ' But a King, 
 
 * who has no Superior over his Lands, nor in his Affairs, may grant a 
 
 * Safc-ConduO: to a Criminal, as for inftance (one guilty of High- 
 
 * Treafon) to come, Hay and return, in which Cale he may nor, un- 
 
 * der any Pretence of juftice, arrcft fuch Criminal, nor liilfer him to 
 
 * be arrcftcd in his Dominions, Uippofmg that atter the Safe-Condu£l: 
 
 * was granted, he has not committed any new Crime, whereby he 
 ' delerv'd to be detain'd.' 
 
 I-lhall
 
 6oo Apology for the Hijiory 
 
 I fliall leave it to the Publick to make their particular Refleflions 
 upon this Opinion or Judgment of the Doctor, and fhall only oblerve 
 in general, that, according to theie Principles, no Heretick, or Peribn 
 acciis'd of Berely, can truft to any Safe-Condnft, becanlc he can get 
 •none but what is fallacious. Either Rich a Safe-Conduil will be grant- 
 ed by an Emperor, a King, a Prince, or Temporal Lord, or elle it 
 wall be granted by the Pope, or by the Council. In either of thefe Cafes 
 no Safe-Condufl: can be attended with Security, becaufe in all thele 
 Cafes there is fome Superior, real or pretended, whofe Authority 
 may make the Safe-Conduit void. If it be granted by the Emperor, 
 or a King, ^c. he has for his Superior the Pope and the Council. 
 If by the Pope, there can be no trufting to his Safe-Condu£l^ be- 
 caiile according to the Councils of Confiance and Baftl^ according to 
 the Sentiment of the Gallican Church, and of the grcateft Part ot 
 the Roman Catholick Church, the Council is liiperior to the Pope, 
 and may, by conlequence, dilpenfe with his Oblervation of any Safe- 
 Condufl: that he grants to a Heretick. But then the Safe-Condu£l 
 of a Council will be fecure againft all Contradiftion, and its Autho- 
 rity will be irrefragable. Not at all. For as, according to the Pope, 
 according to the See of Rome, according to the Ultramontane Canon 
 Lawyers and Divines, the Pope is above the Council, and owns no 
 Superior, he may deny the PalTport of a Council. And indeed, a- 
 mong the Reafons given by the Proteftants for not receiving a 
 Father ?/»«/, Safe-Conduil, v/hich they were firft of all oifer'd, at the Council of 
 p. 142. 'J'rent, this was not one of the leafl, I'lz. that the Council did not 
 
 promile them Security, in the Name of the Pope and the Sacred 
 College, as the Council of Bafil had done. Befides, who could truft 
 to a Safe-Conduft, in which 'tis allowed by Prudence or Precaution to 
 liipprefs a Claufe, which if it were exprefs'd, would hinder the Ac- 
 cepting of the Paifport, viz. Saving the Authority of Superiors. That's 
 a manifeft Rebellion againft Sincericy \ and the Doftor's Cnutela is a 
 perfeft Decoy, an egregious Sham ; 'tis balely laying Snares in the 
 ■way of the Perfon impeach'd, and fraudulently relerving a Pretext to 
 take away his Life, it" it be thought expedient. Such mental Refer- 
 vatioKS are lb repugnant to the Tranquillity and Security of human 
 Society that they will ever be abhorr'd by all Mankind. The Fa- 
 thers of the Council of Trent afted with more Candor, for they ex- 
 prefs'd in their PalTport the very Claufe which the Council of Con- 
 j'lance DoOior gave leave for fuppreffing, viz. That the Council granted 
 Security no farther than belong'd to them. Confequently, the Pro- 
 teftants were not over-rcach'd by them. 
 Pather Paul, They thought the Form of the PaJJport enfnaring, fays Father Paul^ 
 P- 524- becaufe of this Refervation in it, quoad le pertinet, or quantum ad ip- 
 
 iam Sandum Synodum fpeSat j /. c. as far as appertains to this Sabred 
 
 Synod-^
 
 c/ z^^" Council of Co'^.iTA-^cE. 6oM 
 
 Synod i and that moreover, it did not appear that any one ast'd more 
 of another, th»n what he had Power to grant. So that without having 
 Recourle either to the Decree of the Council o^ConJiance, difputed by 
 Mejfieurs de Trevoux, or to the anonymous Doflor's private Opinion, one Hiffory of 
 need only read the allowed Decree, to draw thole two Confequences the Council 
 from it-, one, that the Palfport was violated, becaufe it had not this ^(^"Pj""^** 
 Ciaufe in it, that the Emperor promifes Security, as far as is in his .°" * ^ 
 Power^ or faving the Authority of Superiors ^ the other, that if this 
 Claule was fupprefs'd onpurpole, 'tis a bale and criminal Fraud, which 
 could have no other View but to violate the Safe-Condu£t in Cafe o^ 
 Neceffity. 
 
 But after all, to return to the controverted Al\j I am not at all 
 concern'd in the Dilpute : Having found the Decree in the Afts, 
 whether it has any Form or not, whether it be only a Draught, or an 
 Aft that was pafs'd, I could not, in the Quality of an Hiftorian, 
 forbear relating it juft as I found it : I have aited likewife, with fo 
 much Precaution, throughout tlie whole Affair, that I have not calPd 
 the Execution of ;7o^^»//«j, theprincipal^ftoftheVioIationof theSafe- Hiftory of 
 Condua, as the Bohemians did, and as the Protctonts do at this Day. ^^^^^a^^ 
 What I have chiefly inffted on, was the Imprifonment o'i John Hus^ p. -sfjj, ' 
 which was the firft and principal Ad of the Violation of his S.ife- 
 Condu5V, becaufe he had not yet been examin'd, and becaufe the Pope 
 having cleared himfelf as he did, from having caus'd him to be ap- 
 prehended, he could not be taken up by any competent Judge, the 
 Council having had but one Alfembly, and made no Relblutio'n about 
 him in their firft Sedion. Confequently, the Doctor's Evafion can be 
 of no Service at all to him, becaufe there appears to be no fuperior 
 Authority that could caule John Hits to be arrefted, in Ipite of the 
 Emperor's Paffport. Nor am I concern'd any more for the Writing 
 juft now mention'd, than for the A^t which tho(e Gentlemen have 
 thought fit to rejeO:. As an Hiftorian, I have here inlerted it, be- 
 caule it was not come to Hand, when I wrote this Hiftory. I fhall 
 do the fame for the future, and not (iipprefs any Piece that is pro- 
 per to be inlerted in a Hiftory, without any Affcdation, either for or 
 againft the Church of Rome^ and without aiming to draw any Infe- 
 rence from it in favour of the Proteftants, to whom this Affair can 
 have no Relation but very indiredly, and by fuch Confequences as 
 I have ftudioufly avoided to draw. If on the other Iiand, thele Gen- 
 tlemen would not be fo fond of drawing Inferences againft them, as 
 they fo often do, the Commerce of the Republick of Letters would be 
 more profitable and delightful, becaufe it would be more free, and 
 nothing would fpoil the Pleafure we take in reading their journals, the 
 Merit and Ufefulnefs of which are acknowlegd'd, and in improving by 
 their great Difcoveries in all manner of Subjects. 
 
 Vol. II. G S S S For
 
 ^02 AvoLOGY for the Hijlory 
 
 For Inftance, they have done me the Favour to give me a Hint, 
 which I Ihould be very glad to improve : Tis concerning the Signi- 
 fication of the Term ScholaflicuSj us'd by Gregory the Great, in this 
 Gregcrlui L. Phrafe, Fifum efl valde mihi inconvenienSy ut precem, qtiam Scbolajlicus 
 VIII. ^{--fi. compofuerat^ fuper oblationem diceremus, (^ ipfam traditionerti qiiam Re- 
 <^4' dempto, nofler compofuit fuper ejus Corpus ^ Sanguinem taceremus. \ 
 
 had mittaken the Word Scholaflicus for a Man's Name, and thofe 
 B(i«4 A wij// Gentlemen tell me, p. 20 5 f^, that it fignifies a polite Writer. 'Tis 
 r«<*r^. L. II. true that Cardinal Bona, from whom Mejfieurs de Trevoux have bor- 
 C. 2. p. 747. j.Qy^.'j |.}j;s Remark, without naming him, has very well obfervd that 
 this Word is iomet'mes us'd to fignify a Man of Learning, in the 
 ancient Ecclefiaftical Authors, as well as in prophane Authors: But 
 it does not follow from thence, that it was not many times the 
 Name or Surname of 'a Man :, and the very Palfage quoted from St. 
 Jercmf, by the Cardinal de Bona, in Confirmation of his Opinion •, 
 this PaiTage, I fay, ieems to infinuate that it was fometimes a Surname or 
 Title, which ferv'd inflead of a Name. Serapion Eplfcopus ob elegxn- 
 tiam Ingenii cognomen Scbola/lki meruit. I. e. Serapion the BiOiop, for 
 the Excellency of his Wit, deferv'd the Surname of ^yf/jo/iJ/f/V/VJ. If I 
 could be liire that the Author in queftion was John the Scholafilck„ 
 as M. Dupin calls him, becaufe they who follow'd the Bar were call'd. 
 by this Name, I fhould not have faild to have given the fame Defig- 
 nation to the Perfonvvhom I have the rather chole to call Scbolajlicus, 
 while it was ^0 uncertain who this Author was. I find too, that I 
 ihould have run a very great Risk, if, according to the Opinion of 
 Cardinal Bona, which is embraced by thofe Gentlemen, I had taken 
 Gregory the Great\ Scholaflicus for a Man vers'd in the Sciences ; be- 
 caufe if we do but open the Ecclefiaftical GlolTaries and Diil:ionaries, 
 we fhall quickly find that this Word has undergone various Accepta- 
 tions, and that it has flood for the Offices which might ferve as a 
 Surname to thoie who enjoy'd them. But this is not all \ for it appears 
 from Ecclefiaftical Hiftory that in thole Times the Word cbolalll- 
 cus v/as aQually become a proper Name : I will inftance in three Ex- 
 amples of it, two of which are quoted from the Annals of Baronlus, 
 the other from Gregory hmMf. The Annalift in the Year 606, Par. 3, 
 makes mention of one Scholaflicus an Eunuch, who carry'd away 
 Conftanthia, the Widow of the Emperor Maurice, with her three 
 Daughters, ^c. Anno Imperil Phocis quarto, Scholaflicus Eunucbus, vlr 
 ghrlofus Palatli ConflantlnajH Domlnam, ollm Auguflam Conju^e-m ]\Iau- 
 rltii Imperatorls, cum trlbtis fillabus ejus arrlplens, (^c Scholaflicus does 
 '^eoplatt. j^Qj. ^-gj^ -jj jjjjjj. pi^cc to fignify a A:fan of Learning ; 'tis certainly 
 '' '"' a Name or Surname, borrow'd from fome Office, or owing to Ibme 
 other Caufe, as is plain from the Gree/: Text of I'heopbanes, from 
 whence this PalTage is quoted. Li tlie Year 715, Par. 3, the Anna- 
 
 5 lift
 
 of the Council <?/ Constance. ^03 
 
 lift lays that the Emperor Anaflafms fent Scholafticus a Gentleman of 
 his Bed-chamber Kxarch into [taly. Mittens eai per Scholafiicum cubi- 
 cnlarium qiiem in ItnUam mifit Exarcham. And a little after he quotes 
 thelc Words from Anaflafnis the L.ibrarian, Pofi aliquod verb tempus 
 Scholaflicus cubiadarius Patricius et Exarcha Itali.s vcuiens Romam. No 
 doubt it was a Name whicli was given to fuch as Ihone in the Belles 
 LettreSy frequented the Bar, or exercis'd any Office to which the 
 Name of Scholajiicus was annex'd. This Palfage of Anaftafius is in 
 the Article of Conjlantine the Pope, in every Line of which we find 
 that the Hiftorian places the Names of the Perlbns whom he treats of, 
 before their Offices^ and that conlequently Scholajiicus is the Name of 
 him who is mentioned in this Place. But why Ihould not Scholajiicus 
 t)e a Man's Name in St. Gregory ^ for the fame Doctor in his Dialogues, 
 Lib. II. Cap. 2,. tells us of a young Woman nam'd Schvlajlica^ Surer 
 namque ejus nomine Scbohijlica^ &c. Baronius likewile calls this lame 
 young VVoman Scholajlica, upon the Authority of Paul the Deacon, 
 Anno 664. Par. 2^. ShQWzsSt. SchoLiJlica Sifter to the Ahhi^t Bens- 
 dicl one of the moft celebrated Saints of the RorniJJj Church. 
 
 Let it be as it will, whether I am millaken with Cardinal Baronius 
 and Gregory the Great, or whether thole Gentlemen are miftaken with 
 Cardinal Bona^ 'tis a Critical Problem of no great importance ; if it 
 were, I fnould think it an Honour to lubmit to Perfons of their Rank 
 and DiftinL^ion in Learning, and with Pleafure I conlent it fhould be 
 determin'd in their Favour. 
 
 FINIS. 
 
 A 
 
 G g g g 2 AN
 
 A N 
 
 Alphabetical TABLE 
 
 O F T H E 
 
 Contents of both VOLUMES. 
 
 77;'^ Capital Numerals peiv the Yol. and the?>mn\l ones ibeFa^Q. 
 
 ABB A T'S, who were deputed 
 by the Duke of Burgundy to 
 the Council I. 5 pa 
 
 Abbats deputed from England II. 4ri 
 Ahbreviiitors (of the Roynna Chancery) 
 the Number too great II. 34<J 
 A Rule of the Reforming College 
 upon it lb. 
 
 How they are diftinguifh'd by Mr. 
 Aymon ib. 
 
 jibelm-d Petcr^ takes Part with the 
 Monks againft the Regular Clergy 
 
 II. 3<r5 
 Jbendon, an EngUp Do6lor, his Ser- 
 mon upon the Reformation I. 521, 
 
 Abondi (John) Bifliop of Cohe joyns 
 
 with the Cjrdinnls to obtain the 
 
 Archbifhoprick of Riga II. i i8 
 
 Abfent Cardinals and Prelates call'd to 
 
 the Council I. 600 
 
 Accidents (of Bread and Wine) in the 
 
 Eiicharill are not without their 
 
 Subjeft I. 118, 255 
 
 This Article of U'ickliff is con- 
 
 dcmn'd i 1 8 
 
 The tendency of it to the Deftruc- 
 
 tion of the World 237 
 
 The abfurd Senle which theChurcii 
 
 of Rome puts on the Words This 
 
 is my Body 23C», 238-, 253 
 
 Accitfations. See 'John XXIII. 
 Acolythes, their Number limited 
 
 II. 34«f 
 
 Aiis of the Council of Conjlance, fe- 
 
 veral in divers Countries I. 158 to 
 
 Ails of this Council, printed by Order 
 
 of the Council of Bafd I. i<Sa 
 
 Adimar (^A/aman, C^rdimd de Pifa) fent 
 
 by the Emperor to Benedid Xlll, 
 
 to compel him to fubmit to the 
 
 Council II. iiS, 215 
 
 His Fulmination againft that Pope 
 
 220, 2S5 
 His Death aS"^ 
 
 His Memorial about the Reforma- 
 tion 330 
 AduLition of the Pope painted to the 
 Life by Gerfon II. 5* 
 JEneas Sylvius his Teflimony to the 
 Conftancy of Jerom of Prague 
 
 I- 5?? 
 
 Chofe Pope by the Name of Pius id 
 
 II. 2CO 
 
 His Merit and Works ib. 
 
 His Inconrtancy after Eletlion ib^ 
 
 Age prcicrib'd for taking Orders 539 
 
 j^gout {Bertrand de) Archbifliop of 
 
 Bourdeaux, chofe Pope by the Naine 
 
 of Clement V U.i6^ 
 
 Ailli (Peter Cardinal of Ca>nhray)h\S 
 
 Objcdlions agaiall the Calling of a 
 
 General Council i- 5, <5 
 
 A!ili'&
 
 Table <?/ C o n t e n t s. 
 
 /lilli liis Deference to Gerfon's Argu- 
 ments il>. 
 
 His Arrival at Conftance ;5 
 
 Some Particulars about him ib. 
 
 His Memorial concerning the U- 
 nion and Reformation of the 
 Church, againll thofe of the other 
 Cardinals 72, 74. 
 
 His Argument againll the Infallibi- 
 lity of General Councils in the 
 Faith 74 
 
 His Sermon upon the Union and 
 Reformation of the Chutch 79 
 
 He pleads for the Superiority of the 
 
 Council over the Pope ib. and 
 
 198, 201 
 
 He is appointed Commiffioner in 
 Matters of Faith 174, 179 
 
 His Reply to the Patriarch of An- 
 tsoch, who had ailerted the Supe- 
 riority of the Pope over the 
 Council 201, lOi 
 
 His unworthy Cavil againll Juhn 
 Has 524 
 
 The Ccnfure he puts upon him 341, 
 
 His Exhortation to him to retrad 
 
 551 
 
 His Memorial againlt the Propoli- 
 tions of "John Petit 501 
 
 He alTerts that they appertain to the 
 Faith 55^ 
 
 His Treatife of the Ecclefiaflical 
 Power read in full Council 6\6 
 
 His Doubts concerning the Pro- 
 ceedings of the Council (Jip 
 
 And concerning the Pope's Right 
 to the Church Revenues 620 
 
 His Opinion of the Fulnefs of the 
 Ecclefiallical Power <5ii 
 
 His Quarrel with the EnglijJ} 628 
 
 His Harangue in favour of the Car- 
 dinals II. 79 
 
 He pleads for the ele£ling of a Pope 
 before the Reformation of the 
 Church 79, 105 
 
 He varies his Opinion about the An- 
 nates 149 
 
 He condemns Grahon's Books. See 
 
 Grabon 
 
 His Treatife upon the Neceffity of 
 
 the Reformation 5 1 8 
 
 His Opinion about the Multiplicity 
 
 and Variety of rhe MonalUck 
 
 Orders 3(71 
 
 He is/or allowing People to. work 
 
 upon Holidays after celebrating 
 
 the Offices ;b5 
 
 His Candour towards the Jews 
 
 387, 588 
 A'lx la Chapelle, Sigifr/toud's Corona- 
 nation there I. 6z 
 Alam Billiop of Sarjim. See SalnbKry 
 AlamaK. See Adtmar 
 Alamtind {Bernard Bifhop of Condom) 
 his Treatife concerning the Refor- 
 mation of the Church II. 302 
 Alban (St.) an Abbey of Benediii:nes, 
 near Mentz.., "Johtz de Gomtn its Ab- 
 bat, his Attendants at the Council 
 
 II. 410 
 The fecularizing of that Abbey 
 
 411 
 Albert V. (Duke of Auflrla, Son-in- 
 Law to the Emperor) the Arrival of 
 his AmbaiTadors at Conjlance I. 57 
 Alexander II. Pope, he forbids the put- 
 ting of the Jews to Death for their 
 Religion II. ?8£r 
 
 Alexander III. Pope, his Bull againit 
 thofe who violate the Interdict 
 
 1. 2dO 
 
 His Gift of the Golden Role to 
 
 Leivis the younger King of France 
 
 II. 244 
 
 His Bull concerning the Manners 
 and Qualitications of the Clergy 
 
 32<S 
 His Laws in favour of the Jews 
 
 38<S 
 Alexander V. Pope, his Ele6lion at the 
 Council of P;/^j I. 2, II. 307 
 His Death and Character 308 
 
 He takes cognifance of the Atii'.ir 
 of john Ilu; I. 52 
 
 His Bull in favour of the Mendi- 
 cant Friers II. 148 
 Alexander VI. Pope, his Impolitions 
 
 on the Clergy 
 
 II 540 
 Oppos'd
 
 T ABLE of C O N .TiE'N.l^^i; 
 
 Oppos'd by the Univerfity of Paris 
 
 ib. 
 
 Al^honfu! King of Arragon fucceeds 
 
 herd'triand I- 578 
 
 He renounces aened'td XIII. 11.49 
 
 His Difputes Willi jMurtln V. 220, 
 
 284 
 His Union with Benediit Xlll. 
 
 220, 284, 285 
 
 He recalls his Ambairadors from 
 ConJJance 285 
 
 He ftnds an Embafly to Martin V, 
 at Kome 285 
 
 He unites to the Council 1-585 
 /llfonfris (King) his Chronological Ta- 
 bles II. 577 
 Alienation of Churches the Opinion 
 of the Germans upon it II. zo6 
 Martin Vth's Regulation upon it 
 
 212 
 All'Saiitts-Day^ the Origin of that Fe- 
 ftival I. 20 
 
 ^Il-Sonls-Day, the Rife of that Fef- 
 tival '!>. 
 
 Altars portable, what they are II. 279 
 Ambrofe (St.) his Cenfuie of Simony 
 
 II. 549 
 Amhrofian Office or Ritual, the vain 
 Attempt to fupprefs it at .Vf/7.?» 
 
 II. 595 
 Anadet Pope, his forg'd Decretal 
 
 I. 200 
 Andreas (John an Italian DoQor of the 
 Xlllth Century) againft Tranfub- 
 ftantiation I. 5<J8 
 
 Angela (Cardinal) his Attendance at 
 the Council II. 392 
 
 Anhufe (an Abbey in Swabia) U'll- 
 liam de Lake the Abbat II. 415 
 
 Foundation of it /'/;■. 
 
 Anjo:^ (Lewis de) a Competitor with 
 Ladijlaus of Hungary I. z 
 
 He is defeated by his Compel itor 4 
 He beats him again ib. 
 
 He returns ro France inftead of im- 
 proving his Viftory ib. and 5 
 annates, feveral AlFembliesof the De- 
 puties of France ac the Council a- 
 bout them. i. 488 
 
 A Decree of the King of France for 
 
 fuppreffing them 488, 490 
 
 A Scheme of the GalUcan Nation 
 
 about them 489 
 
 A Debate of the Deputies upon it 
 
 49 1 to 500 ■See Gerfin 
 
 The Meaning of Annates II. 147 
 
 Their Origin ib. 
 
 The French demand the fuppreffing 
 
 of them 14.8 
 
 They have no Privilege nor Law 
 
 for their Foundation 149, 150 
 
 The Diforders occafion'd by them 
 
 150 
 
 The Opinion of the Germans upon 
 
 it -05 
 
 A Regulation of Martin V. upon it 
 
 211 
 Annib^l (Peter) Governor of Rome^ 
 fufpedled to have betray'd that City 
 II 191, 192. 
 Is committed to the C.ilUe of St. 
 Angela, where he dies 191 
 
 Anonymous Trafl againlt the Com- 
 munion in both Kinds I. 25^ 
 Antichrijl, who he is, according to 
 Jacobel I. 275 
 
 The Pope, fo call'd by John Hus 
 
 441, 44s 
 Anatomy of Antichrift ib. 
 
 Antichrtftianity, Popes tax'd with it 
 
 II. 515 
 Antioch (John the Patriarch) pleads for 
 the Superiority of the Pope over 
 the Council I. 200 
 
 HfS Apology 2ot 
 
 His Retinue at Conflance II. 592. 
 Anti-popes, their FaSions I z 
 
 Antony (St.) one of the firft Inftitutors 
 of the Monaftick Order II. -^6^ 
 Antony (an Abbey of Hermits of St. 
 Attjiin) Hughde CaJIrathe Abbat's 
 Attendance at the Council of Cff«- 
 Jlance 11. 41 E 
 
 Vifitatioa of it by Sigifmondiiad Mar- 
 tin V. ib. 
 Aojla in Piedmont (Oger de Canjletl» 
 Bifliop of) his Atteudance at the 
 Council II. 40S
 
 T A B li O/* C N T E N T s' 
 
 'Jojla created BIfhop of Maurlsnne in 
 Savoj II. 408 
 
 Jfofliks (Letters dimiflbry) what they 
 mean ' 1-3 59 
 
 Appeals (from the Court of Rome) the 
 Sentiments of the Germans upon 
 that Head II . 105, 204. See Ger- 
 : fon, Martin V. 
 jiquileja. See Dekk. 
 Aret'in (Leonard^ Secretary of John 
 XXIII.) hisTeftimony concern- 
 ing Chryfolorus I. 7 
 "His Difcourfe to Martin in favour 
 of the Florentines II. 284 
 His Letters. See the Preface to the 
 new Edition xxKix, xl, J^'r. 
 MeZZQ (Francis Peter de RagazzHs 
 Bifhop of) his Attendance at the 
 Council 11.405 
 His Charaaer ib- 
 Arleberg (a Mountain of Tirol) upon 
 which John XXIII. is overturn'd 
 •^ I. 18 
 Armagnac {Bernard Count de) a Pro- 
 tefl againft him at the Council 
 
 II. 82. 
 
 Hiftory and CharaScr of that Con- 
 
 ftable oi France ib- 8?, 84 
 
 He will not confent to the Treaty 
 
 oi Montereau 2545 -^^ 
 
 He is murder'd ^87 
 
 Arragon {Martin King of) declares 
 
 for Benedict XIII. I- P<J 
 
 Arragonefe Ambafladors Arrival at the 
 
 Council I. 5^4, <Jo8 
 
 Their Difputes with the Englip 
 
 Their Proteft upon the Claufe du- 
 ring the Vacancy of the Apojlolical 
 See If. 41 
 
 Arras See Martin Porree 
 
 Arrival of feveral Prelates at Con- 
 jlance I 70 
 
 Articles imputed to Wichliff h^ mnft 
 not be fuppofed to have believed 
 them, all, becaufe his Judges laid lb 
 
 I 251 
 
 Artmdel {Thomas Archbifliop of C<in- 
 
 terbttry) prohibits the Sale of U "ick- 
 
 /(^'s Books 1.215 
 
 His ill Reception at Oir/er^ aiff 
 AU'aJJinatiun of fome of the IVIembers 
 of the Council at Lorrain I. 458 
 Of a Prieft at CflK/7rt»fe 521 
 
 Of the Prior of the BenediBines of 
 Lttcern II. 194 
 
 Panllhment of the AfTaflln 'b. 
 
 Whether the Corpfe bled when the 
 Murderer was at hand ib. 
 
 AJfemblies of the Do6Iors concerning 
 the Order of the Council 1- ^6 
 
 AJl {Men Bifhop of) taken Prifoner 
 by the Count de Veroue II- 5<J 
 
 AJl (Biftoprick in the Milanefe, Albert 
 Bifhop) his Attendants at the Coun- 
 cil II. 404 
 His Quarrel with the Duke of Mi- 
 lan ib. 
 His Generofity ib. 
 Attrition, the Opinion of the Fathers 
 of the Council concerning a Sinner 
 in that State I. 29 
 Auditors of the Rota. A Rule of the 
 Reforming College about them II. 
 
 545, 54<^ 
 
 Their Number and Retinue at the 
 
 Council 41? 
 
 Ai:ditors of the Counter-Picas of the 
 
 Rota II. 34<f 
 
 At'.ditors of the Chamber ib. 
 
 Angsbourg {Frederick de Graf nee Bifhop 
 
 of) his Suit of Law for that See 
 
 II. 599 
 
 Whether he was ever Bilhop of 
 
 Brandcbourg 400 
 
 Auguftus Emperor, his Honours tranf- 
 
 ferr'd to St. Peter II. 329 
 
 Augujlin (St.) damn'dfor having inlti- 
 
 tuted Orders and polTefTed tllates 
 
 I. 2*9 
 This Article of Wicklijf condemn'd 
 
 ih. 
 
 His Do£Irine about Predeftination 
 
 5^5, 3-;^'. And the Church 531$ 
 
 His \V"orks cnrtaii'd by the Dodors 
 
 of ConlaKce ;(J8 
 
 Avignon (City) the Refidencc or the 
 
 Popes I. 2 
 
 The See of Rome transf^rr'd hither 
 
 II. 349 
 
 The
 
 Table <?/ C o n t e n t s. 
 
 The Auditor of the Chamber fup- 
 
 prcfs'd here ib. 
 
 Aitrcliayi the firft Emperor that wore 
 
 the Diadem II. aoi 
 
 Aiijlria (^Frederick Duke of) Jof^t 
 
 XXIII. makes him General of 
 
 the Troops of the Church of Rome 
 
 I. 17 
 
 He favours that Pope's Efcape 127 
 
 Follows him in his Flight 119 
 
 He is fummon'd before the Empe- 
 ror and Council 1 38 See Sigif- 
 mond Emperor 
 
 Many of the Ecclefiaftical Lords 
 declare againft him 177 
 
 Sevefal Places are taken from him 
 
 178 
 
 His Peace mediated hy Lewis o( Ba- 
 varia of higoldjladt 20+ 
 
 His Reconciliation with the Empe- 
 peror 14^, 244, 24^ 
 
 His Crimes laid before the Council 
 by Sigifynond 245 
 
 He is introduced to the Council by 
 the Burgrave of Nuremberg and 
 Lewis of Bavaria ib. 
 
 The Burgrave intercedes for him ih. 
 
 He kneels before the Emperor and 
 receives his Pardon 244 
 
 Aft of his Submiffion ib. 
 
 He accufes himfelf of a Csmfpiracy 
 
 againft the Life of the Emperor 
 
 58;, 584 
 
 The Monitory of the Council a- 
 gainft him 515 
 
 He leaves Conflancc a fecond Time 
 I. 5<f8, II. 3 5 
 
 He is again cited II. 55 
 
 Declared a Rebel 40 
 
 Affemblics of the Princes againll 
 him 21^, 217 
 
 His VafTals conftrain'd to do Ho- 
 mage to the Emperor ib. 
 
 He makes his Peace 258 
 
 But recover'd his Dominions only 
 by piecemeal 259 
 
 He plots againft the Life of the Em- 
 peror 2<{0 
 
 His Arrival at Conflance with 5.-50 
 Perfons 414 
 
 Auflria {Erneft Duke of) feizes Tirol 
 fur his own, on pretence of keep- 
 ing it for his Brother Frederick, 
 
 I. 24(5 
 
 Aymon (john') his Pidure of the Court 
 
 of Rome. See Prot/jonetaries, Abhre- 
 
 z'ialors, Corredors of the jipoJioUcal 
 
 Letters 
 Azincourt Battle won by the Engltjh 
 
 i- 554 
 
 B 
 
 f>ADEN {Bitrchard Marquis ^f> 
 •^ is corrupted by '^abn XXIII 
 
 I. 18 
 
 Balhinus Bohtiflatis his Opinion upon 
 
 the Letters of the Emperor Sigif- 
 
 mand to the Bohemians II. 115 
 
 Bamberg {^Albert Count de Wertheim 
 
 Billiop of) his Attendance at the 
 
 Council II. 408 
 
 Baadello de Baadeliis, Cardinal, dv'd 
 
 before the Eledion of Martin V. 
 
 II. 160 
 
 Banditti (Robbers or Highwaymen) 
 
 ravage Bohemia II. 107 
 
 Bants Abbey, in the Diocefe ofU'urtz- 
 
 b'jurg (Eberhardt de Chaumherg 
 
 the AbbatJ his Attendance at the 
 
 Council II. 411 
 
 The Foundation of the faid Abbey 
 
 ib. 
 Baptifm (Form of ) a Refledlion upon 
 it II. 195, i9(J 
 
 May be adminiller'd in a Cafe of 
 Neceffity, either by Jews or Pa- 
 gans 1 97 
 Baptijl (Jehn) typically £/»<z;, and 3'6/5'» 
 Ba*>tifl perfonally I- i?7 
 Bar (Lewis de) Cardinal, was not ^c 
 the EleSion of Martin V. 11." 
 
 His Negotiations ib. 
 
 Barba ("Wife to Sigifmond) her Ch.i- 
 
 radcr I. 77 
 
 Bafil.^ Citizens refufc to accept of the 
 
 Duke of Aujirias^s Land:, tor a 
 
 Mortgage II. 217 
 
 Hhhh 
 
 They
 
 T A B L E of Content s. 
 
 They compound with the Empe- 
 ror for a Sum of Money 118 
 "Bafil (Bifliop of) Imbert de Novo Caf- 
 tro his Attendance at the Council 
 
 II. 408 
 He is not mention'd in the Eccleli- 
 aftical State of Germany tb. 
 
 Bafnasre (James) his Hillory of the 
 jews If., 388 
 
 Bajlerds of Priefts excluded from Be- 
 nefices II. 350 
 An Exception from that Rule tb. 
 Bjivaria (Lewis of, Elcdor Falatiu) 
 nominated King of the Romins 
 by the Ele£tor of Treves I. 5 
 He was of Gregory Xllth's Obedi- 
 ence 100 
 Hi» Anfwer to that Pope's Letter 
 
 lOl 
 
 His Entry into Con^aace with his 
 
 Brother Otho, ».ndi a great Retinue 
 
 I. 102, II. 415 
 
 He is charg'd by the Emperor with 
 the Cuftody of Joh» XXIII. 
 
 I. 51 1 
 
 yohn Hus deliver'd into his Cuftody 
 after being degraded 417, 418 
 
 He accompanies him to the Place of 
 Execution 418 
 
 The Saying of Otho-Henry Eleftor 
 Palatia upon it ib. 
 
 Another Saying of another Ele6tor 
 Palati>i upon the fame ib. 
 
 He is made Proteftor of the Coun- 
 cil in the Abfence of the Empe- 
 ror A^/Jwo^i I. 47*, n. 54 
 
 His Broils with the Emperor 185,219 
 
 John XXIII. is difcharged out of 
 his Cuftody i5>8 
 
 Bavarid (Lewis of Ingold/ladt, Ambaf- 
 fador from Charles VI.) his Arri- 
 val at CoMJlance with a numerous 
 Retinue I- n 5, H- 4^4 
 
 He is accufed of defaming the Duke 
 of Eurgiindy I. 582, 385 
 
 He vindicates himfelf 383, 384. 
 
 He implores the Aliiftanceof Mar- 
 
 ti/i V, againft Henry de Landjhut 
 
 11. 175, 193 
 
 His Charadlci. 117, 414 
 
 His Law-fuit with Henry de Land- 
 fljut 117, I 18 
 
 His^ irreverent Behaviour to the Em- 
 peror n. 118, 140, 141 
 
 The Emperor takes the Ducal Cap 
 from him 459 
 
 Lewis fills BavariaW\i\\. Maffacres 
 
 2P2 
 
 Bavaria (John Duke of. Prince de 
 
 Sultzbach) fends back 'Jerome of 
 
 hraguc to Conjiance I. 204 
 
 Bavaria (Henry Duke de Landput) 
 
 is infulted by Lewis of In^eljiadt 
 
 II. 141 
 He wounds Lewis mortally ib. 
 His Arrival azConj'iancewkh a great 
 Retinue 414 
 
 Bavaria (14'illiatn oi ) his Anival ac 
 Conjlance with a great Retinue ib. 
 His Charader ib. 
 
 Bavaria (John Duke of, Bifhop of 
 Liege) See Liege 
 
 Bayonne (an Epifcopal City) a Com- 
 petition for that See II. 405 
 Beaufort (Henry., Bifhop of Winchef- 
 ter. Uncle to the King of Eng- 
 land) his Invitation to the Coun- 
 cil by the Emperor II. 143 
 His Arrival there, in the Habit of a 
 Pilgrim ib. 
 His Negociation at the Council ib. 
 Particulars of his Hiftory tb. 
 Whether he was made a Cardinal 
 by Martin V. 1 98 
 His Legateiliip to Ireland contefted 
 
 ib. 
 Beauneveu (M^'illiam de) a DoSor of 
 Paris nominated on the part of, 
 France, in the Atfair of Juhn Petit 
 
 I. 378 
 
 Begard, the Chief of that SeS, calls 
 
 himfelf the Prophet £//^/ 11. 50, 9* 
 
 He is burnt at Erford ib. 
 
 Begards, what fort of People they 
 
 were 90, 91 
 
 They are fufpefled at the Council 
 
 Beguwes fufpefled alfo at the Council ib 
 
 Beheaded, three Men executed at 
 
 Prague for HuJJltifm I. 354 
 
 BenediS
 
 Table ^/Contents". 
 
 Boicd'ul XII. (Pope) his Dlvifion of 
 Chrifleyidtm II. 4^ 
 
 The Reafons for it 50 
 
 BenedUt XIII. (Pope) keeps up the 
 Divilion in Spain I. a 
 
 He lucceeds Clement VII. ib. 
 
 His Obedience ib. 
 
 His Hillory and Charafter I. p4, 95 
 Arrival of his Legates at the Coun- 
 cil ^'i 
 Their Propofitions ^')^ 100 
 His Profecution ^24, 625 
 He is requir'd to refigii 408 
 His clandelline Retreat from Ver- 
 fignan 505 
 His enfnaring Propofitions to Sug'f- 
 rnond ib. 
 His Return to Perpiguan ib. 518, 
 
 539 
 He refufes to refign, and fecretes 
 himfelf 540 
 
 He is befieged at ColUourt ib. 
 
 He retires to Penifcola., where he 
 makes his Apology 541, 542 
 He is abandon'd by his Cardinals 
 
 I. 543, II. 215, zi6 
 
 He excommunicates the King of 
 
 Arragon I. 5 53 
 
 Information drawn up againft him 
 
 at the Council 625, (J2(J, ^27 
 
 He is fummon'd to the Council 
 
 (J30 
 
 He is abandon'd by Caflillc, Arragon., 
 
 and Scotland II. (J 
 
 He is fummon'd by the Deputies of 
 
 the Council <)7 
 
 His Difcourfe to the Deputies of 
 
 the Council 7 
 
 The Bull of his Citation 4^, 47 
 
 He is fummon'd again and again 77 
 
 He is depos'd 99, 100 
 
 Benedid (St.) damn'd for indituting 
 
 Orders and holding Livings 1. 
 
 250 
 This Article of ^'/V^//^condemn'd 
 
 tb. 
 
 His Rule II.5<J, 5 7 
 
 'henediil (Abbat of Anhne') Author of 
 
 the Monaftick Code '1-57 
 
 BenediHines (Black Monks) an AlTem- 
 
 bly of their Chapter during the 
 
 Council II. 36, 58 
 
 Their Origin 58 
 
 Their Ufurpations an4 irregular 
 
 Lives 37, 38 
 
 The Reformation of their Order 
 
 by a Monk 39, See RheiKfljaufen 
 Two Benedidines fent to Benedid 
 
 XIII. 44 
 
 Their Letter to the Cardinal de Vi- 
 
 viers^ concerning their Negocia- 
 
 tion ib. 
 
 Call'd by Benedid the Ravens of 
 
 the Council 48 
 
 Their Reply to that Sarcafm ib. 
 Their Return to the Council ib. 
 A Chapter of Benedidines mMents: 
 
 api 
 
 Benefices (Ecclefiaftical) the Sentiment 
 
 of the Germans about the Collation 
 
 of them II. ao2, 205 
 
 They ought to be conferr'd by the 
 
 Ordinaries 
 
 315, 315 
 
 Beneficers (incompatible) "M.ntin Vth's 
 Regulation about them II. 214 
 Plurality of Benefices prohibited 
 
 558, 539 
 Bcrengarius (Dr.) his Recantation was 
 
 forc'd 
 
 1.235 
 
 Berg {irHliain Duke of) his Eledion 
 
 to the See of Paderbern, tho' he 
 
 could fcarce read I- 53' 
 
 His Preferment to the Archbilhop- 
 
 rick of Cologn by Gregory X 1 1, ib. 
 
 and 6z9 
 
 His Refignation of that Benefice to 
 
 his Competitor, and his Marriage 
 
 53* 
 
 Berlin, the Execution of 38 Jews 
 
 there for having Itabb'd a confecra- 
 
 ted Wafer II. 587 
 
 Bernard (St.) his Charafler of a true 
 
 Pope I. 8r 
 
 He is damn'd for having inftituted 
 
 Orders, and for holding Livings 
 
 230 
 This Article oHVickHff conAcmn'A 
 
 ib. 
 . His bold Speech to Pope r»;e>t.- 
 
 H h h h $, Bernard
 
 Table o/* Contents. 
 
 Bernard (St.) his CharaSers of the 
 
 Monks 11- 3<5^5 
 
 BerfiardiH (of Sienfia of the Order of 
 
 Minor Friers) a famous Preacher 
 
 11.282 
 He preaches agiinfl Mainfred ib. 
 He caufes the PiSure of Jefus Chrill 
 to be carry'd in Procefllons ib. 
 He inrtitutes the Diftin£tion between 
 the Minor Friers in Monaftries, 
 and the Obfervantims 283 
 
 He forbids Gaining with Cards and 
 Dice ib. 
 
 Befaucon (Bifhop of J See Rotigemont 
 Bethlehem Chappel at Prague., John 
 Uus preaches there I. 2 5 
 
 Other Httjfites preach'd there after- 
 wards II. "Ji 
 ^ohn Hus and 'Jerome of Prngiie^xz 
 there declar'd Martyrs I. 50^ 
 TBethfaida (Bartholomew Count of ) a 
 Mahometan, his Converfion II. 
 
 xiS 
 
 Birth-Dzy of our Saviour, the Date 
 
 of it 11.378 
 
 Bijjops, CharaSer of the ancient ones 
 
 1. 109, no 
 They have a Right to condemn He- 
 refies in their Diocefes 480 
 
 ^ijhofs ^titular) the Number of them 
 at Coxjiance II. 399 
 
 F{//ex//7(r Year, what it is H- 37<S 
 
 Blafphemies in the Dodrine of the 
 Church of Rome, concerning the 
 Eucharift I. 257, 238 
 
 Sody, this is my Body, Wickliff's Con- 
 futation of the Senfe put on thofe 
 Words by the Church of Rome 
 
 1. 27,6 
 
 'Bohemia, the State of it at the Time of 
 
 the Council of C£)a/?<j«fe I. i 
 
 The Grandees write to the Emperor 
 
 for the Liberty of John Hus 89, 
 
 90 
 They complain of the Violation of 
 his Safe-Condu£t 297, 298 
 
 And of his Imprifonment 519, 320 
 They juflify hfm ib. ^06 to 509 
 The Troubles in Bohemia on Ac- 
 count of the Execution of Jnha 
 
 Hus and Jerome of Prague I. 50S- 
 II. 58 to 65, 107 
 The Grandees AS of Union 1. 509 
 Boher/iicvss, the generality of them cm- 
 brace Hujjltifm after the With- 
 drawing of the Germans I. 3a 
 They are fummoa'd to the Council 
 
 II. 107 
 
 They refufeto come ib. and 250 
 
 Articles drawn up by the Council 
 
 againft them 230 
 
 Bologna (i. City in the Territories of the 
 
 Church) recovers its Liberty I. 
 
 553 
 Shakes off the Yoke of the See of 
 
 Rome II. 280 
 
 Returns to the Obedience of that 
 See ,y 284, 
 
 Boniface fthe Martyr) his Saying, that 
 tho' the Pope fhould fend Men in 
 Shoals to Hell, none but God cou'd 
 call him to an Account 1. 101 
 
 Boniface VIII. (Pope) his Order to the 
 Nuns to keep ftridtly to their Cloi- 
 fters 11.370 
 
 Boniface XI. Pope, SuccefTor to Ur- 
 ban VI. I. z 
 He fides with Laudijlttus King of 
 Naples 27 
 The firft Eftabliiher of the Annates 
 
 II. 147,30a 
 And of Simony 5 50 
 
 His Charaftet ib. 
 
 Bofnia {Elizabeth, Queen of) her Ar- 
 rival at Conflunce with the Emperor 
 
 1-77 
 
 Bofon (King o( dries') See Burgundy 
 Boucicaut (iVlarfhal of France) belieges 
 Benedi^ XIII. in AvigKon I. gS 
 
 Bourb$n {James de Count dc la Marche) 
 marries Joan of Naples I. 1 1 
 
 Sends his Ambailadors to the Coun- 
 cil II, I a 
 His Wife commits him to Prifon 
 
 U. i9i 
 
 She promifes to fet him at Liberty 
 
 ib. and 285 
 
 He turns Monk and dies ib. 
 
 Botirdeanx (Archbifhop of ) forbids the 
 
 Admiflion of the Clergy that were 
 
 Quaef-
 
 Table c/ Contents. 
 
 Quxilors or Colledors of Alms 
 
 II. 385 
 
 Brabant {"iohn Duke of) See Huinault 
 
 Braccio (an Italian General) takes Pof- 
 
 feflion of Rome II. 191,192 
 
 Braccio (de Perufa') a General of 'iahn 
 
 XXIII, protccls him after he w.is 
 
 depos'd II. 284. 
 
 Is excommunicated by Martin V. 
 
 ib. 
 
 And excommunicates that Pope in 
 
 his Turn ib. 
 
 He makes his Peace ib. 
 
 Brancacio {Reyaald) Cardin.il, he dif- 
 
 miffes the Council in the Name 
 
 of Mirtin V. II. 1(^4. 
 
 His Ncgociations and^his Hiflory 
 
 ib. 
 Francacio (ThoM.is) Cardinal, Nephew 
 of'iohn XXIII, his wretched Cha- 
 rafter II. 595 
 
 Branda {de Ca/liglione) Cardinal de Pta- 
 cenza II. 594. 
 
 His Ncgociations 595 
 
 He expels the Cijlertians from the 
 Monaftery of St. ^mbrofe at Milan 
 and puts in the Carthufians ib. 
 He runs the Rifque of his Life up- 
 on that Accomit ib. 
 B,-a»debourg (Elcftorate of) how it 
 fell to the Family of the Bur- 
 graves of Niirembourg II. 61 
 The Troubles of that Eleftorate 
 
 70, 75, 74 
 Brandebonrg. See Aiigsbourg, Nurem- 
 berg, Des Vignoles 
 Bread. See Accidents, iVafsr 
 Brefcia {Bartholomew de,an Italian Dr. 
 of the Xlllth Century) oppofes 
 Tranfubftantiarion I. ^(JS 
 
 Brejlavj, the Fury of the Citizens a- 
 gainft their Magiftrates IF. 292, 295 
 Bridget ("a Swedtjh St.J her Canonifa- 
 tion at the Council I. \o6 
 
 Her Inllitute, and Ceremonies of 
 her Canonifation ib. 107 
 
 Britip ("Nation and Church) the Ex- 
 tent of both II. 53, 51 
 Brixcn in Tirol (Ulric Bifhop of) his 
 Attendance at the Council 11. 375 
 
 Brada (Andrew de, a Bohemian Doc- 
 tor) his Trad againft Jacnbel I. 
 
 His Depofition againft John Hus 325 
 Brogni {'John de. Cardinal de Viviers^ 
 prefides generally at the Council 
 oi Con [lance I. 14 185 
 
 His Hiftory and CharaSer i 5 
 
 His Entry into Conjlance 16 
 
 Brumbach Abbey in the Diocefe of 
 Wirtzbourg {~john Abbat of) his At- 
 tendance at the Council 11.412 
 Brunfcvick (Dukes of) were of the 
 Obedience of Gregory XII. I. 61 y 
 Briinfwick {Henry Duke of) his fliort 
 Hiftory I. 6i9 
 
 He falls fick at the Council and 
 dies going home ib. . 
 
 Brunfvjick {Redolph AuguJlasDukeof) 
 he caufes the A61s of the Council of 
 Conjlance to be colkfled and printed-. 
 See the Preface to the tirft Edition 
 Sea. XVIII, ^c. 
 Briinfwick (Library of) See the Pre- 
 face Sea. XX. 
 Biid/i ("Council of) forbids the admit- 
 ting of the Qusftors or Clergy that 
 colleaed Alms II. 385 
 Bulls Apoftolical, Remarks on the 
 Seal of them II. 318 
 Bulls of the Council againft Robbers 
 and AffaiTins 1. 427, 458 
 Bulls in Favour o? Gregory X.\\. I. 4(Jo 
 Bulls for the Safety of ■S'-g-z/^Ko^J'sJour- 
 iiey 1. 450, 4(S-i 
 Burgundy {John Duke of J accus'd of 
 thwarting the Proceedings of the 
 Council of Conjlance I. 17 
 And of favouring the Efcape of lahit 
 XXIII 205 
 He makes his Apology;^. 579, ^s'r. 
 Caufes the Duke of Orleans to be 
 afTalTinated 572. 
 Is declar'd an Enemy to the Go- 
 vernment 37^. 
 Makes his Peace ib. 
 Returns to France ib. 
 His Letter to the Council to clear 
 himfelf 379,381 
 
 He-
 
 Table <?/ Contents. 
 
 He makes an Apology indircQly for 
 
 lohn Petit 581 
 
 Another of his Letters ib. 
 
 He vindicates himfelf from the 
 
 Charge of having confpir'd a- 
 
 gaiiill the Emperor 58-5 583 
 
 His Tyranny over the Parliament 
 
 and the Univerfity of Paris II. 
 
 188,289 
 
 Burguttdy CKingdomof) reflor'd to the 
 
 Emperor hy Bofo» King oi ArUs II. 
 
 aoi 
 
 The Rights of the Emperor to B»r- 
 
 gundy ib. 
 
 .Bursfeld (St. T'homas de) an Abbey of 
 
 Beuedidiyies in the Diocefe oi Mentz 
 
 was a Model to feveral others II. 4» 
 
 C 
 
 .ILENDAR the Errors that 
 have crept into it H. 3 74 
 
 A Propofition in the Council for re- 
 forming it 57 c, 380 
 Reviv'd at the Council of Bafil 381 
 Not determiu'd at the Council of 
 T'rent ib. 
 Reformation of it by Gregory XIII. 
 
 lb. 
 Calixtins, the Hujfites fo call'd, be- 
 caufe they gave the Cup to the Lai- 
 ty II. 240 
 Camhray {John Liherken Bifliop of) his 
 Attendance at the Council II. 408 
 Camerino (BerirafidVtinct: of, mLom- 
 bardy') his Arrival at the Council 
 
 11.253 
 Camitifatiofi. See Bridget. 
 
 Camnifation of Saints, founded on 
 Concupifcence and Ignorance I. 
 
 234- 
 
 CommilTioners appointed for the 
 
 Canoni7.ing of fome Saints ^69 
 
 Ctinons (Apoftolical) that condemn Si- 
 mony II. 349 
 
 Camus (fccular and regular) their In- 
 ftitution II. 3<Ji 
 
 Canons (fecular) their Irregularities ib. 
 They are Council to the Bidiops ib. 
 A R«gulatiou of the Reforming 
 
 College concerning them ib. 
 Canons ( Prebendary and Capitular ) 
 the Dillindiju explain'd II. 352 
 Citnterbury., See IJl'p, Langhant, Sud- 
 bury, Arundel 
 Capraria, a City of Italy where are 
 many Monks II. 35 
 
 Capua (Philip deBarelle) Archbifhop of, 
 his Attendance at the Council II. 
 
 398 
 
 Cardinal (John, a Htijfite, Dodor of 
 
 Bohemia) confounded by millake 
 
 with the Cardinal >/6» de Brogni 
 
 I. 550, 5(fi 
 
 While Redor of the Univerlity of 
 
 Prague, he forms the Decree for 
 
 Communion in both Kinds II. 59 
 
 Cardinals, how long they have had the 
 
 fole Right of chufing the Popes 
 
 I. 6 
 Several Memorials of the Cardinals 
 concerning the Union and Re- 
 formation of the Church 70, 71 
 They were always fufpefted at the 
 Council 147, 148 to 150 
 
 Their Propofitions in favour of 
 Dohn XXIII. after his Efcape L 
 
 M3 
 
 More Propofitions of theirs in fa- 
 vour of the Pope kJj, 165 
 
 A Propofal to exclude them from 
 the Airembiies that met about the 
 AftkirsofJc-y&^XXill 189,190 
 
 They give in a Memorial againll it 
 
 _ , ^^^^ ^^^ 
 
 Their Manner of voting in the Na- 
 tional Aflemblies 207 
 
 Their EleSion of the Pope call'd 
 an Invention of the Devil 230 
 
 This Article of U^ickliffe condemn'd 
 
 ib. 
 
 A Reflsdion on them to their Dlf- 
 advantage 294. 
 
 Their Depofition againft John 
 XXIII. 297 
 
 They concert Meafures for the Em- 
 peror's Journey 305, ^06 
 
 Their Demand that fome of their 
 College may be deputed to ac- 
 company him 505 
 3 The
 
 Table c/ Contents. 
 
 The Signification of their Red-Hat 
 
 II. 16 
 Their fruitlefs Demind of a Sate- 
 Condudl to retire from the Coun- 
 cil ih. 
 They have no Power to dilTolve the 
 Council ilf. 
 Their frequent Meetings for the 
 Choice of a Pope 78 
 They difpute the Emperor's Prero- 
 gative to prefcribe in Affairs Ec- 
 clefiaaical 85, 8(J 
 They ftrenuoufly prefs for the Elec- 
 tion of a Pope 125, 1x6 
 They maintain that a Pope isfubjeik 
 to no Prefcription 141 
 Whether they ought to have a Hand 
 in the Choice of a Pope 144, 
 They oppofe the fupprelling of the 
 Annates 147, 148 
 A Proteft of the French againft their 
 Oppolition 148, 1 55 
 Cardinals are not thePope's Coadjutors 
 
 U. 151 
 Their Origin and firft State :b. 
 
 Their unjull Contempt for Bilhops 
 and other Prelates 152 
 
 How many Churches they polTefs in 
 France ib. 
 
 They ftir up the Romidi Clergy a- 
 gainft the Frf«fA 155 
 
 'Tis not ellential that the Pope 
 Ihould be chofe out of their Col- 
 lege 1(^3 
 What ought to be their Number, 
 Qualification and Charadler 202, 
 
 209 
 There (liou'd be fomc of every Na- 
 tion ib. 
 And but one of any one Religious 
 Order ih. 
 They ought not to hold Benefices 
 in Commcndam 321 
 Cards (Game) fee Bemardin 
 Caroline ( Bull or Conftitution ) of 
 Charles IV. Emperor, in favour 
 of the Clergy I. 511J 
 Confirm'd by the Council of Coh- 
 jiance 5 I 7 
 Another for {he Immunities of the 
 
 Clergy, confirm'd by the fame 
 Council 11. 5tf 
 
 Carthnfians have Leave to enter into 
 other Orders II. i6i 
 
 Cafes in which none but the Pope can 
 grant Abfolution I 264 
 
 The Sentiments of the Germans up- 
 on that Head II. 204 
 Cafes in which a Pope may be depos'd 
 
 II. 20(>, ^o^ 
 
 The Silence of Martin V. upon that 
 
 Head 21a- 
 
 Cafes (referv'd to the Pope and Bi- 
 
 fliops). A Regulation of the Re- 
 
 forming College upon that Head 
 
 n. 342, 345 
 Gerfon's Sentiment upon it 542 
 Regulation of the Council oi Trent 
 about it 343 
 
 Cajfia (Simeon de) an Italian Do61or of 
 the XlVth Century, quoted by 
 'John Hus, to prove the Sovereign 
 Authority of Jefus Chrift I. 367 
 Cajltlle (Ambafladors of) their Arrival 
 at the Council II. <>5 
 
 Demand feme Points to be explain'd 
 before they can unite to the Coun- 
 cil <J4, «5 
 They under-hand abet BenedlS 80 
 Cajlllllans entire Union with the 
 Council II. 81 
 They fummon Che Council of Con- 
 fiance I. (J23, 11. 8j 
 Crt?^if/'/W (St.) her Legend I. 272, 
 Cauchon {Peter') DoQor of Laws and 
 Deputy from the Duke of Burgundy 
 in the Affair of "John Petit I. 3 7!^ 
 Caufes (referable to the Court oi Rome) 
 Opinion of the Germans there- 
 upon II. 203, 204. 
 Regulations of Martin V. about 
 them 211 
 Caufes (major) v/hat they arc !I. 248, 
 
 251 
 
 Caufes (Matrimonial) belonging to the 
 
 Ecclefiaftical Tribunal II. 575 
 
 Cattjis (^Alichiiel de) Parfon at Prague 
 
 and Enemy to John Hiis, his Hi- 
 
 ftory and Charader I. 57, 58. 
 
 See Paleiz 
 
 Caufts
 
 Table 0/ C o n t e n t s. 
 
 Catifts delivers in eight Articles agalnft 
 30,6a Hus, and Ibllicits hard for 
 his Execution 6\ 
 
 His unfair Proceedings in the Exa- 
 mination of Job-ft Has 523 
 CekJliK 111 Pope, orders the Revifal of 
 the Canon of the Mafs II. 582 
 Ceremomes of the publick Seffions I. 
 
 49, 5a 
 
 Ceres (a Pagan Deity) her Honours 
 
 trausferr'd to the Virgin Mary II. 
 
 Cef^r C^hUus') reforms the Calendar 
 
 378- 
 Inventor of the Golden Number 
 
 ib. 
 Cejfioft (of the Pontificate) when it be- 
 gan to be debated I. 47 
 The firll Form of 'John XXIIId's 
 Cefljon rejefted ir?, 114 
 The fecond the fame 1 14, 1 1 5 
 The third he reje£ts >b. 
 The fourth he pretends he will ac- 
 cept ib. 
 Ceiifa (a Town in Africa) taken from 
 the Moors by the Peri/iguefe I. do 5 
 
 II. 224 
 
 Chairs made ufe of at the Confecration 
 
 of the Pope II. 178, 179, 180 
 
 Chair fof Marble II. 1-8.) Another 
 
 call'd Stercoraria ib. 
 
 All theLc Chaiis abolifh'd by Leo X. 
 
 ib. 
 
 Chalant {Anthony de') Cardinal, feiu 
 
 by John XXIII. to Sigifmond 1. 7 
 
 Chamber (Apo(lolical). See France 
 
 h only receives for vacant Beuefices 
 
 II. 152 
 But little from />rt/y ib. 
 
 GMftccry^ Regulation of the Roman 
 Chancery, the Source of Simony, 
 and the Ufurpations of the Popes 
 II. 189 
 Regulation of the Reforming Col- 
 lege about the OtRcers of the Ro- 
 mip Chancery 344, y<r. 
 
 Chaplains Honorary II. 210 
 
 Chaplains Domeftick and Honorary II. 
 
 347 
 tha^ters (of Canons) to them it be- 
 
 longs to chufe a Bi/hop II. ;(5'i, 
 
 5;(55 
 Charges (Ecclefiaftical). A Regulation 
 of the Reforming College about 
 them II, 555 
 
 Charles \' I. (King of France') his Sick- 
 nefs 1-371 
 
 He alfembles a Council at Pans in 
 the Affair of 'John Petit 578 
 
 He prelTes this Affair at the Council 
 of dnftance 558 
 
 He forbids the carrying of any Mo- 
 ney to Rome II, 147 
 Charles VII. (King of fr«»rf) he pafles 
 an Edi£t contrary to the Liberties of 
 of the Gfl/Z/V^^ Church II. 271 
 Chartres (in Beauffe) Peace patch'd up 
 there betwixt the Duke of Burgun- 
 dy and the Y-AmWy oi Orleans I. 375 
 Chat fliers, an Abbey of the Cijiertian 
 Order, in the Diocefe of Poidiers^ 
 (Francis Abbat of) his Attendance 
 at the Council II. 41 1 
 Chefs, the Repentance of John Hits for 
 the Time he fpent in that Game I. 
 
 40 
 
 Ch'.chley, Henry, Archbiftiop of Cunter- 
 
 bury, defends the Liberties of the 
 
 Gallican Church againft 'Martin V. 
 
 II. 290, 291 
 
 Chlnm {'John Count de) a Bohemian^ 
 
 accompanies John Hus to and at 
 
 Can fiance J. 21 
 
 His Afteftion to John Hus 59 
 
 He goes with him to the Congrega- 
 
 ."tiou of Cardinals, to which he was 
 
 fummon'd before his Appearance 
 
 at the Council ib. 
 
 He follicits the Liberty of ^o-^^ //«j 
 
 He writes to Sigifmond to obtain it 
 
 75 
 He publiflies a Manifefto againft de- 
 taining him il,. 
 He writes to him for his Opinion 
 about the Communion in both 
 Kinds ig^ 
 His Treatife upon it ^85 
 He defends 'Juhn Hus at his publick 
 Hearing 3 = 3; 3 5« 
 
 Chltim
 
 Table 0/ Contents. 
 
 He undertakes to defend him for a 
 whole Year in Bohemia, again ft 
 all the I'orces of the Empire 
 
 His Exhortation to him the laft 
 
 Time he faw him 409 
 
 Choragi, who were they II. 5<J4 
 
 Chrijlians are all authoris'd to sflemble 
 
 a Council on the failure of Popes 
 
 and Princes II- 514 
 
 Chryfolorns {Emanuel) fent by "John 
 
 XXIII. to Sigifmond. His Death 
 
 and Epitaph I. 184, 185 
 
 Chryfojlume (St.) in an imperfect Piece 
 
 which is afcrib'd to him, the He- 
 
 reticks among the Chrirtians are 
 
 compar'd to the Jewiih Dodors, 
 
 who condemn'd Jefus Chrift I. 
 
 He cenfures Simony II. 549 
 
 Church, the State of it at the Council 
 
 of Conjlance I. 2 
 
 Defcription of the Church 159, 
 
 l(JO 
 
 Its Authority, according to JacoUl 
 
 275 
 
 Its Corruption II. 299, 500, 522 
 
 Church (Catholick) reprefented by a 
 
 General Council I. 109 
 
 It may depofe even a lawful Pope 
 
 for the fake of giving Peace to 
 
 the Church il>. 
 
 Its Defcription according to Gerfon 
 
 I. 445- II- 310 
 
 According to 7'heoduric I'rie 1. 512 
 
 'Tis the only infallible Church I. 
 
 444 
 
 Ch:irch (primitive) its Difference from 
 
 the Modern Church I. 25i, 282, 
 
 285 
 
 Church (^Roman) is not the Catholick 
 
 Church 1. 195, 445, 444 
 
 But the Synagogue of Satan 229 
 
 This Article of ^'«V^//^e condemn'd 
 
 ib. 
 
 The Belief of its Sovereignty over 
 
 other Churches is not: an Article 
 
 of Faith 250 
 
 This Article of //WV/jf condemn'd 
 
 ib. 
 
 The DoSrine of this Church about 
 the Eucharift, makes God a Liar 
 
 Defcription of the Church of Rome 
 
 by Paul L anglois '^6^ 
 
 Church (of E-^gLmd) formerly, when 
 
 any Saint was invok'd in this Church 
 
 theWords were directly addrefs'd to 
 
 Jefus Chrift 
 
 1.254 
 
 Church (Greek) more ancient than the 
 Church of Rome II. 151 
 
 Cillc! {Herman Count de) the Empe- 
 ror's Father-in- Law, makes his En- 
 try into ConJIauce I. 5 7 
 Cijlertians, Abbat of, John de Mar- 
 tig-fiac. His Attendance at the 
 Council II. 412 
 An Abbey in Burgundy, its Foun- 
 dation ib. 
 Civil Affairs fettled by the Emperor 
 
 II. 55, 66 
 
 Cle-mangis {Nich. de) See the Preface. 
 
 His Letter to the Council I. 393 
 
 He is recommended by Martin V. 
 
 to the King of England II. 505 
 
 His Treatife of the Corruption of 
 
 the Church 509 
 
 He oppofes the muliiplying of the 
 
 Holidays 585 
 
 Clement III. (Pope) his Equity toward 
 
 the "^ews ' II. 5815 
 
 Clement V. (Pope) impofes the Annates 
 
 in England II. 147 
 
 See Agottt 
 
 He forbids the Mon]is to confcfs 
 
 without Leave of the Parifh 
 
 Priefts 368 
 
 His Bull againft the Jewip Ufurers 
 
 Clement VI. (Pope) his Fulmination 
 againft the Flagellants II. 89 
 
 His Quarrel with the Englijb a- 
 bout the Annates 147 
 
 His Conftitution about the Regi- 
 men of the Cardinals in the Con- 
 clave 157 
 Clement VII. a Competitor with Ur- 
 b.m\n. I. 2 
 
 His Impolitions on the Kingdom 
 of Frnnce II. 147 
 
 1 i i i Cle.
 
 T A b' l e <?/ C o n t e n t s.; 
 
 Clc-Mcntmes null and void according 
 
 to Gerfon H. 5" 
 
 Clerks {of the Apoftolical Chamber) 
 
 A Regulation of the Reforming 
 
 College about them II. 34<» 
 
 Of the Ghappel 348 
 
 Clergy. 'Tis contrary to the Infti- 
 
 tution of Jefus Chrift to enrich 
 
 the Clergy I- 118 
 
 This Article of Ulcklijf condemn'd 
 
 ibid. 
 
 Clergy. See Ecclefiajlics 
 
 Clifford {Richard) Bifliop of Lond'.H 
 
 is fent to the Council 1. 1J24 
 
 Cloyjlers. 'Tis a Sin to found them, 
 
 and a diabolical AQion to enter 
 
 into them I. 218 
 
 This Article of //■?<ri(///f condemn'd 
 
 ibii. 
 Clu»y Abbey of the Benedidins in 
 Biirgnndy {Robert de Chaudefml 
 Abbat of) his Attendance at the 
 Council II. 41 i 
 
 CschUiis (John Dr. of BreJIav/') ovvn'd 
 that the Council of Conflance pro- 
 hibited the keeping i-f Faith with 
 Herecicks I- 51^ 
 
 Cochmeijlcr {Michael) Grand Mailer 
 of the TeutoKic Order, his Let- 
 ter to the Council I. tfii 
 Code {Tbeodofian) its Laws againft 
 Vagabond Monks II. 5<4 
 Againft the j^zyj 58(1 
 Coire in the Grifofi's Country {Hart- 
 rnan Coutit de U^erdenverg Bifhop of) 
 his Attendance at the Council 
 
 IL 40d 
 CoUatiunf. See Benefices 
 Golocza {^Andrew Archbifhop of) he is 
 S-gififn»id's Commiflioner at Con- 
 Jla»ce, and gives the Oath to the 
 Maglftrates to fwear the Treaty 
 with JJ:» XXIII. I. 15 
 
 Cologne, fevcral Letters from the De- 
 puties of the Univerfity L' 130 
 Their Defcription of the Efcape of 
 >;&» XXIII. 135, 157 
 
 Murtin V. notii5es his Elcdion ro 
 tiie Univcrlity II. i8<J. 1.87 
 
 Letter from the Catdinals to taat 
 
 Univerfity, on the fame Subjea 
 
 187 
 
 Cologne (Archbifhop of) his-Conftitu- 
 
 tioii againrt the Qusflors, Clergy 
 
 who coUedcd Alms II. 385 
 
 Cohnnor {Otho de) jCardinal Deacon 
 
 chole Pope by the Name of Mar- 
 
 f V. H. i6\ 
 
 His Family ib. 
 
 Their Difputes with Boniface VIII. 
 
 r«5 
 Difference between Otho d» Colonna 
 the Cardinal, and Otho de Colonna 
 the Pope 2^7, 268 
 
 Comedy (Tacred or a moral LeSure) 
 who invented it in G^r;;2^»)' II. 25 
 Corattibus {Lucido de') Cardinal, his 
 Attendance at the Council II. 392 
 Comr/iend^.ms, what they are II. 204, 20 5 
 The Opinion of the Germans about 
 them ih. 
 
 Regulations of Martin V. concern- 
 ing them 212 
 Corijr/i'jfioners for the Affairs of Faith 
 I. 174, 389 See Faith 
 Why they are renew'd 55)0 
 Comrnijjioners for the Tryal of John 
 Hus I. 589 
 Communion (in both Kinds) •^he Ori- 
 gin of this Affair 1. 25^', ij8 
 'Tis cenfur'd in the CciuncJ 2^6 
 The Hiftory of the 'Controverfy 
 
 258, i^c. 
 The Inconveniencies of the Com- 
 munion in both Kinds 2^5 
 Thofe Inconveniences ought not 
 to hinder it 27*?, 279 
 Decifion of the DocElots of the 
 CouiKil againfi that Doflrine 
 355 tj 557 
 JacobePs Anfwer to it 3^7 
 The Council's Decree againff tie 
 Communion in both Kindi 385, 
 
 585- 
 Reflexions on the faid Decree 587, 
 
 ■588 
 
 Corri/nunion (of the Euiharift) the 
 
 Church orders it to be taken Farting 
 
 II. 1.97 
 And with Leavened Bread 198 
 
 Cc/HO,
 
 Table <?/* C o n t e n t s. 
 
 Cifno, an Epifcopal City m the Pro- 
 vince Ot' Aijuileja {Anthony Tur- 
 chox Bithop of (his Attendance at 
 the Council II. 408 
 
 He is depriv'd by the Duke of 
 Milan ib. 
 
 Reftor'd by the Council of Con- 
 fiance ib. 
 
 He retires to f^f»;Vf, and dies there ib. 
 Conception (Immaculate of the Vir- 
 gin) G^r/e«'sOpinion about it I. 6x0 
 Conceffions of certain Emperors and 
 Princes to the Popes fcign'd or ex- 
 
 torted 
 
 II. 303 
 
 Condliariter, the meaning of that 
 Word II. 2(58 
 
 Conclave^ the Order and Difpolition of 
 it II. 155, 151J 
 
 The Emperor's Edid for its Secu- 
 rity 1 5 6 
 The Regimen of the Cardinals in 
 the Conclave 157 
 The Keepers of the Conclave 1 58 
 The Opening of the Conclave \6z 
 Precautions to keep People out of 
 it ib. 
 Negotiations of the Conclave i5;, 
 
 yc. 
 
 Concordates of Martin V. with the 
 Nations II. 225, 228, 4^4. ro 485 
 Concordia., an Epifcopal City in the 
 State of I'^enice {Anth. du Font 
 Bifliop of ) his Attendance at the 
 Council II. 4o(J 
 
 Made Patriarch of Aquileja by Gre- 
 gory XII. ib. 
 Depriv'd of that Dignity by Joh» 
 XXIII. ib. 
 Made Archbidiop of Otranto at 
 Con/lance ib. 
 Concubinage of the Priefts condemn'd 
 
 If- 5^7, 3 59, 5<Jo 
 'Tis a general Diforder 329 
 
 Whether the Communion may be 
 recciv'd from thofe Priefts who 
 keep Concubines ^60 
 
 Ofliccfs of the Court of Rot-^e for- 
 bid to keep Concubines 54S 
 Confcffio/i, John Hhs belicv'd the Ne- 
 cefTity of it I. 43<) 
 
 Co:'ifirmation (a Sacrament of the 
 
 Church of Rome) refcrv'd to the 
 
 Bifhops through Ambition and 
 
 Avarice I. 22<f 
 
 This Article o? irickliff condemn'd 
 
 lb. 
 
 Confirmation (of Eledions) the fen- 
 
 timent of the Germans upon It 
 
 II. 202, 205 
 
 Congregation!, feveral held after the 
 
 Pope's Efcape I. 135 to 157 
 
 Cr/trad Archbifliop of Prague, forbids 
 
 "yohn Hus to preach there I. 57 
 
 Refufes Audience to John Hus 
 
 38 
 Afterwards juftliies him before the 
 Nobility of Bohemia 89, po 
 
 He afterwards went over to the 
 Hujfues 90, 256 
 
 He excommunicates ;?^«i^f/ 458 
 Confccration (of Holy Places) referv'd 
 to the Billiops thro' their Ambi- 
 tion and Avarice I. 22* 
 This Article of H^icUiffcondemn- 
 tied ib. 
 Confecration. See "Martin V. 
 
 Heretofore the Popes pcrform'd no 
 Funftion of the Pontificate be- 
 fore their Confecration II. 1-^ 
 Confecration (of Churchcs_j to whom 
 it appertains II. 381 
 
 Confpiracies. See Sigifmond 
 Conjlance ("an imperial Cityj pitch'd 
 upon for alTcmbliiig the Council 
 
 I 7 
 Whether there was ever any other 
 Council there before ih. 
 
 The Meaning of the Affembly cal- 
 led the Peace of Conjlmce ib. 
 Council held there under Gebbard 
 the Archbifiiop of that City 8 
 Canjlunce (Council of). See Couu' 
 cil 
 Defcription of the City I. 121? 
 
 Its wholefome Air 127 
 
 Co«_/?';'i'fc (Biilioprick of ) Otho Count 
 de Hochberg, the Bifiiop's Atten- 
 d.mce at the Council 11.402 
 
 Conflance, a Provincial Council there 
 I i i i 2 forbids
 
 Table t'/CoNTEj^TS. 
 
 forbids Fornication to the Priefts 
 
 11-359 
 Conflantm (Emperor) his Sin in endow- 
 ing the Church 1- i-8 
 This Article of M'ukUff condemn- 
 ed il>- 
 Conjlantin (the Great Emperor) the O- 
 pinion of John Hus, concerning 
 his pretended Grant !• 559 
 Gfr/ow's Opinion about it II. 31 
 'Tis fpufious 500 
 Coiiflantimfle (the fixth Council of) 
 did not make a Decree for the Com- 
 munion in one Kind only II. i9<5 
 ConftantiKople {John Patriarch of) his 
 Arrival at Cunflance and Retinue 
 
 11.591 
 Co-^JlcrKation of the Council after the 
 Efcape of John XXIII. I. 1 3 5 
 
 Coi/Jiiti'.tion. See "Martin V. 
 Several of that Pope's Conftitutions 
 IT. 249, ^51, 
 Contar'iK (John ) chofe Patriarch of 
 Ctijjlant'tiiopte \ 6o\ 
 
 C.ontraB. See Obligations. 
 Cu-ritradidion of the Fathers I. 2 79 
 Contrition neceflary for Saving Confef- 
 fion ' I. if9 
 
 This Article of WickUff condemn'd 
 
 ib. 
 Coatroverfy. See Communion 
 Co»i'*»;.f /Enormities committed there 
 
 II. 254. 
 Coranda {U^'ettcejlaus a HuJJite Prea- 
 cher') He affifts Zifca in the Pro- 
 pagation of //«^/V//>» 11.58 
 He rejcfts the Propofition of chu- 
 fing another King ■ I. <f34. 
 Corario {Angela., Cardinal). See Gre- 
 
 gory XH. 
 
 Corni'tz (Nicholas Archbifhop of, in 
 
 Hungary) His Attendance at the 
 
 Council II. 598 
 
 Gorreiior of the Apodolical Letters 
 
 II. ;4tf 
 Cofenza {Francis de Tomacelle Arch- 
 bifhop of, in the Kingdom of Na- 
 ples') his Attendance at the Council 
 
 II. 598 
 Coffa Bnhhnfar chofe Pope I. i. Sec 
 John XXIIL 
 
 Coa>/f»/ (Oecumenical) Debates whe- 
 ther ruch Council is ufeful for 
 the Union and Reformation of 
 the Church. I. 5, 7 
 
 Carry'd in the Affirmative 7 
 
 'Tis declar'd fuperior to the Pope 
 
 17a 
 
 By the Council of Vifa it 6 
 
 By the Council of Conjlance \Ti 
 
 By Gerfon II. 35 
 
 Definition of fuch Council 34 
 
 Cafes in which a Council may be 
 
 aflembled wirhout the Pope ib. 
 
 Who has the Right of calling 
 
 Councils 315 
 
 The Neceffity of frequent calling 
 
 them 327 
 
 Refleilions upon thofe Councils 
 
 389 
 
 Who have a Right to be prefenc at 
 them 34 
 
 At what Diftance of Time Gene- 
 ral Councils ought ro be alFem- 
 bled 151 
 
 Their Prerogatives and Authority 
 I. 4(53,4()4. II. 325 
 Council of Cenjlance, why the open- 
 ing of it is defer'd I. 19, 20 
 
 Again defer'd 21 
 
 Several Congregations before the 
 Pubh'ck Seffion 45 to 49 
 
 A general Calculation of the Mem- 
 bers 85^ 
 
 Continuation of it after the Pope's 
 Efcape 152, 153 
 
 The Members forbid to go away 
 without Leave 407 
 
 Silence cnjoin'dupon all the Mem- 
 bers, the Emperor not excepted, 
 while John litis is depos'd 413 
 
 A new Decree of the Council, for. 
 the Security of the Members 
 
 42 T 
 The Decree of this Council for the 
 calling of General Councils, call- 
 ed the perpetual Edidl 11.131, 
 
 13a 
 Another Decree to prevent Schifms 
 
 Another relating to the Gonfeflion 
 
 ef
 
 Table i?/" Contents. 
 
 of Faith, to be made by the Pope 
 
 The talk in Spain agaiaft this Coun- 
 cil 120 
 The Council difmifs'd i66 
 Whether this Council infring'd the 
 Temporalities of Kings 1. 4(Jo, 
 
 4.5 1 
 The Council's Letter to the Bohe- 
 mians and Moravians z^z\n^ Hus 
 and the ilujjiies j^6-, 468 
 
 Decree of the Council concerning 
 the Safe-Condu61s of Hereticks, 
 and that of Joi>r2 Hus 5 1 4 
 
 A Reficdion upon it 515 
 
 The final Conclufion of the Coun- 
 cil II. 277 
 The Judgment of the Arragone[e^ 
 'concerning this Council 28?, 
 
 28V 
 
 A Body of Canon Law by the 
 
 Council 335 
 
 Councils (Provincial) a Regulation of 
 
 the Reforming College about them 
 
 ib. 
 
 Court of Rome, See Obligation 
 
 Courteney ^Williarn Bifliop of London^ 
 
 Gregory XI- fends a Letter to him 
 
 again ft //''/V,f//jf I. 212 
 
 When he was made Archbidiop of 
 
 Canterbitry he condemns fome of 
 
 Ulckliff'% Propofitions, without 
 
 naming him. 214 
 
 Crtfrow (Univerlity of ) its Zeal for 
 
 the Union and Reformation of the 
 
 Church, and againft Hereticks I. 
 
 61% 
 Cramaud (^Simon Cardinal) his Atten- 
 dance at the Council II. ipij 
 Creith {John of Leige^ the Apoftolical 
 Abbreviator) is fufpended for Simo- 
 ny I. 683 
 Creutzlingen (a City near ConJJancc) 
 John XXIII. confers on the Abba* 
 of St. Ulric there the Privilege of 
 wealing the Mitre I. 18 
 Craazlingen (Abbey of Benedi<flins near 
 Con/lance, £^f<j/-«.' the Abbat of ) his 
 Attendance at. the Council IL 411. 
 
 I?».5« XXIII. gives him the Mitre 
 
 Cropidlo (John) Duke d'Opelen in Si' 
 lejia) he was Bifiiop in two Pla^ 
 ces in Poland II. 414 
 
 His Adventures and Attendance at 
 the Council 414, 415 
 
 Crojs (Friers) a Name given to the 
 tlagellants^ who were alfb call'd 
 Porte-Croix or Crofs-Beartrs II. 8 7 
 Croivn (Triple) of the Pope, its Ori- 
 gin II. 181 
 Cro-j,n (Imperial) the Sentiment of 
 ALneas Sylvias about it II. 201 
 Criifade (of John XXIII.) againft La~ 
 diJlaHS King of Naples I. 4, 45 8^ 
 Of Martin V. againft the Infidels 
 
 II. 224 
 
 Cuenca (^Diego de Anaya Rilliop of) 
 
 AmbafLdor from Caflille to the 
 
 Council II. 45. 
 
 His rough Treatment of an Eng- 
 
 lijh Ambaflador at the Council 
 
 (?4 
 
 Cumcc (in Campania di Roma Barthw 
 
 lomew Bidiop of) his Attendance 
 
 at the Council II. 409 
 
 'Tis now no longer a Bifhop's See 
 
 ib. 
 Curates^ or Paridi-priefts may be ad- 
 mitted to a Council I, 1 10, 1 1 r 
 
 U. 34 
 They are Prelates of the fccond Or- 
 der ib,. 
 Their Prerogatives defended by Ger- 
 fin 3(S8 
 By tlie Reforming College ih. 
 Cufi: (Nicholas de Cardinal) iiis Trea- 
 tife about the Calendar II. 581 
 Cullom. See Truth 
 Cycles propofed for regulatin? the 
 
 Vczfiof Eajicr li- ;:« 
 
 Cyprian (St.) is againft with-holding 
 tiie Cup from the Laity I. 277 
 His Enuiiieration of the Perfecu- 
 tiuas of Jelus Chrift by the Jews- 
 
 571 
 
 DA^-
 
 Table <?/ C o n t e n t s." 
 
 D 
 
 T\ACJIER (Gcbhard) his Hiaory 
 ■^ of the Council of Conjhmce Vref. 
 19, and 1. 85, 9i 
 Dalmatic^ an Ornanietit of the Dea- 
 cons when they read the Gofpel 
 at RIafs 1- 77 
 
 The Emperors perform'd the f me 
 Function, and had the lame Or- 
 nament at the MalFes of the Popes 
 or of their Legates ?/•• 
 
 Damian (Peier) a Monk, his horrid 
 Picture of the Friers II. ?<S5 
 
 Da^/'cl (Father, a Jeluit) his Juftice, 
 with regard to Sigifmond II. n 
 
 Deck (Lek'i! de. Patriarch of AqulUja') 
 his i^rrival and Attendance at Coa- 
 fiaiue 11. 199, 39i 
 
 Decree. See Comrmmton in both kinds 
 Decrees., whether they fhould be drawn 
 up in the Name of the Council or 
 of thePope I. iy8,ioi. SeeCoaw// 
 of C OK fiance. 
 Decretals ^Letters of the Popes) are 
 Apocryphal I. --9 
 
 This Article of IVhkUff condemu'd 
 
 lb. 
 Jacobel's Opinion aboiU the Decre- 
 tals 2<J9 
 Decretals (the Se.rtus) nail and void, 
 according to Gcrfo» H. 51* 
 Defiance, Cartels of Defiance between 
 the Duke of Burgundy and the 
 
 Dukes of Orlcms 
 
 I-57<y 
 
 Denmark (Bifhops ofj their Appear- 
 ance at the Council II. 402, 403 
 
 Dennis (the pretended Areopagtte') his 
 Opinion about the Authority of 
 the Fathers I- 2-79 
 
 Deputies of fccuLir Princes admitted 
 to the Council I. iii 
 
 Derfh (Eckard de Bifhop of M'ormes) 
 his Treatife concerning the Refor- 
 
 mation of the Church II. 
 
 ,31 
 
 Deferters of the Council, Penalties 
 
 "Kijoyu'd on thtm I. 174 
 
 J)evilj That God owes him Obedience.^ 
 
 an Article falfly charg'd upon 
 WnkUff I. Il8 
 
 He difowns and detefts it ai? 
 
 The lame Service m^v happen to be 
 pertorm'd to a canonis'd DeviJ, as 
 to a Sint 234 
 
 The D Jign of the Devil when he 
 
 invented tne Dodriue of Tran- 
 
 fubrtantiation 259 
 
 Dhona {Otho and Frederick Count de') 
 
 complain to the Emperor againft 
 
 William of Saxonf II. 66 
 
 Dice (Game). See Bernardin. 
 
 Games at Dice prohibited to the Of- 
 ficers of the Court of liotne II, 
 
 54« 
 Chriflmas Eve fpent in Dice-play- 
 ing, even in the Name of jefus 
 Chrift ^84 
 
 That impious PraSice feverely prs- 
 hibired ib. 
 
 Die fie (^John de., a Canon of Cologn) 
 Envoy at Con/lance for the Arch- 
 bifhoprici. ot Co/«f» II. 597 
 
 Difficulties about the calling of a Ge- 
 neral Council ^ 5> ^ 
 Digrejfiun upon thofe Words in its 
 Head and Members I. 159, l(Jo 
 Dinkelfuel ^Nicholas, a Divine of ^Z- 
 enna) one of the A'^ibaffadors of 
 Albert V. his Speech upon the Right 
 of the Emperors to call Councils I. 
 
 57 
 Dircdion of the Intention, the Ufe 
 which Gerfun mdk^s of ic II. 329 
 Difpcnfations (of the Pope) the Ger- 
 mans Opinion of them II. io6 
 Martin V"s Regulations about them 
 
 215 
 A Regulation of the Reforming 
 College upon the fame Affair 
 
 358, 539 
 Difputes of the Nations about Prece- 
 dency II. 53, 54, is-c. (J4, 78. 
 See Englijh, Fremh, Arragonefe. 
 Between Denmark and Hulflem 66 
 Between the Counts de Schwartzen- 
 hourg ill. 
 
 Between the Nations and Cardinals 
 
 78 
 3 Between
 
 Table <>/ C d n t e n t s. 
 
 Between the Arragonefe, CaJiilUtms, 
 
 and tortnguefe 
 
 y'o 
 
 Between the Piiiices of Bavaria 
 
 117, 118 
 DoSlors, Joh-a XXIII. is agaiiT(I ad- 
 mitting them to theCouncilLiio 
 They ought to be admitted ib. 
 
 They were admitted to the Council 
 of Pifa ih. 
 
 A Regulation concerning them by 
 the Reforming College II. 348 
 Bull-Do6iors rejeded i&. 
 
 Doftors, fome with more, others 
 witn lefs Attendance 413 
 
 DoSiors, the Degree formerly not ta- 
 ken I. no 
 Domi/sick (^ohn Cardinal of Ragufa) 
 he is the Chief of Gregory Xllth's 
 , EmbalT" at the Council I. loa 
 He is lent to Boher/tia and Hungary 
 to reclaim the Hujfites l\. 142 
 He animates the Emperor and Pope 
 agai.ill them ib. 
 His violent Conduft in Bo^^»;;<j 295 
 He is oblie'd to retire from thence 
 
 ih. 
 He dies in Hungary 294 
 
 Don-'t (St.) his Legend and pretended 
 Miracle I. 272 
 
 Dorrc (juhft') Do6lor of the Canon- 
 Law II. 335, and Pref. to the firjl 
 Edition 22 
 
 Drefden (^Peter de) fuppoits ''John Hus 
 at Prague^ in the Aft'air of the 
 
 three Voices 
 
 I. 
 
 He perf 'adcs Jacobel to oppofe the 
 
 with nolding the Cup from the 
 
 Laity 257,258 
 
 DkI" (li^eMceflaus de , a Bohemian 
 
 Lord) <>ccompantes 'John Has to 
 
 Cortjiance, and protects him there 
 
 I. 21, itf4, 325 
 
 Dv Pitt {Elias^ Dodor of the Sorbonne) 
 
 his Opinion concerning the Buil of 
 
 MurtmV. againft the //;/////cf II. 
 
 238, 140 
 
 Durand William (one of the School- 
 
 Divines)tiis m llical ExpLnation of 
 
 the Golden Rofe II. 244, 245 
 
 TXyl'i (^Waller, au Englijh CarmcliteJ 
 
 he preaches for Croifade againfi: 
 the Infidels II. 506 
 
 Confutes the IVickliffites ib. 
 
 His Poem againft the Schifm ib. 
 
 -pARTHQUAKE Synod, theN; 
 -*-' y;iveii to that which was he! 
 
 ;Name 
 L-ld a- 
 
 g^i'mO. PfickUff 1.214 
 
 Ecclejiajlicks ought to have no Tem- 
 poral Poifeffions I. 220 
 This Article of //^;V/(//^ condemn'd 
 
 ib. 
 He wbo excommunicates a Clergy- 
 man becaufe he hath appeal'd to 
 the King, is guilty of "Treafon 
 againrt he King 221 
 
 This Ar.icle of li'ickliff condemn'd 
 
 2Z2. 
 
 The Ecclefiafticks who read the 
 Decretals are Fools 229^^ 
 
 This Article of /F«/t/yf condemn'd 
 
 ih. 
 
 Irregularities of the Ecclefiafticks ge- 
 nerally detefted 442, 443, joif, 
 J", 5*0. 521,522,555, 53<«,y37 
 Echpfe, a great one of the Sun, at 
 
 Prague and at Con/lance, during the 
 
 publick Trial of Johy/ Um 1. 315 
 
 Edward III. King of England, a Kriend' 
 
 to IVickliff I. 2ia 
 
 Gregory XI fends him a Letter a- 
 gaiutl IVicktiff, but hedy'd before 
 he recciv'd ic ih, 
 
 EleSiors (of thePope) 6 Prelates of each 
 Nation are added to the Cardinals 
 for eleding the Pope II. 14^ 
 
 Articles which they are made to 
 fwear before they enter the Con- 
 clave 157, 15S 
 
 A Lift of thofe Eledors 1 59 
 
 Meafures concerted for the choice 
 of a new Pope I. 509, 310. See 
 Confirmaiion 
 
 A Stop put to proceeding in' the E- 
 lection, without the Opinion of 
 the C'ouncil I. 403 
 
 Publick Prayers for a happy Ifftie of 
 the Eiedioa II. 85 
 
 The.
 
 T ABLE ofC ON TENT S. 
 
 The Cardinals, Italian, French, and 
 Spaniards piefs the Choice of a 
 Pope 1 24 
 
 An Order of the Council that the 
 Pope elefi: (hall labour for the 
 Reformation, immediately after 
 his Eieftion 141, I4 5 
 
 A Project for the Eledlion of a Pope 
 
 144, U* 
 
 A Decree thereupon 1 4^ 
 
 A Decree of the Council for the 
 
 Security of the Eleftion 161 
 
 All Affairs fufpended during the E- 
 
 leftioii lb- 
 
 The Eledors enter the Conclave to 
 
 which they are admitted by the 
 
 Emperor 1 6z 
 
 JLhSiions to Benefices, Martin Vth's 
 
 Regulations about them II. 210, 
 
 III 
 
 EllJlraH ( Nicholas ) Envoy to the 
 
 Council from the Duke of Anjiria 
 
 II. 354. See the Preface to the fir ft 
 
 Edition 
 
 Elwangen, an Abbey of Benediiline! 
 
 in the Diocefe of Langres {Sige- 
 
 frid the Abbat of it) II. 41 5 
 
 Its Foundation ii, 
 
 Emanuel Emperor of the Eaft. See 
 
 Paleologiis. 
 
 Emperors of the Weft, whether they 
 
 have a Right to alfemble General 
 
 Councils I. <f, 7, II. 515, 514 
 
 They are Advocates and Defenders 
 
 of the Church II. ib. 
 
 Emperors of the Eatl. See Pakulogits, 
 
 Emanuel, Martin V. 
 End {George, B.iron of ) condemn'd to 
 perpetual Imprifonment for Robbery 
 
 1.600 
 
 E/igland ("Kingdom of) Arrival of its 
 
 Ambaffadots at Conjlance I. 69, 
 
 70,624 
 Law of the Parliament againft the 
 Incroachments of the Popes II. 
 190, 291 
 Three Bifiiops of England at the 
 Council with a Train of 400 Per- 
 sons II. 403 
 
 Englip entertain the Emperor with a 
 Comedy II. 25 
 
 Their Right to make a Nation in 
 the Council 41, 42, 45 
 
 Their Difputes thereupon with the 
 French and Spaniards ib. and 53, 
 
 54- 
 
 The Arguments of the Englifo 49 
 
 to 53 
 
 They fall oft from the Germans to 
 
 join with the Cardinals 114,126 
 
 Their Concordates w: h Mariin V. 
 
 127,485 tu 4.85 
 
 Their continual Complaints agaiiift 
 
 the Exaftions of the Popev from 
 
 the Time of John LacklauU to 
 
 Henry '^IW. zj^ 
 
 Epa^, what it is II. 579 
 
 Eucharijl, See Accidents. 
 
 Errors concerning the Eucharift 
 crept in after Satan was let loofe 
 
 I. 255 
 Wickliffh Doflrine concerning the 
 
 Eucharift 236, 257, 240, 241 
 Eugene IV. Pope, his Impofitions up- 
 on the Clergy II. 540 
 Europe, the State of it during the 
 Council of Conftance 1. i, 2, l^c. 
 At the End of it II. 278 to i^d 
 Excommunication, a Prel ce ought not 
 to grant ir, if he dotn not know 
 the Perfon to be already excom- 
 m.unicated by God 1. 221 
 This Article of W'ckUff condicmvi'i. 
 
 ib. 
 
 It ought to be no Bar to Preaching, 
 
 or the Hearing of God's Word 
 
 222 
 This Article of /^«Vi/(^ condemn'd 
 
 ib. 
 
 The Pope's Excommunication not 
 
 to be valued, becaufe'tis theCen- 
 
 fure of Antichrift 22 7 
 
 This Article of fVickUff condemn'd 
 
 ib. 
 
 All unjuft Excommunication is not 
 
 obligatory I 260 
 
 Cerfoa's Opinion about it I. 439. 
 
 II. 305 
 Cardinal Zabarelld'i ib. 
 
 Peter
 
 Table ^/Contents. 
 
 Peter d'AiUt's Excommunicatipn il>. 
 
 Examples given by WukUff^ of the 
 
 figurative Senfe of the facramen- 
 
 tal Words of the Eucharilt I. 257 
 
 See John the Bafti^. 
 
 Exemptions of the Church, the Opinion 
 
 of the Germans 9!oo\iit\\em. II.204 
 
 Martin Vth's Regulation upon it 
 
 ail 
 
 The Abufeof them 517 
 
 They are limited by the Reforming 
 
 College 540 
 
 Extravagantes (DecretalsJ what they 
 
 are II. 324 
 
 -pA CT I ON S. S<zclA»ti-Popes. 
 *■ Faith moll of the Italian Cardinals 
 are for regulating the Matters of 
 Faith before others I. 70. II. 551 
 The Popes cannot be juagcd unltfs 
 they err in the Faith I. 201 
 'Tis not contrary to the Light of 
 Nature 132 
 
 Aflemblies of the Cdmmiffioners 
 in Matters of F"aith 584 
 
 Coinmiflioners appointed in Mat- 
 ters of Faith 589 
 Falckenberg (John de) a Popifli Do- 
 minican, his feditious Libel a- 
 gainil the Foles is condemn'd by 
 the Deputies of the Nation to be 
 burnt II. 22S, 294 
 His herfon condemn'd to perpetual 
 Imprifonment ib. 
 His Difcourfe with Cardinal de Za- 
 harelLi 229 
 Martin V. when a Pope refufes to 
 condemn that Libel ib. 
 A Rcmarlv upon fuch his Refufal 
 1(77, 268, '^c. 
 He goes to the Council of Baftl^ 
 rind by the way is arrefted itfp 
 He dies upon his Return ib. 
 Fanaticijhi, how dangerous I. 471 
 Fathers. See Contradictions. 
 Eielfijchs, a Bohemian Gentleman, 
 brings ^'tckliff's Books to Prague 
 i i'5 
 
 Feltri in the State of Fenice {Henry 
 Scarampo Billiop of) his atten- 
 dance at the Council, and his 
 Benefices and pretended Sinftity 
 
 II. 403 
 F*r^/»(j»<^ chofe king of Arragon I. 2 
 He confents to the Delay of Sigij- 
 mond's Journey 906 
 
 He burns his Bull of Excommuni- 
 cation 554. 
 Is accufed of holding Intelligence 
 with Benedict 540 
 He dies 577,578 
 Broils that happened thereupon 606 
 Ferrier {Vincent) a Dominican is a 
 Friend to the Flagellants \\. 91, 
 
 He publidies the Edids for with- 
 drawing from Beneatil I. 551 
 His Ch>.ra6ter tb. and 552 
 
 His ftreuuous Declaration dgainll 
 tlie Manners of the Clergy II. 
 
 ri- A , . . . '5, 3C7 
 
 His Authority m. Arragon ib. 
 
 A Deputation fent to him from the 
 
 Council ib. and 9+ 
 
 Gerfvn writes an Invitation to him 
 
 ib. 
 
 But it does not appear that he 
 
 came j, ^ 
 
 Ferub put into the Pope's Hands 
 
 II. 179 
 Fida, a Widow at Conjiance, with 
 Whom John lilts lodged, who 
 calls her another Widow of 
 Sarepta \. 21 
 
 Fiefque (Lewis de) Cardinal is fent to 
 France to notify the Eleftion of 
 Martin V. ' 1 1. 18; 
 
 The Anfwer he received in the 
 King's Name 184 
 
 Fillajlre U^illiam (Cardinal dc Saint 
 Mark) his Memorial ignni\ John 
 XXIII. }. ,07 
 
 He is confuted by that Pope's Par- 
 ty ic8, 109 
 Is api.x)inted a Commiflioner for 
 Matters of Faith 174, 179 
 
 k k 
 
 FlagelLiKts
 
 Table <?/ C o k t e n t s. 
 
 Flagellaxts (a SeSt of Eif^/dtldi) their 
 Hiftory II. S6,^c. 
 
 Their Origin and Devotion with 
 the good and bad Etii:ds it has ib. 
 I'heir Condemnation and Pimifli- 
 nient 87, e/f- 
 
 Their Tenet? 88,89 
 
 They are not condemned by the 
 Council 97 
 
 A Remark upon thnt Caution 98 
 The Continuation of this Se£t, even 
 after the Council iL 
 
 Flifco (^Lewis dc or Cardinal de Fief- 
 que) his Attendance at the Coun- 
 cil and Negotiations II. 595 
 Fli[co {James de) Biftop of Genoa 
 caufes the Siege of Nocera to be 
 railed ib. 
 Tloreace John XXIII, his Flight to 
 that City I. 4 
 'Mart'iK Vth's Refidence there II. 280 
 Heere6lsth.it Church into a Me- 
 tropolitan 184 
 Foix {John CoHut dc) writes to the 
 Council I. 6%i 
 His Marriage with Blanche of A^d- 
 varre II. 17 9 
 Foix {Peter Cardinal) his Union with 
 the Council I. 55^ 
 His Charader and Negotiations ib. 
 Forgers who counterfeit the Bulls 
 and Sea! of the See of Rome, 
 excommunicated by the Bull of 
 Holy T'httrfday II. 252, 
 A Regulation againft that Abufc 
 
 555 
 Forli (^Albert de Bon Chrijliams, Bi- 
 (hop of) his Sermon upon //o/y 
 Thurfday II. 25^ 
 
 Form- See Cejfion, 
 France the Method of a General Coun- 
 cil agreed to in that Kingdom I. 6 
 Meafures concerted there for fend- 
 ing to the Council of Coujlance 
 
 14 
 
 Arrival of her AmbafTadors iz5 
 
 Their Agreement with the Emperor 
 
 not to difp.ilve the Coaacil, and 
 
 to oblige 'John XXUI. to e(>a- 
 
 blifh Proftors for his Refigna- 
 
 tion ib. 
 
 The Depofirig of JohnXXWl. not 
 
 approved in that Kingdom 512 
 
 France a Prey to the great Men in the 
 
 Reign of Charles VI. 372 
 
 The Amount of the Revenues of 
 
 the vacant Cathedrals and Abbies 
 
 of France., according to the Tax 
 
 of the Aportoliclt Chamber II. 
 
 152 
 Martin V. not recognized there at 
 tirft 183 
 
 The Liberties of the Gallican 
 Church confirmed there 228, 304 
 The Concordate of Martin V. not; 
 approved 271 
 
 The State of France before and af- 
 ter the Council I. 2. II iStf 
 Francifeans, a Rule of theirs II. ^6$ 
 Frederic II Emperor, confirms the Do- 
 nation of the Poles lo the Knights 
 of the TVa^i/wV,^ Order I. 247 
 His Conflitution in favour of the 
 Clergy 515 
 Fregofe {Thomas Dope of Genoa') he 
 proteSs John XXiW. II. 281 
 French (Nation) their Difputcs with 
 the ErfgH/b about their Right of 
 malcing a Nation in Council, ^jfc. 
 See the /Inflates II. 41 
 I'hcir Arguments for excluding the 
 Englijb !b.. 
 Tiie French more opprefs'd by the 
 See of Rome than any other Na- 
 tion II. 152 
 Friers (Minor) their ridiculous Dif- 
 putcs with one another IJ. 3<jy 
 They call John XXlI. Antichrift ;b. 
 Four of them are burnt at Marfetl- 
 l" ib. 
 Friers (of common Life) a Society 
 of divvonr Perfons tliat '.vin not 
 enter into Convents If. 254. '(Jc. 
 The Monies rave againft that So- 
 ciety ib. 
 Friboarg (in tlie Bnfgavj) the third 
 Place to which Jubn XXUI. retired 
 after his Fliglit I. i-jt} 
 
 FuUa
 
 Table ofC o N ten t sI 
 
 Fulda (Abbey ^ohn de Merk .VS ot 
 of) his Attendance at the Co' cil 
 
 II vl<3 
 
 G 
 
 /^ AL St. an Abbey in Swifffrtand, 
 
 ^^ Henry Baron de Gundelfingf-? the 
 
 Abbat ll 4fO 
 
 His Rdignation of the faid Abbey 
 
 anci his Cnui,.6ler ib. 
 
 His Books Ifir and not rellored ib. 
 
 Gallican Church me Extent of it II 
 
 45, 50 
 Its Liberties dticnded in the Coun- 
 cil 148, 149, 184- Stti Franc ty 
 M.trti>s V. Paris a/neat. 
 GelafiHS (Pope)isagainlt the with-hold- 
 ing the ' ;up from the Luuy I. 271 
 Gelu {JciTies) See Totirs. 
 Generals ('of Orders) dcfcrt the Coun- 
 cil after the Flight of John XXIil. 
 
 I. 184 
 Are commanded to return ib. 
 
 Forbad toaiil-mble any Chapter du- 
 ring the Year 1415 ih. 
 Geneva {yokyt Bcrtraiid Bifhop of) 
 accompanies the Emperor to Nice 
 
 1-457 
 Is made Archbilhop of tlic Taran- 
 taife n. 407 
 
 Martin Vth's Arrival there 278 
 Genoa {PHio Marino Archbin^.op ofj 
 his Speech for the fupprefilng of 
 the Schifin 11. 507 
 
 Gentian (Benedift) a DoSor of Paris 
 and a Monlv of St.D^w//, his Me- 
 morial againlt the Fiight of John 
 XXIII. I. i?o 
 
 Whether he wrote the Hiftory of 
 Charles VI. which goes under the 
 Name of the Monk of Saint 
 Denis 160 
 
 He is attack'd in Lorain 458 
 
 Germany its State at the Time of 
 the Council of Conjlunce 1. 1 
 
 Germanic (Nation) their vigorous 
 Memorial againlt >*«XXliI. I. 
 
 ii6 
 
 They affemble to renew the Regu- 
 
 lations touching the Order of 
 
 the Council 288, iSp 
 
 The Chandler impated to thac 
 
 Nation tb. 
 
 Another Memorial of that Nation 
 
 not to be too precipitant in the 
 
 Che ice ot a Pope \l. l^6,lz^ 
 
 The Extent vjf the German Nation 
 
 The Nitiun clears it felf from the 
 
 Cuarge of Herffy ib. 
 
 Are obliged to confem to the Elec- 
 
 tior bcti.re the Reformation I2<) 
 
 Their iVlemO'ii! toMai-tinYxoMch- 
 
 iiig the Reformation 199, 202 to 
 
 201J 
 Their Concordates with Martin Y. 
 
 22 5, 4(54, to 47 5 
 Apology for their Nation againll 
 3er'm! of Prafue I. 581? 
 
 German {John) eftabliflies the Necef- 
 firy of a General Couwcil I. 5 
 He arrives at the Council 1 r 5 
 
 He is looked upon as the Soul of 
 it ir(J 
 
 His Labonrs for »he U.iion and 
 the Reformariou ib. 
 
 He preaches a Sermon for the Su- 
 periority of the Council after the 
 Pope's Efcape 158, 159 
 
 An Extras of it 159, 140 
 
 His Reproaches of '3erome of 
 Prague 301 
 
 His Severity again ft Jc^^ ////J 5 2(7 
 His Difcourfe made upon the Em- 
 peror's Journey 462,4^5 
 His Book of the Trial of Spirits 
 4(5'9, to 4-i 
 His Memorials againft the Propo- 
 fitions of John Petit 477 
 Anonymous Letter againft him 475 
 His Anfwer to John de Roche 479, 
 
 to 481 
 
 His Defence againft a Charge of 
 
 Heref/ //>. and 487, 48 S 
 
 His Traft againft Simony 528, to 
 
 551 
 
 His Speech in the AfTeniblies of Pa' 
 K k k k a ris
 
 Table of Content?^ 
 
 Tis agatnft the Dodrine of 'i^ohn 
 Petit 577 
 
 His Sermon to the Council for con- 
 firming the Decrees of the Vth 
 Seffion II. 10 
 
 Other of his Trails again ft the Doc- 
 trine oijohn Petit II. i ?, 2(J, 27 
 
 His Treatife of the Authority of the 
 Church and the Council i<J, 27 
 
 His TraS again ft the Flagellants 
 
 95 to 97 
 His Treatife againft the Communion 
 in both Kinds 107 to 112 
 
 Mis Complaint of the lukewarm 
 Proceedings of the Council a- 
 gainfi the feditious Dodlrine of 
 John Petit 129, ic;o 
 
 His Proof of the Lawfulnefs of ap- 
 pealing from the Judgment of the 
 Pope 245 to 249 
 
 His Condemnation of Grabun'% 
 
 Book. See Grabun 
 His Banifhment and Death 275 
 His Sermon at Rheims for the Re- 
 formation of the Church 504, 
 
 505 
 His TraS concerning the Reforma- 
 tion of the Church 509 to 518 
 His Devotion for St. Jofeph 584 
 He is not for the Multiplication of 
 Holidays ib. 
 
 Girdle given to the Pope, as a Note 
 of Chaftity II. 179 
 
 Gnefna (Nicholas Kuroaski, Archbiftiop 
 of) had a great many Votes in 
 the Conclave for creating him fo- 
 vereign Pontift" I. i8(J, II. kJ? 
 He is confirm'd Primate of Poland 
 
 by the Council II. 
 
 Mis Difcourfe to the Emperor for 
 the Reformation 533 
 
 Godegrand^ the Inftitutor of the Regu- 
 lar Canons II. 5^1 
 Gonfague {^ohn Francis^ Marquis de^ 
 Proteftor of John XXIII. 1. 9 
 Goofe in the Bohemian is Hus I. 30 
 Several Allufions to that Term ih. 
 
 and 1(5 J 
 
 Goths (Sigebttih King of) perfecutes 
 
 the Jews II. 386 
 
 Grabon (Maitheiu) a Dominican of Sax' 
 eny^ his Tr. ft againft the Friers 
 of common Life 11-2 5 5 
 
 He is oblig'd to retra£l it 258 
 
 His Work condemii'd to the Flames 
 by the Cardinal of Cambray and 
 by Geifon ifj 
 
 Grado QJohn Patriarch </«•) his Arrival 
 at Conjlance, and Retinue 11. 592 
 Greeks their Advances towards a Uni- 
 on with the Latin Church II. 
 221, z!fc. 
 Their Embafly to the Council 222 
 The Archbifhop of Kiovj chief of 
 the Embafly ib. 
 
 Their good Reception there ib. 
 
 Succefs of the Embafly ib. 
 
 Their Excommunication by the 
 Bull of Holy Thar [day 2<2 
 
 Their Embafly to Martin V. atf/o- 
 rence 2.81 
 
 Gregory (of Naziaazen") his advanta- 
 geous Charafter of the Monks of 
 his Time II. 354 
 
 Gregory (the Great) a Fable concern- 
 ing that Pope plucking the Soul 
 of Gratian out of Hell by his 
 Prayers I. 224 
 
 He is againft the With -holding the 
 Cup from the Laity 262. See 
 Servant, 
 He is the firft that prohibited the 
 Marri.ige of Priefts II. 35^ 
 
 He revokes that Declaration 360 
 His Regulations concerning Monks 
 and Monafteries 368 
 
 He forbids the Perfecution of the 
 Jews 38<J 
 
 Gregory III. (Pope) his Alteration in 
 the Canon of the Mafs II. 38i 
 
 Gregory IX. (Pope) his Confirmatioii 
 of the Grant of the Poles to the 
 Knights of the Teutonick Order 
 
 I. 247 
 
 His Permifllon to the Dominican 
 
 Friers, and the Mendicants to con- 
 
 fefs and preach II. 368' 
 
 Gregory X. (Pope) his Conftitution a- 
 
 bout the Regimen of the Cardinals 
 
 in the Conclave II. 157 
 
 Gregory
 
 Table ^/Content s • 
 
 Gregory XI. (Pope) his Letters to 
 Efiglitnd ^g'AmU W'ckliff I. 212 
 
 His Fulmination agaiuft the Flagel- 
 lants II. 89 
 Gregory XII. SuccefTor to Pope Inno- 
 cent VII. I. 2 
 
 His Obedience 5 
 
 He caufes his Legates to put up his 
 Arms at Conjlatice 55 
 
 The Honours paid there to his Le- 
 gates 94 
 
 His Hiftory and Charafler 97, 98 
 
 His Letter to the Eleftor PaUtiu 
 
 100 
 
 His Legates offer his Refignation by 
 a Memorial 102.. 105 
 
 The Confutation of that Memorial 
 by Ooh» XXllI. 104 
 
 He writes to the Council his Offer 
 of Refignation 250 
 
 He convokes the Council of Co»- 
 flance 400 
 
 His Bulls are read in Council ib. 
 
 and 4c I 
 
 The Aft of his Convocation ap- 
 prov'd by the Council 401 
 
 Remarks upon that A£t ib. 
 
 Several Decrees in his Favour 403, 
 
 b-v. 
 
 His A£t: of Refignation read by 
 
 Malatefla 40 5 
 
 His Letter approving the faid A6t ib. 
 
 His Advancement to the Dignity of 
 
 a Cardinal, Rifliop and Legate of 
 
 the Marquifate oi Ancona^ where 
 
 he dies ib. 460, U. 192 
 
 His Epitaph II 193 
 
 Greg9r\ XIII. (Pope) See Culendar 
 
 Groat ox Le Grand {Gerard de Dexen- 
 
 ter., Doctor of Paris) infiitutes the 
 
 Society of Friers of common Life 
 
 II. 255 
 
 H 
 
 JTAGUENAU Edition of the 
 -'^ Afts of the Council oi Conjlance 
 
 there I. iiJo, 162 
 
 lUinaiih ( Willicirn Count ae ) dies 
 
 without Male-IfTue 11. 2(J2 
 
 Jacqueline Countefs of HaiTiauh his 
 Niece, takes Poffeffion of his 
 Dominions ib. 
 
 Is courted by her Coufin-Gcrman 
 the Duke of Brabant ib. 
 
 Obtains a Difpenfation from Mar' 
 tin V. to marry him ih. 
 
 The Pope recalls tbe^Difpenfation 
 and afterwards confirms it ib. 
 
 The Reproaches call on him for it 
 
 by Sigifmond 2^5 
 
 Hales {Alexander de') a School-Divine 
 
 of the Xlllth Century, an Incon- 
 
 veniency which he fuggefls in the 
 
 Communion of both Kinds I. ^66 
 Hannibal {Peter Stephaneski de) Cardi- 
 nal his Attendance at the Council 
 
 11-553, 39+ 
 
 His Negociations ib. 
 
 Harfleur (a Port of Normandy) taken 
 by ths Engli/h I. 554 
 
 Head. See Reformation of the Chi:rcb. 
 Heidelberg (Univerfity of) its Foun- 
 dation II. i8g 
 The Pope acquaints them of his 
 EleSion ib. 
 The Cardinals do the fame ib. 
 Heilihron (an Abbey of the Cijlertians 
 in the Diocefe of Bamberg., Arnold 
 Abbat of) II. 413 
 Foundation of the faid Abbey ib. 
 He-firy II. (Emperor) his Edidt againit 
 Simony ^ IJ. 3 50 
 Henry III (Emperor) convokes an AP- 
 fembly of Princes to Conflance, 
 where three Popes are degraded 
 
 I. .7 
 
 He drives all the Strolers and 
 Whores out of the City 8 
 
 Enjoins. the Romans not to allemble 
 a General Council without the 
 Confent of the Emperors ib. 
 Henry IV. (Emperor) allembles a 
 Council in Breffe to put an end to 
 the Schifm I. 7 5 
 
 Henry V. (King of England) his Let- 
 ter to the Englijh Bifliops at tlie 
 Council, exhorting them to live 
 in perfect Union II. 106 ■ 
 
 His Conqucfts in France i^T ■ 
 
 Herffy, ,
 
 Table <>/* C o n t e n t s ." 
 
 Ihrefy^ Popes can only be try'd for 
 Hcrefy I. '•°9 
 
 Schifm is indireft Herefy »'^. 
 
 And fo is Simony il>- 
 
 Herefy ought not to be fubjeft to 
 any Punifliment 44S 
 
 Hereticks, the Unlawfuhiefs of pick- 
 ing for them 1. <J5 
 
 All manner of Evidence adn.itted 
 again It them ib. 
 
 Marks by which they may be known 
 
 liSu to 2?2 
 
 A Decree of the Council concern- 
 ing their Safe-Condu6h, and that 
 of Johyi Has 5' + 
 
 Declaration of the Council that no 
 Faith is to be kept wirh 'em 514, 
 
 515 
 Excommunicated by the Bull of 
 Holy Thurfday il. 15^ 
 
 Herodians, the Ultramontafie Divines 
 fo call'd by Peter d'AilU I 616 
 Hejfe {Henry de) Divinity-Profeflbr, 
 eftablidies the Prerogative of the 
 Emperors to call General Coun- 
 cils I- 7 
 His Treatife concerning the Refor- 
 mation and Union of the Church 
 
 II. 502 
 
 His Complaint of the Multitude of 
 
 Feftivals S^S 
 
 His Equity towards the Jews 387, 
 
 ' 588 
 
 Hochberg {Otha Count de') Bifhop of 
 
 Conftance notifies to John Hus, on 
 
 the' part oi'john XXIII. that he may 
 
 be as free as he will there I. 4.3 
 
 Hoffman {John) Silefian Redor of the 
 
 Univerfity of Prague, retires from 
 
 that Univerfity and is made Di- 
 
 vinity-Profeflor at Lcipfuk I. ;i, 
 
 51 
 
 He is chofe Bifhop of Meifen ib. 
 
 He makes an Apology at Coiiftatice 
 
 for the Excommunication oi'Jobn 
 
 Hus lb. 
 
 He wrote againft the Hujfites ib. 
 
 Holant or Alam {Robert). See Salif- 
 
 b»ry. 
 
 Homrius III. (Pope) confirms the Do- 
 nation of the Poles to the -Knights 
 of the "Tetaonick Order I. 247 
 
 Ho-fe (the Popes) a Difpute which 
 fh^i nave it I. i<^ 
 
 Hum try, the State of it at the Time 
 i-t Uic Coiuicil of Conftante I. i 
 
 Hus {John) his Arrival at Conjiance 
 
 I. 21 
 
 His Birth, Studies, Talents and 
 Learning 21 to 25 
 
 His Credit at the Univerfity ib. 
 
 Whether he at iirlt detcfted the 
 V>Qo\% oi Wichl'iff 15, i<y 
 
 He preaches ag inft thelndulge-icies 
 of Quntfi:ce IX. 27 
 
 His Treatife agai-ill the Impoftures 
 and fham Miracles of t!.e Priefts 
 about the Biood of Jefus Chrift 
 
 ib. 
 
 His Sermons 28, 29 
 
 When his Dodlrine began to make 
 a Noife 29 
 
 His DecLiration for the Neutrality, 
 with regard to the Rival Popes 
 
 ih. 
 
 His Summons to Rome., and firfl: 
 Appearance there only by Proc- 
 tors 33 
 
 His Proxies are abus'd there ib. 
 
 His Excommunication and Appeal 
 to Jefus Chrift ib. and 34. 
 
 He preaches ftveral Times notwith- 
 ftanding his Excommunication 3 5, 
 
 3tf 
 
 He retires to Huffmstz, the Place 
 of his Birth 37 
 
 His Summonjs and Journey to the 
 Council 38, 4.0 
 
 The publick Advertifements and 
 Letters which he wrote before 
 he went ib. to 40 
 
 His Conferences with the Clergy 
 by the Way 4i, 4-i 
 
 His Notification of his Arrival at 
 Coft/laKce to the Pope 45 
 
 Johit XXIII. promifes him Protec- 
 tion, and takes off his Excommu- 
 uication ib. 
 
 He
 
 Table 0/ C o n t e n t s. 
 
 He is hindered from preaching at 
 Conflntice ib. 
 
 An Extract of his intended Ser- 
 mons 43, to 45 
 
 His Exaggerations relating to the 
 Virgin Mary 45 
 
 He fings Tvlafs every Day at Cun- 
 Jlance in fpite of his Excommuni- 
 cation 58 
 
 He is obliged to appear before the 
 Cardinals ib. 
 
 His Convcrfation with a Monk up- 
 on that Occafion 59, 60 
 
 His Imprifonment for the firft 
 Time 60, 61 
 
 His Removal to the Prifon of the 
 
 The Pope grants him Commiffioners 
 
 He demands Council, but is denied 
 
 ib. 
 
 He compofes feveral Trafts in his 
 Prifon 66 to 69 
 
 He there teaches the Doclrine of 
 Tranfubftantiation 6% 184 
 
 He has new Commiffioners appoint- 
 ed for his Trial 69 
 
 He refufes to fly frotn Conflance 91 
 
 He is removed to the Prifon of the 
 Fruncifcans ib. and 1 18 
 
 To the Fortrcfs of Goetkben i <S'4,5 1 8 
 
 From thence he writes to his Pro- 
 teftors the Nobility of Bohemia 
 
 l6\ 
 
 Vain Artempts to oblige him to re- 
 cant itf4, 3 5'7 35*5 ^'^- %96 
 to 599, 40S 
 
 He demands apublick Hearing 16^4 
 
 He is not the Author of the Re- 
 ftoration of the Cap in Bohemia 
 
 The Evidence of N'-.ihoh'.i.^ BilTiop 
 of Naz'ireth., in his favour 919 
 
 More Attempts to oblif,e him to re- 
 cant 320, 3ii, Isfc. 
 
 He is allowed a publii. k Hcanp.g5i2 
 
 The Coufuficii a.id I'umult which 
 attendt.a it 523 
 
 He !s allowed a fecond publick 
 Hearing ib, to 534, 
 
 He therein defends the Doflr'ne of 
 TranfablUntiation 3 5<S 
 
 He is allowed a third publick Hear- 
 ing 3 34t:. 5 5<f 
 
 He vindicates himfelf in the Affair 
 of the three Men beheaded at 
 Prague 354. 
 
 He is (hewed a Form of Abjuration 
 which he refufes 3 57 
 
 A vain A:tempt to remove his 
 Scruples 558, 559 
 
 Proofs of hisConftancy taken from 
 his Letters 5151 
 
 'Tis falfe that he ever rctr^ftcd 
 552 to 3^5 
 
 Sentence of the Council in Cafe of 
 his retracting 5^3 
 
 His Books are condemned to the 
 Flames 397, 42 s 
 
 A Confcffor is allowed him 599, 
 
 428, 43(5 
 
 He has fome glimmering Hopes of a 
 Reprieve from Death 412 
 
 He is brought back to the Council 
 to be degraded ib. 42 5 
 
 He is made to liny at the Church- 
 door during Mufs ib. 
 
 He has thirty Articles read to his 
 Charge 420, 425; 
 
 He is forbid to fpeak ;'&. 
 
 Bat does not mind it ih. 42 5; 
 
 His indircci Reproach of Sigifmond 
 
 42J 
 
 Sentence of Degradation pafs'd upon 
 him 424 
 
 He prays to God to forgive his 
 Judges 42 J 
 
 The Ceremonies and Circumftanccs 
 of his Dcgrada;ion 425, ^^6- 
 
 His Remarks upon every Formali- 
 ty of it ib. 
 
 He is delivered over to the fccular 
 Arm 4;fi> 
 
 The ElcSor PaLuin and the other 
 Princes attend him with ^reat 
 Ceremony 428 
 
 As he goes along he fees iiis Books 
 burnt, ar,d fniiles ib. 
 
 He harangues the People il,. 
 
 He
 
 Table of Q on tents. 
 
 He is faften'd to a Stike to be burnt 
 
 419 
 
 His Conftaiicy and Piety before and 
 during Execution «/^. 430 
 
 Particulars of it ib. 45 i 
 
 The true Caufes of his Condemna- 
 tion 431, 45^? 454 
 
 An Abftcaft of his Dodrine 431, 
 
 434 
 A Recapitulation of his Doflrine 
 ib. 447, ^c. 
 His Apology ib. 
 
 His Dream 441S 
 
 Whether he fet up for a Prophet 
 
 447, 448 
 Medals ftruck upon his Account 
 
 448, i^c. 
 Charader of his Letters 450 
 
 Hujfr^etz {Nicholas de) a zealous 
 Advocate for Joha Hus and Huf- 
 Jliifm II. y8 
 
 He is accufed of aiming at Regal 
 Power ib. 
 
 He chufes M. "tabor for affembling 
 the Huffites 59 
 
 He propofes to them to eledt a 
 King ib. 
 
 He is threaten'd by U^encejlans with 
 
 hinging 242 
 
 HuJJiies Conimiflioners appointed by 
 
 the Council again ft them 1. 517 
 
 They are fummoned :o the Council 
 51J;, 1J07, ~6q?> 
 
 Two forts of them II. 240 
 
 Letters from the Pope to the Gran- 
 dees of Bohemia, againft the 
 Huffites 241 
 
 They take Arms for Defence of 
 their Religion 242 
 
 Mania V. does not mention them 
 
 in the Bull of Holy-Thitrfaay 252 
 
 Huffitifm abjur'd 11. z6o 
 
 I 
 
 <^AC OB E L. See Mife. 
 J J^gelion. See Ladijlaus. 
 'jaqueline. See Hainaitlt. 
 IdoUtrotis, the Church of Rome more 
 
 fo than the Pagans I. 158 
 
 Idolatry of the Church of Rome., in 
 
 the Point of the Encharift ib. 240 
 
 Idols, the Pope and Clergy idolized 
 
 by the Laity I. 537 
 
 Jtrome (St.) falfify'd by Broda I. 273, 
 
 274 
 
 He forbids the Nuns to take Money 
 
 of thofe who take the Veil II. 
 
 3->9 
 
 'Jerome (o? Prague, a Bohemian Doctor, 
 
 a Monk ot Camaldoli) wires 
 
 ^giinA the Huffites I. 16 j 
 
 "Jerome ( of Pw.gae a Bohemian 
 
 Doctor, the HuJJite) arrives at 
 
 Conftance ib. 
 
 His Hirtory and Charafler ib. 1 6S 
 
 Violence done to him at Prague 
 
 ib. 
 
 He retires from Conliance \6i 
 
 His vain Suit to the Emperor for a 
 
 Safe-Condudt ib. 
 
 He is flopp'd returning to Bohemia 
 
 20; 
 Brought back to Conjlance 204 
 
 Is heard 500, 301, 462 
 
 His Elegy 507 
 
 His Recantation 510 to 514 
 
 His Apology for it 512 
 
 Is recommitted to Prifon ib. 
 
 His Conimilfioners nor liked by his 
 Enemies ib. 
 
 Others are appointed to try him 
 
 523, 57a 
 He is heard again 572, 577, 585 
 
 to 585 
 He difowns his Recantation 58(f, 
 
 He reviles the Germr.n Nation 5 8(J 
 Sentence is palled upon him 587, 
 
 59c, eff- 
 His pretended Prophecy 589 
 
 His Gonftancy and Piety to the very 
 laft 591, 592, ^c. 
 
 ^effenitz {John de) Huffite , his Fac- 
 tum for 'Joh-^ Hus I. 440 
 JefusCbrift did not beg I. <Jio 
 Jews do Homage to Martin Y. II. 182 
 
 Are
 
 Table <7/Coktent 
 
 Are Excommunicated by the Bull of 
 Hilly T'hnrfday II. 251 
 
 Cruelly treated by the Chriftiaiis 385 
 
 to 389 
 
 Banifli'd out of Germany^ England, 
 France, Bohemia and Poland 5S<J, 
 
 387 
 Crimes imputed to the [?<rwx 587 
 Regulation of the Reforming Col- 
 lege about them 588 
 Image Worftip, Opinions of John 
 Hits, Gerfofi and Luther about it 
 
 1-435, 43<J 
 
 And of Henry of Hejfe 43 7 
 
 Impanatlon, what it is I. 440 
 
 U^tckliff oppofes that Doflrine il>. 
 
 Inconvenieacies. Stt Communion in both 
 
 Kinds. 
 Indulgencies, the Folly of placing 
 any Faithia them I. 230 
 
 This Article of IVickUff condemn'd 
 
 ih. 
 
 The Opinion of "^ohn Hiis about 
 
 them 438 
 
 The Council's Opinion about them 
 
 ib. 
 
 Regulations of Martin V. about 
 
 them 11- 214, 227 
 
 And of the Reforming College 385 
 
 InjallibiUty of the Church deny'd by 
 
 Jacobel 1. 271 
 
 It does not belong either to the 
 
 Pope or the Church of Rome 444 
 
 but only to the Catholich Church 
 
 ib. 
 InfalULility (of the Pope and St.Peter) 
 oppofcd by Peter d'Ailli II. 320 
 Infidels, whether the Chrifiians may 
 make War upon them for Reli- 
 gion I. 248, 249 
 Whether the Eftates of the Infidels 
 rightly belong to thu Chrifiians ib. 
 Ingoldfiat. Sec {Buvaria Lewis de) 
 Innocent II. ( Pope ) makes the Car- 
 dinals Eledors of the Popes II. 
 
 151 
 
 InnocentWl. (Pope) his Bull in fa- 
 vour of Tranfubftantiation I. 218 
 His Sermon upon the Golden Rofe 
 
 II. C44 
 
 His Bull againft Eledions by the 
 
 Abufe of the fecular Powers 3 2 (J 
 
 His Bull againft the Jewi/h Ufurers 
 
 5^7 
 Innocent IV. (Pope') gives the Cardi- 
 nals the Red Hat II. 151 
 Innocent VII. (^Pope} fucceeds Boni- 
 face IX. I. z 
 He refufes to refign 9S 
 Innocent VIII. {Pope) his Impofitions 
 on the Clergy II. 540 
 Oppofed by the Univerfity of Paris 
 
 ib. 
 Intercejfors, the great Folly of apply- 
 ing to any but Jefus Chrift I. 234 
 Intierirtediates ('or the Revenues ariliiig 
 during the Vacancy of Benefices) 
 the Opinion of the Germans a- 
 boiit them II. 205, 2C(J 
 
 Regulation of Martin V. about 
 them 2 1 s 
 
 Invefiitures granted by the Emperor 
 at Confiance II. (J7 
 
 Invocation (of Saints') oppofed by 
 IVicUijf I. 133, 234. See Saints. 
 '3oan CPope) John Hus affirms that 
 Fad without being contradided 
 
 I. 540 
 "Joan II. {de Duras) fucceeds Ladif- 
 
 laus in the Kingdom of Naples I. 
 
 It, 12. 
 
 Marries James de Bourbon, Count 
 de la Marche ib. 
 
 Takes Pofleffion of Rome by her 
 Generals I. 4(J, II. 191 
 
 Sends to do Homage to Martin V. 
 
 II. ib. 
 Martin V. promifes her the Invefti- 
 
 ture of the Kingdom of Naples, 
 and caufes her to be crown'd II. 
 192, 28; 
 ShefendsEmbafTadorsto the Coun- 
 cil I. 537, 610 
 John (St.) Reflections upori the 53d 
 verfe of the tfth Chapter of his 
 Gofpel II. ry7 
 John XU iPope) depofed for his Mif- 
 bchaviour II. 514 
 jfohnXXU. (^Pope) impofes the An- 
 nates on Pretence of a Voyage 
 L 1 1 1 to
 
 Table of Contents^ 
 
 to the Holy Land II. 147 to 150 
 
 Author of the Extravagantes 324 
 
 His Regulations touching the Court 
 of Rome 52<> 
 
 He declares againft the Friers Mi- 
 nors ?(JS 
 
 He is depofed by the Emperor Lewis 
 
 of Bavaria as a Heretick il>. 
 
 ^ohn XXIII. (Pope) his Obedience 
 
 1.2, 3 
 
 He enters Rome with the Affiftance 
 
 of Lewis of AnjuH I. 4 
 
 He is expelled by Ladijlaus^zni. flies 
 
 to Florence ib. 
 
 He has Recourft to Sigifmond ib. 
 He aflembles a Council at Rome 
 
 which is of no efte£l 5 
 
 He treats with Sigifmofid about 
 
 the calling of another Council 
 
 With this View Sigifmond fends 
 Emballadors to him 6 
 
 The Conflifts of his Mind after the 
 Death of hadijlaus 12 
 
 He refolves at Jaft to go to Con • 
 ftiince ib. 
 
 His fecret Treaty with the Duke of 
 Auflria \ 7 
 
 His fad Forebodings before his Ar- 
 rival ^X.Conjlance 18 
 
 Ceremonies of his Entrance into 
 that City 19 
 
 Reciprocal Prefents betwixt the 
 Pope and the City ih. 
 
 He declares the Council of Conjiame 
 to be a Continuation of the Coun- 
 cil of Pifa 20, 70 
 
 He fummons John Hus to the Court 
 of Rome 3*5 33 
 
 He canonifes St. Bridget 105, letf 
 
 He is againft admitting the Laity 
 and DoQors to the Council 109 
 
 Enormous Articles laid to his 
 Charge 112, 113, 122 
 
 His Perplexity ib 
 
 An unanimous Propofal made to 
 him to relign ib. 12*- 
 
 He feems to accept it with Joy ib. 
 
 • He fwears to do it at the fecond 
 
 Seflicns 1 1 8 
 
 He gives the Bull of his Abdication 
 
 120 
 
 He refufes to appoint Proftors for 
 his Refignation 121, 124 
 
 He gave the Golden Rofe to Sigif- 
 mond 122 
 
 He goes out of Conflame in the Ha- 
 bit of a Groom i2 5> 
 
 He writes an Apologetic Letter to 
 France 142 to 145 
 
 Makes Propofitions from Schaffhau- 
 /<•», touching his Refignation 1 50, 
 
 151 
 
 He goes from thence to Lauffen- 
 bourg I J4. 
 
 The Council forbids him to remove 
 the Court of Rome and his Of- 
 ficers out of Coiiftance 171. 
 
 He is declared degraded from the 
 Pontificate, if he puts oft" his 
 Refignation 173 
 
 He flies to Fribourg 179 
 
 He fends more reafonable Propofals 
 from thence than before 180 
 
 The Ad of Relignation is fent to 
 him, drawn up by the Commifll- 
 oners 186 
 
 Two Commiflloners are appointed 
 him out of each Nation to make 
 the Rcfignaiion for him in con- 
 cert with thofe of his own No- 
 mination 187 
 
 He flies to Brifac aog 
 
 He flies to Newenbourg ib. 
 
 He returns to Fribourg, where he 
 finds the Legates of the Council 
 
 - 3.C6 
 
 He pradifes Simony in that City 
 
 ib. 
 
 He trufts his Proxy with Berthold 
 des Urfms ib. 
 
 'Tis rcjeded by the Council 207 
 
 He is fummou'd with his Adhe- 
 rents io8, 249 
 
 Safe-Conduds fent to them in the 
 Name of the Council and the 
 Emperor 208 
 
 He is declar'd a Heretick, and in 
 what Senfe s.08, 20^ 
 
 5 He
 
 Table <?/ C o n t e n t s. 
 
 He is accufed of denying the Im- 
 mortality of the Soul ao9 
 
 The A€t of his Citation 241 
 
 Troops are fent to Fribourg to bring 
 him back 24.5 
 
 Commiflioners are appointed to hear 
 Evidence againft tiim 249 to 2 5 a 
 
 He is declar'd contumacious 251 
 
 He is fufpended 252 
 
 Reafons for it ib. ijfc. 25 j, 2 55 
 
 He is declar'd aHeretick and Schif- 
 matick 255, 287 
 
 Articles of his Accufation 290 to 
 
 19+ 
 
 He is brought back to Ratolfccll 
 where he is guarded by the Pre- 
 lates 295, 257 
 
 He acquiefces in his Sufpcnlion 
 
 300 
 
 Some of the Articles of his Accufa- 
 tion fupprefs'd 302 
 
 His Letters to the Emperor 304, 
 
 ^c. 
 
 He is depos'd by Sentence of the 
 Council 30(J to 908 
 
 He acquiefces in it 309 
 
 He is remov'd half a League from 
 CoKJlance to the fame Prifon as 
 John Hus 3 1 o 
 
 From thence to Heidelberg 3 1 1 
 
 His being depos'd is notify 'd to all 
 Europe 3 1 2 
 
 Heconfpires as he goes away agaiiill 
 the Life of the Emperor 383 
 
 The Wealth he boaftcd to have a- 
 mafs'd II. 150 
 
 He redeems his Liberty of the Elec- 
 tor Palatin 281 
 
 He goes to Genoa ib. 
 
 His Death ib. 
 
 He had no right to a/Temble the 
 
 Council, nor to prefide there 313 
 
 John {Lack-Land) King of Englandy 
 
 renders this Kingdom tributary to 
 
 the See of ^(?^«e I. 211. II. 273 
 Jufefh (St.) Gerfon's Zeal for him 
 
 \.6io 
 Jojfe (Marquis of Moravia) is eledkd 
 
 King of the Romans, without his 
 
 Knowledge 1. 5 
 
 Ifte {James de le) Cardinal, is made 
 
 Governor of Rome, in the Ab- 
 
 fmct oi John XXm. 1.12,4* 
 
 His Hiftory ib. 
 
 He makes himfelf Mafter of Rotni: 
 
 46. II. 191, 192, 
 
 He was not at Martin's Election 11. 
 
 iiJo 
 Tfiip (Simtn de) Archbidiop of Canter- 
 bury, a Friend to Wtckliff I. 210 
 Italians, this Nation has more Prelates 
 at the Council than all the others 
 together I. 5 
 
 Julius {Rainauld Duke of) congratu- 
 lates the Pope on his Election li. 
 
 i8y 
 
 He blefles himfelf for being of the 
 
 ColoMna Family ib. 
 
 Julius II. (Pope) gives the Golden- 
 
 Rofe to Henry \nn. II. 245 
 
 Jurifdidion, whether the Clergy are 
 
 fubjea to that of the Laicy II. 5(S 
 
 Jurifdidion (Eccleljallical and Civil) 
 
 dillinguifh'd II. 555, 357 
 
 Ju(iice, the Pope ought not to Hop the 
 
 Courfe of it II. 359, 340 
 
 Jujiinian (Emperor) his Decrees about 
 
 the Monks and Convents II. ^<S$ 
 
 jy'EM PTON (Abbey of Eened:c- 
 
 •**- tines in Svj.ibia) Frederick de Lo- 
 
 wenberg the Abbat H. 41 5 
 
 Foundation of it ih. 
 
 Keys put into the Hands of the Pope 
 
 Kinds (both). See Communion. 
 Knights (of the "Teutonick Order) tlieir 
 Quarrels with the Poles 1. i, -45 
 
 to 2 4P 
 
 They are beat feveral times by the 
 Poles ih. 
 
 Their Quarrels with the Poles laid 
 before the Council 558, 559, See 
 Voladimir, 
 
 LI 11 
 
 LAD IS'
 
 Table <?/ C o n t e n t rl 
 
 L 
 
 ADISLAUS (of Hnyjgary-) a 
 Competitor with Lewis of jfajou, 
 for the Kingdom of Naples 1. 
 
 His Vidory over Lews of Ayou 4 
 His Defeat 'I'. 
 
 His Excommunication by Jt/'a 
 
 XXI I r. ^.J. 
 
 His fcandalous Peace with that Pope 
 
 His Entrance into Ror,ie, and Ex- 
 pulfion of the Pope il>. 
 
 He attempts to befiege him at Bolo- 
 gna 9 
 His Death /A. 
 Divers Opinions about it i^^ 
 His Charafter 9, 10 
 Difficulties about his Will 1 1, iz 
 Ladijlam (Jagellofi) King of Polayal, 
 writes to all Chrillendom againft 
 the Teutoaick Order 1- ^47 
 His Application againft them to the 
 Council 248 
 His Letter to a Baron of Bahemia 
 
 ib. 
 His Letter to the Council I. 519, 
 
 11.58 
 His third Marriage with the Daugh- 
 ter of his Godmother II. 57 
 His Difpenfation for it from the 
 Council, on Condition that he 
 never marry again 58 
 Yet he marries a fourth Time ib. 
 His Converfion of the Samogitians 
 
 213 
 He obtains feveral Privileges from 
 the Popes, by way of Recom- 
 pence ib. 214 
 
 His Letter to Martin V. complain- 
 ing of the Denial of Juftice up- 
 on the Teutonick Knights, and up' 
 on Falkenberg itTp, 270 
 
 Lancafter, a Friend to Wichliff I. 2 1 1 
 Land (Holy) Voyages thither, a Pre- 
 text for the Annates II. 147 
 Lattdu (^Francis de) Cardinal, his At- 
 tendance at the Council il. 592 
 
 Landjhut. See Bavaria, Henry de, 
 Langenheim Abbey in the Diocefe of 
 Bamberg {Nicholas Heindenreick Ab- 
 bat of it II. 415 
 
 Langham {Simtn a Monk, Archbidiop 
 of Canterbury) turns Wi ckl iff o\ii of 
 his College and puts in a Monk I. 
 
 210 
 
 Lafcaris {^Andreui, Bilhop EleS of Po- 
 
 fe») Ambaffador from the King of 
 
 Poland to the Council J. 115, 
 
 II. 22+ 
 He harangues botii the Emperor and 
 the Pope I. II 5 
 
 Latran (Council) its Decree againft 
 Hereticks is approv'd at the Coun- 
 cil of Conftance I. 217 
 Its Decree againft Ecclefiaftical E- 
 Icclions by the Secular Powers 
 
 Its Vi\x\] Omnis utriufque, injoining 
 all Men to confefs to their own 
 Parifh Prieft 558 
 
 Its Prohibition to expoTe Relicks 
 out of the Churches 584 
 
 Its Decree againft the Queftors or 
 CoUeaors of Alms 585 
 
 Latran (Ild and I Vth Councils) forbid 
 Priefts to keep Concubines or to 
 marry II. 559 
 
 Latzer/ibock {Henry Count de') he ac- 
 companies ^ohn Hus to Conjiance I. 
 
 21 
 
 Carries the Pope the News ofSigif- 
 
 mond's Coronation at Aix la Cha- 
 
 pelle 6x 
 
 He abjures HuJJitiJrn 6c6 
 
 Laude {Dominick de') abjures Hujfuifm 
 
 IL 2 (Jo 
 His Books condemn 'd ib. 
 
 Lauffenherg, JohnXyLWl. retires thi- 
 ther after his Flight 1. 154 
 He fends a Bull from thence to Con- 
 jiance 1 (S8, 1 tf 9 
 He is attended there by moft of his 
 Prelates and Officers ib. 
 Law (Canon new) oppos'd to the an- 
 cient Difcipline II. ;oo 
 Laws ( Sumptuary ) renew'd at the 
 Couiicil I. 6^1 
 
 Lay-
 
 T A B L E of C O N T EN T S." 
 
 £<jyBi(liops many at that Time I. 551 
 
 Lebui (Bifhoprick in the middle Mar- 
 quifateof Braftiiebor^r^) Jebri lY. tie 
 B.ijfenitz, the Bifliop, his Atten- 
 dance at the Council II. 4.04 
 
 Legates {o? Gregory XII.) 'heir Arrival 
 
 the Caufe of the Broils at the 
 
 Council I. 55 
 
 They caufe their Mader's Arms to 
 
 be put up at Conflance ib. 
 
 jfo/^aXXIlI. takes Snuff at it ib. 
 
 Legends (of the Saints) what Ufe 3'^- 
 foie/ makes of them 1.27s 
 
 heipfick Univerfity founded on the 
 Ruins of that of Prague I. 5 1 
 
 Leo III. (Pope) fubmits to the Judg- 
 ment of Lewis Debonnaire I. ;0i 
 
 Leo X. (Pope) gives the Golden-Rofe 
 to Hdfiry Vin. II. 145 
 
 herius {alibis the Ifle of St. Honor at) 
 inhabited by Monks in the Time of 
 Si.AHjlin II. %6 
 
 Letters reciprocal of 'John XXII. and 
 Sigifmond, about the latter's Coro- 
 nation I. 61, (f 3 
 
 Lett or s from the Council to all Chri- 
 (tendom in Jultitication of their 
 Gondu6t to ^ohn XXIII. I. 180 to 
 
 184. 
 
 Letters (Apoftolical) their fpeedy Exe- 
 cution injoin'd by Martin V. II. 2(fi 
 
 Libels defamatory againft the Council 
 prohibited I. j8y. II. 55 
 
 Liberties (of the Church). SeeGallican, 
 France. 
 
 Liege (yohn Duke of Bavaria, the Bi- 
 
 (hop eled) refigns that Bifhoprick 
 
 ta Martin V. II. 161, i6l 
 
 Sigifinond declares him Count of 
 
 Hainault ib. 
 
 Life (common). See Friers. 
 
 Lignitz (£,ifiy;.f Duke of ) his Voyage 
 to the Holy-Land II. 72 
 
 His Marriages ib. 
 
 His Regale of the Emperor ib. 
 Particulars of it ib. 
 
 The Hujfites ravage his Country ib. 
 He returns to the Council 255 
 
 His Attendance there 414 
 
 Lili;is {^Aloyfiiis, Afttonomer of Rome) 
 
 employ'd by Gregory XII. to rcfornt 
 
 the Calendar II. 381 
 
 Lift (of the Members of the Council) 
 
 an Advertifcment about it IJ. 415, 
 
 416 
 
 Litomijfel {'John de Bucca of Prague, 
 
 Bifhop) accufes the Bohcniiitns in 
 
 Council 1. 156, 287 
 
 His Charafler ib. 
 
 He pleads his Caufe againft the 
 
 Grandees of Bohemia 294, to 
 
 29(J 
 
 He is fent to Prague without Succefsr 
 to pacify the Troubles there -^7,6 
 Some Particulars concerning his 
 Hiflory II. 597 
 
 Lodi {^James Bifhop) his Sermon at the 
 Depofing of John Hus I. 413. 
 See the Lift\>fthe Bipops. 
 His Sermon before the Eleftion of 
 the Pope II. 155, 157 
 
 His Funeral Elogy of Landdph de 
 Maramaur I. 510 
 
 His Sermon at the Condemnation of 
 Jerome of Prague 587 to 589 
 He is refuted by Jerome of Prague 
 
 589 
 
 Lollards, a Branch of the Wickliffites, 
 
 they make a great Noife in England 
 
 II. 240 
 
 Lor/ihardy (Kingdom of) united to the 
 
 En)pire II. 201 
 
 Loup (St. Loup de T'royes in Cham- 
 
 faigne, 'John de Caftello the Abbat) 
 
 his Attendance at the Council II. 
 
 412 
 
 Ltibeck, Quarrels of that City with its 
 
 Maglftrates II. 66 
 
 Lubeck (John de Dalrnene the Bifhop) 
 
 his Attendance at the Council li. 
 
 408 ■ 
 Lucern (Burghers of) their Qtiaircis 
 
 with the Benedidines there II. 194 
 
 See Aff'aJJination. 
 Lucca (Bifliops of) their Privileges 
 
 II.39« ■■ 
 Lucius (Pope) excommunicates thofe 
 who differ in Opinion from the 
 Church of Rome about the Eucharill 
 
 I. 21S 
 Luaa
 
 Table c/ C on t e n t s. 
 
 LtiKa {Peter de) Cardinal. See Bene- 
 
 dia XIII. 
 
 How he received the Deputies of 
 the Council II. 6, 7 
 
 He is excommunicated by the Bull 
 of Holy Thurfday 252. 
 
 Luther {Martin) had an Abhorrence 
 ofJohnlJus's Books at firft Sight 
 I. i(J, 27 
 Whether joh>i Hus predi6tcd his 
 Reformation 447 
 
 His Medallic Hirtory 448 
 
 Lutterworth {li'ickli^ Parfon of that 
 Place where he died) I. 2 14 
 
 Luxer/ihotirg (Dutchefs of ) tiiece to 
 the Emperor, Dowager of An- 
 thony of Brabant^ granted in 
 Marriage to 3i.'» of Bav-ria 
 II. 2<J2. See Liege. 
 Lyons (Archbiflioprick^ See Seas. 
 
 M 
 
 ^AIMBOURG {Lewis) a Je- 
 fuit confuted with regard to 
 'John Hus I. 41, 4i 
 
 and to SigifmontTs llifc-Condu6t 
 
 8(J, 87 
 He makes a fcandalous Parallel be- 
 twixt St. Fcter and j?o^» XXIII. 
 
 510 
 Is correded with regard to Sigif- 
 mond II. 15, \6 
 
 Matnfred^ a Dominican of Verceil 
 in Savoy^ his Prophecies II. 282 
 He inllitutes the Order of Peni- 
 tence ib. 
 Mainfred {de la Croix) See Isiiiin. 
 Maifon-neuve {Menerd de) a Bohemian 
 Nobleman, his Advice to Sigif- 
 mond II. 115 
 yialatejla {Charles Lord of Rimini) 
 always prote£ted Gregory XII. 
 
 1. c8 
 
 Is appointed a Comniiflioner for his 
 
 Refignation 250 
 
 His Arrival at Conjlance 595 
 
 The Lords of Malatejla make their 
 
 Apology in Council 558 
 
 MaLteJla (tandalph) his Quarrel with 
 
 the Duke of Milan II. z8o 
 
 Maldouicvitz {Peter a HuJJite Notary) 
 he defends /j/j» Hus at the Coun- 
 cil I. 322, 925 
 Malo (St. in Bretagne, Robert the Bi- 
 fliop) hisAttendanceatihe Coun- 
 cil II. 4oa 
 Manners (of theCIerg\) Regulations 
 of the reforming Clergy there- 
 upon II. 3J9 
 Manuel (Embaflador of the Emperor. 
 
 See Paleologus. 
 Maramatir {Lnndulph) Cardinal his Ar- 
 rival at Conjlance I. 49 
 His Negotiations ib. 
 His Death 520 
 Margaret [Sz.) her Legend I. 272 
 Marin confounded with Martin 
 
 II. 187 
 Marie {Henry de) Chancellor of France 
 will not content to the Treaty of 
 Montereatt II. 2 54. 
 
 Marriage (of Prieftsj prohibited by 
 the Church of Rome II. 198 
 
 Marriages between the Greeks and 
 Latins II. 225 
 
 Preferable to their Whoredoms 327 
 Martin, How many Popes have been 
 called by that Name II. 1^4 
 Martin V. {Pope) his Dignity and 
 Employments before he was 
 Pope II. i(f5 
 
 His Charafter \66 
 
 His Letter to Ladijlaus Magellan, 
 with regard to the Marriage of 
 Frederic II. of Brandebourg, to 
 a Princefs of Poland ib. 
 
 He pretends that the Burgraves of 
 Brandebourg, are of the Colonna 
 Family 167 
 
 The Emperor falls prodrate before 
 him 173 
 
 Remarks upon his profound Sub- 
 million 174 
 His inthronifation ib. 
 Defcription of that Ceremony ib. 
 
 and 175 
 He is made Deacon, Prieft and Bi- 
 fliop ib. 
 
 His Confecration, with the Parti- 
 culars
 
 Table <?/ Contents. 
 
 culars of that Ceremony 175 to 
 
 Sermon of an Armgonefe Dofbor 
 upon that Occafion 177 
 
 Ceremony of his Coronation 181 
 
 He gives his Benedidlion to the 
 "Jews 185 
 
 Notifies his Eieftion all over 
 Europe ib. 
 
 To the Univerfity of Cohgn 185 
 
 To that of Heidelbrrg 1 88 
 
 To the Kings of England and Scot- 
 land ib. 
 
 He caufes the Rules of the Roman 
 Chancery to be drawn up the 
 very Day after his Eledion 189 
 
 He promifes to labour for the Re- 
 formation 1 90 
 
 He fwears to the Confeflion made 
 by Boniface VIII. 194. See 
 Confejfion of Faith. 
 
 His Recognition and Coronation of 
 Sigifrnond King of the Romans 
 
 200 
 
 He prelents a Scheme of Reforma- 
 tion to the Deputies of the Na- 
 tions 209 to 114 
 
 His Letter to the Emperors of 
 the Eafl 122 
 
 The EmbalTy from thofe Empe- 
 rors to Martin V. ib. 
 
 His Bull againft the HuJJltes 234 
 
 The Superiority of General Coun- 
 cils confelled in that Bull 2?8 
 
 He takes the fume Courle as other 
 Popes after his Eleftion 245 
 
 His Conftiiution againft Appeals 
 from the Pope's Sentence 245 
 
 His Declaration that he has com- 
 ply'd with the Decrees for Re- 
 formarion 250 
 
 A Reflcftion upon it 251 
 
 His Bull for difmiffing the Council 
 
 He repeals the Liberties of the 
 Giz/i'/c./a Church 271 
 
 His Grant to Sigifmond of a Year's 
 Tenths upon the Clergy of Ger- 
 many 471, 272 
 
 The Churches of Gcrraany oppofe 
 it ib. 
 
 He does not obferve his Concordate 
 with the Englifb 27^ 
 
 He fets out for Italy., notwith- 
 ftanding the Emperor's Inftauces 
 
 174 
 The Ceremony of kis Departure 
 
 His Route 2 7(5 
 
 His Condiict at Geneva 278, 27^ 
 At Milan, Mantua and Florence 
 280, 281 
 The Infult put upon him by the 
 Florentine! ib. 
 
 His Reconciliation with them 284 
 He is for revoking the Statute ©f 
 Premunire, made by the Parlia- 
 ment of England 290, 291 
 Martyrdom, the Zeal for it cool'd II- 
 
 197 
 Martyrs, 'John Hus and "Jerome of 
 Prague declared fuch I. 506 
 
 Mafs, it cannot be proved that 'twas 
 inftituted by Jcfus Chrift I. 218 
 This Article of Widliff con- 
 demned ib. 
 The Friefts ought never to celebrate 
 it, becaufe as they explain it, 'tis 
 blafphemous 257 
 Several Parts and Forms of the 
 Mafs explained II. 207, 208 
 Mafs (Canon) who were the Au- 
 thors of it II. 382. 
 The Variation in it 382, 383. See 
 Gr^^crylll. deleflra III. 
 Majfacre of feveral Prelates and great 
 Lords at Paris !• 5 1 7 
 "Matthias {de Lanaw) called the Pari- 
 fian ( Parfon of Prague ) he 
 preaches and adminifters the Com- 
 munion in both Kinds, and re- 
 cants I. 157 
 His Charader ib. 
 Maurice (Divinity-Profeflbr at Pragtie,. 
 an Advcrlary of John Hus) 
 preaches as Ilrenuoufly againft the 
 Diforders of the Clergy, as "John 
 Hhs II. 75, 7(5 
 
 His
 
 Tabl e (?/Co.ntent s. 
 
 -His Treatife againft Jacobel i«?5 to 
 
 198 
 
 ^iiiirtcnue (St. John de^ in Safoy, A- 
 madcui Birtiop of j his Attendance 
 ac the Council II. 402 
 
 Maximilhra (Emperor) finds Fault 
 with the Excommunication of John 
 Hus 1. 450 
 
 Mazovia (^Conrad Dnke of) his Preten- 
 fions upon PruJJia I 247 
 
 Mecklembcrg (/llbert Duke of) his Ar- 
 rival ac Couftance and Retinue If. 
 
 414 
 Medals. See John Hus. 
 Medich {Catherine a Queen O? France) 
 demands the Abolition of the De- 
 cree prohibiting Faith to be i^ept with 
 Hereticks I. 5i<f 
 
 3Iedic:s ( Cofrno de ) protefts John 
 XXIII. II. 281 
 
 "Mey/iher. See Reformation of the 
 
 Church. 
 
 Memorials, feveral concerning the U- 
 
 nion and Reformation of the 
 
 Cnurch I- 70 cs''^- 
 
 Of Cardinals devoted to the Pope 
 
 lO. 
 Of other Cardinals 72 
 
 Of the Cardinal of Cambray ib. 
 Againft :)ohH XXIII. fupprels'd 
 
 irj 
 
 "Mentz ijohn II. of Naffau., Archbi- 
 
 Ihop of) is in the Interdt of 
 
 •JohnXXm. 1.18,122 
 
 His Arrival at the Council 1 1 5 
 
 Appears in the Habit of a Soldier 
 
 ib. 
 He fends his Apology to the Coun- 
 cil 209, 210, 6oi 
 He receives the Invelliture of the 
 Eleftorate of i1/ra<'^ 11-5 5 
 He unices the Princes of the Rhine 
 together api, 292. 
 His Death ib. 
 Merit (oi WorksJ believ'd by 'John 
 Hns I. 456 
 Xfletz. {Raoul de Courci, Bifliop of his 
 Attendance at the Council II. 
 
 405 
 He is made Bifliop of Noyon tb. 
 
 Mettrs {T'hierri de) is made Archbi- 
 r[ (hop of Cologn I- 551 
 
 - His Competitorfliip for that Archbi- 
 - fhoprick with IVilliarn Duke of 
 Berg 619 
 
 Middleton ( Richard de ) an Eaglijh 
 School -Divine of theXIIIth Cen- 
 tury, detells ihofe wuo held that 
 Jefus Chrilt is only typically pre- 
 fent in the Eucharitl I. 218 
 
 He authorizes the with-holding the 
 Cup from tne Laity ^66 
 
 Milan (Xhinfred de l.i Croix) Ambaiia- 
 dor from the Duke of Ulilan I. 
 
 »i5 
 
 He does Homage in his Mailer's 
 
 Name to Sigijmond for the Mila- 
 
 nei'e ib. II. 217 
 
 His Speech I. 115 
 
 UiUn {Pi>iijf>-Miiry Dukeof) hisTreaty 
 
 wil'i S:(tf,nund II. 21 J 
 
 Conaitioiis ^f it iy^ 
 
 His Coi.q .elis over the Ge«»f/? ib. 
 His Treachery to the Governor of 
 Lodi 21S 
 
 He cu s off the Head of his Wife 
 Beatrix 1 endx jb. 
 
 His Obligitioos to her ib. 
 
 ]\.il:in (Capita; of tlie MiLnefe) put 
 under an Inierdicl by the (council 
 of Conjiance li. 404 
 
 Minderjw, or Augia Mtno,-.^ an Ab:ey 
 of the Order or Prefnonjimnts in Sua- 
 bia(Gi'.eiriMig \h>M of) his Atten- 
 dance at the Cui ncJ H. 412, 
 Minor (Friers Frunctfcan) Regulation 
 about them I. 515. See Liemar- 
 dines. 
 Mife {f^xmes de) or "Jacobel., (lands by 
 John Hus at Prague., in the Artair 
 of the three Voices I. 50 
 He preaches \ip the Communioi. in 
 both Kiiids, and oppofeb tne with- 
 holding of the Cup I. 257, 258 
 His Tradts upon that Subjed ib. 
 
 His Anfwer to feveral Treatifes a- 
 
 gainll him 265 to 279 
 
 He confutes the Decifions of the 
 
 Dodors
 
 T A B L E <?/ C d N T k N T s'^ 
 
 Doflors of the Council upon 
 
 that Head 367 to 372 
 
 His Invefliveagainft the Church and 
 
 Court of ^o>we 370,371 
 
 His Invedive againft the Council of 
 
 Conjlance ib. 
 
 His Books condemn'd to the Flames 
 
 II. 234 
 
 His Doftrine about theEucharift ex- 
 
 plain'd 232, 234 
 
 Monafleries (of Women) places of 
 
 Debauchery II. 305 
 
 Manks (Mendicant) difturb the Uni- 
 
 verfity of Oxford I. 270 
 
 Are all Hercticks 222 
 
 This Article of WtckUff condemn'd 
 
 /•fe. 
 They who give Alms are i^fo faito 
 excommunicated 224 
 
 Wickliff treats them as Hereticks 
 
 222, 237 
 Exemptions of Monks an Abufe 
 
 521 
 Regulation of the Reforming Col- 
 lege about them II. 51^4 to 371 
 They are forbid to be alone 5<J7 
 Their Ufurpations on the Rights of 
 the Ordinaries ih. 
 
 MoHtaign (Gerard, Bifhop of Paris') af- 
 fembles a Council there againft the 
 Dodrine of John Petit I. 376, 377 
 Mdntereau (a City of France') the Peace 
 of MontereaH difturb'd by the Ar- 
 magnacs II. 254 
 
 Montfort {Rudolph Count de) holds the 
 Bridle of the Pope's Horfe as he en- 
 ter'd into Conftance I. ip 
 
 Montpellier (Council of) its Rule a- 
 gainft the Quxllors 11.385 
 
 YAoom (new) how they are counted 
 
 11.378 
 
 tAorimmd Abbey, in the Duchy of 
 
 Har QJohn de Bretigne tfie Abbat) 
 
 his Attendance at the Council II. 
 
 411 
 
 M»rin (Jordan, Dodor of Paris) was 
 
 nominated on the part of France in 
 
 the Affair of John Petit I. 378 
 
 Morofifti ( Peter ) Cardinal-Deacon, 
 
 was not at the Eledion of Mar- 
 ''■« V II. I6-0 
 
 Hi? Ncgociations 185 
 
 Hi^ Death ib. 
 
 MuWrunn (Abbey of Ciflertians in the 
 
 Dioccfe of Spire, '/lUert de Utte- 
 
 Jheim the Abb_tJ his Attendance 
 
 at the Council H. 41 1 
 
 Foundation of that Abbey ib. 
 
 Munfler {Tbciduruk d.) Deputy of the 
 
 Univeriity of Co!o2n, haranoues 
 
 >-6^XX!fI. I. 150 
 
 His Sermon upon the Reformation 
 
 559) 5"^^ 
 
 Munjlerberg {John Otho de) a Sileftan, 
 was the firlt Rcdor of the Univer- 
 fity ot' Le/pjick I. -I 
 
 Misk prefented to the Pope to repre- 
 fent the Fragrancy of good Works 
 
 II. 179 
 
 N 
 
 "^JJMES^ Inftances of illullrious 
 Perfons who bore the Names of 
 their Towns and Villages I. 
 
 2 2 2 ? 
 
 Naples. See Ladijlaus of Hungary 
 
 Narbonne (Francis de Confier, Archbi- 
 
 fliop of) his Letter to the Cardinals 
 
 of the Council I. >^^7^^ 5.^4. 
 
 Narbonne, Capitulation there in twelve 
 
 Articles 1.54810551 
 
 TTie Obfervation of it fvvorn in full 
 
 Council , j2, 555 
 
 Nafo (a German Doftor) he v\ as one 
 
 of '3o!.m Hmh Accufers at his pub- 
 
 lick Hearing 
 
 I. 
 
 An Accufer alfo oijeromeof Prague 
 
 522 
 
 He accufes the four Cardinals, who 
 were Jerome^ Commiffioners, of 
 Parriality ,-^_ 
 
 As Prcfident of the German Nation 
 he preffes the Affair of theRefor- 
 ni«ion ,5, 
 
 His Fury again ll Hereticks ib. 
 
 Najfau {Jolmll. Archbilhop of Mtf»a) 
 
 See Mentz. 
 
 M m m m Nations
 
 T A B L E of C O N TENT sJ 
 
 Natie»s, they vote in Council by Na- 
 tions and not by Perfons I. Ill, 
 
 112 
 
 The Divifion of the Council at firft 
 
 into four Nations only 114 
 
 The Order obferv'd among them 
 
 Frequent Divifions among them 
 
 124, lij 
 
 Their Refolution to continue the 
 
 Council after the Withdrawing of 
 
 the Pope 152 
 
 Every Nation wanted a Pope of its 
 
 own Country H- 165 
 
 But the Ger/naits and the En^l'tjh^ 
 
 for Peace-fake, give up their Claim 
 
 \6\ 
 The French and Spaniards refufe to 
 
 do it ib. 
 
 All the Nations of the Council dif- 
 
 gufted with M<«r^/« V. 175 
 
 Navarre (Charles King of) Arrival of 
 
 his Deputies at the Council I. 
 
 Great QuarreLabout it among the 
 Nations ib. 
 
 Nazareth (^Nicholas BilTiop of j gives 
 Job/i Hus the Charafter of Ortho- 
 doxy I. 38 
 Neccjfity ('abfoluteNeceflity) the caufe 
 of every Thing \. zi6 
 This Article of ^/^rX'/Z/f condemn'd 
 
 ib. 
 
 Nelkfihurg {Eherhard Count de) a 
 
 Counfellor of the Emperor, was 
 
 at the Conference of Lodi I. 16 
 
 His Arrival at Conftaace ib. 
 
 He is Proteftor of the Council in 
 
 the Abfence of the Eleftor Palatine 
 
 554, 601 
 
 t^enniKgen {Anfelm de) a Competitor 
 
 with Grafenec, for the Biflioprick of 
 
 At'-^ibotirg II. •^<)<). See Angsbturg. 
 
 Nice (a City of Provence^ Sigifmond 
 
 promifes to go thither to confer 
 
 with the King of /^rr^^fow I. 118 
 
 The firft Nicene Council, its Rule 
 
 about the Celebration oi'EaJler 
 
 !!• 375, 57P 
 
 The fecond Nicene Council, its 
 Rules againft the Monks 355 
 Nicholas V. (Pope) his irnpofitions up- 
 on the Clergy II. 340 
 Nicopolis (a City of Bulgaria') Vidory 
 gaiii'd there by the T'urks II. 283 
 Nieder {John the Dominican') his Trea- 
 tife of Vilions II. 8p 
 His Charader of the Flagellants un- 
 der the Name of Regards 90, 91 
 Niem (Thecd^rici de) Secretary to John 
 XXIII. afferts the Right of the 
 Emperors in the EleSion of the 
 Popes I. 7 
 His Account of the Death of La- 
 dijlans 9 
 His Apology for the German Nation 
 
 586, 587 
 His Teftiinony of the Conftancy of 
 yerome of Prague 593 
 
 His Charafter, Hiftory, Writings 
 and Death 603 , ^04 
 
 Nitard (^Henry de) fent by the Arch- 
 bifhop of Mentz to make his Apolo- 
 gy I. 60Z 
 Nola, two Cities of that Njme in 
 Italy II. 407 
 NorriiJohn de) nominated by the King 
 of France to the Archbiilioprick of 
 Sens, See Savoify. 
 Notaries., a Regulation of the Reform- 
 ing College about them II. 549 
 Nouvella (of Jujlinian') condemn Si- 
 mony II. ib. 
 Nuns, a Regulation of the Reforming 
 College about them II. 370, 371 
 Nurerfiberg {Frede;ick Burgrave de) ar- 
 rives at Conftunce wi h Sigifmond 
 and carries the Seep. re I. 77, 78 
 See Martin V. Pope. 
 He receives the Inveftiture of the 
 Eleflorate of Brandebourg II. 
 
 6-, dS 
 He appears with Splendor at the 
 Council ib 
 
 His Patents for the EleSorate ib. 
 His Complaints agaiall the Dukes of 
 Pomerania 6p 
 
 His Protr.ife of Afilftmce to Sigif- 
 mond againlt the HaJJites 70 
 
 The
 
 Table 0/ C o n t e n t s J 
 
 The Ceremonies of FeJertck's Invef- 
 titure 70, 71 
 
 He marries his Daughter to the 
 Duke of Ligttitz 7^ 
 
 He yields the Eledorate of Saxony 
 to Federick of M'tfaia 73 
 
 He humbles Lewis of Bavaria of 
 litgoldflat ib. 
 
 He marries one of his Daughters 
 to the Duite of Mcckleinbourg ib. 
 
 Another to the Duke of Lunen- 
 hourg 74. 
 
 His unfuccefsful' March agnlnft the 
 Hujfitcs ib. 
 
 He appoints Frederick his fecond Sou 
 for his Sacceffor ib. 
 
 His Death and Panegyric ib. 
 
 Nuremberg, Conference of John Hits 
 
 with the Clergy of that City I. 4:, 
 
 4a 
 Nuremberg {John Burgrave of j go- 
 verns Brandebotirg with Succefs 
 in his Father's Abfence II. 74 
 
 He acquiefces, though he was the 
 
 eldeft Son, in his Father's Choice 
 
 of his fecond Son to fucceed 
 
 him ih. 
 
 Frederick II. fucceeds Frederick I. his 
 
 Father ib. 
 
 O 
 
 /\ A T H S ioT confirming human 
 
 ^ ContiaSs, unlawful I. 250, 251 
 
 Tiiis Article of ^'/V^//^ condemn 'd 
 
 ib. 
 
 Oaths taken in Ecclefiaftical Elecli- 
 
 ons II. 355 
 
 Obedioice (real of a Pope) what it is 
 
 I. 611 to 616 
 
 Obligation or Contract of Perfons 
 
 promoted to Polls an the Court of 
 
 Rome II. 1 54, 155 
 
 Objlinacy, the EfTence of Herefy I. 
 
 587, 588 
 
 Office (Divine) how it ought to be 
 
 celebrated II. 525 
 
 Officers ( of the Court of Rome ) 
 
 who they are that ought to take 
 Orders II. 347 
 
 Old Women, their Right to alTeniblc a 
 Council on the Failure of the Popes 
 and Princes II. 314 
 
 Oldcajlle {John Cobhatn an Er-tgliflj 
 Nobleman) executed for U'icklif- 
 fifm II. 240 
 
 Orders (Monadic) the Multitude of 
 them cenfurod I. 457 
 
 Orders ('Ecckfiaftic) all Biihops and 
 beaeficed Priefts obliged to receive 
 them II. 354 
 
 Ordination engrofs'd by the Bifliops, 
 from their Ambition and Avarice I. 
 
 22<J 
 
 This Article o[ IVickliff condemned 
 
 ib. 
 
 Origen cenfures Simony II. 349 
 
 Orleans {Lewis de) affaffinated by 
 
 Order of the Duke of Burgmjdy I. 
 
 372, 375 
 Orleans (the Maid of Orleans) (lie 
 carried the Standard at the (coro- 
 nation of CharUi VII. II. 398 
 Ornaments given to the Pope ele6i II. 
 178, 179, 180 
 Orphans, the Hujfites fo called when 
 they had loft Z'lfca. II. 243 
 Ofiia (Bifliops of) their Prerogative 
 to confer facred Orders on the Pope 
 ele£l II. 175 
 Oiho I. Emperor, affembles two Coun- 
 cils at Rome II. 514 
 Oxford Ur.iverfity, favourable to IVick- 
 liff I. 211 
 U'lckUff^s Works are read there 30 
 Years after his Death 215 
 They give him an advantageous 
 CharaSer ,'^. 
 A Difcuffion upon it ib. 
 The Seal of that Univerfity very 
 much negledled /^. 
 A great number of Wickliff's Ar- 
 ticles Condemn'd in it 2 i(J 
 li'ickliff^s Bones are there dug out 
 of the Ground and burnt ib. 
 
 Mm m m 
 
 0.xford
 
 Table of Conte iNT s".' 
 
 Oxferd (Council of) Fornication 
 thereby prohibited to tlie Priefts 
 
 II. 3 5P 
 
 PAGANS excommunicated by 
 the Bull of Holy Thurfday II. 
 
 252 
 Palatine (Eleftor), See Bavaria. 
 Palatine {Otho and Henry Princes). See 
 
 Bavaria. 
 Falealogus (John) Emperor of the 
 Eaft, his Accommodation with 
 the L<7//» Church II. 222, 223 
 His SuccefTor Manuel oppofes it il>. 
 Paletz (Stephen) one of the chief Ad- 
 verlaries of ^ohn Hits, arrives at 
 Conftanct !• 57 
 
 He was once his intimate Friend, 
 but turned his Enemy on account 
 oiJohny.-:^\\\\CroSade 58 
 
 His Trad againft 'iiohn Hus, enti- 
 tuled Anti-Hus ib. 
 
 His Injuftice to John Hus at a pri- 
 vate Hearing 66 
 He joins with Michael de Caufis, 
 another Adverfary of John Hus, 
 to get him condemned 58 
 They exhibit Articles againfl John 
 Hus to the Pope and Cardinals ib. 
 They endeavour to get him ap- 
 prehended ib. 
 Pall, the Cloak or Ornament of the 
 Archbifiiops, given to the Pope 
 eled II. 180 
 Pancerin Anthony Cardinal, his Re- 
 tinue at the Council, and his Broils 
 with Gregory XII. II. 593 
 Pandel (Cardinal) of Gregory XII's 
 Obedience,dies at Cei;fianeel.^'i6 
 Is interred without Ceremony be- 
 caufe he was poor ib. 
 Pantheon (Teirpie of all the Pagan 
 Idols) becomes the Church of All- 
 
 Saints 
 
 II. 
 
 Papenheim (Count de) is Hereditary 
 Marfhal of the Empire U. 155 
 
 P(«m (Univerfity of) Arrival of its 
 Deputiiss at the Council I. 1 1 5 
 
 They are introduced by Siglfmand 
 
 to the German "biiuon. 11^ 
 
 His Exhortation to them to promote 
 
 the ProjeS of Refignation ib. 
 
 Their Conclufion concerning the 
 
 Superiority of the Council 141 
 
 Letters from the Univerlity to its 
 
 Deputies, to the Fathers of the 
 
 Council, and to the Emperor 
 
 190 to 193, 249 
 
 To the Prelates and Italian Do6Iors 
 
 Their fevere Decree againft ithe 
 Hujjfites 5 J tf' 
 
 Affembly or Council of Paris a- 
 gainft the Doctrine of ^ohn Petit 
 
 ^ 377, 378 
 
 They difavow Gerfon's Proceedings 
 
 in that Affair 474 
 
 Their Letter to the City oi Roan II. 
 
 287, 288 
 They are forced to revoke their Pro- 
 ceedings againft the Duke of Bur- 
 gf^tiy ib. 
 
 Parliament of Paris maintains the Li- 
 berties of the Gallican Church II. 
 
 289 
 Pajfage (general for the Holy-Land) 
 
 II. 5iO, 321 
 Pajfau (George de Hohenloe, BiiTiop of) 
 is made the Emperor's great Chan- 
 cellor II, ipp, 404 
 He is fent by the Emperor to the 
 Miianefe j j y 
 Patrimony (St. Peter's) ill managed 
 
 II. 511 
 
 Pavta, City chofe for holding the firft 
 
 General Council II. 260 
 
 This Prerogative difapproved by the 
 
 French ,7,. 
 
 Pavia (Marfille de) his Writings againft 
 
 the Court of Rome II. joy 
 
 Paul (PAnglois, a School Divine of 
 
 the XVth Century) his Defcription 
 
 of the Church of Rome I. ^69 
 
 PenifcoU (Ifland in Arragon) Peter de 
 
 Luna aflerts the Church to be th^TC 
 
 II. 8. 
 His Retreat to that Ifland 44,45, 4^ 
 The Situation of it in the Do- 
 main
 
 Ta B L E P/ C ON TEN T S^ 
 
 main of the Knights of Rhtdet 
 
 2 to 
 
 The King of Arragon wants Mar- 
 
 titt V. to give it to him 220, 221 
 
 PeMitence {'Order of) See 'Mainfred. 
 
 Penitentiary {^Roman) its Officers the 
 
 Opinion of the Germans about it 
 
 II. »04 
 XLVII Writers of the Peniten- 
 tiary at the Council with each an 
 Attendant 11.415 
 
 Penitentiary fGrand of the Church of 
 Rome) takes Cognizance of the 
 Cafes rplcived to the Popes II. 542 
 Penitentiaries (of the Apoftolicic 
 Chamber) Regulation of the reform- 
 ing College about hem II. 347 
 People may corre6t their Sovereigns 
 when they pleafe I. 223 
 
 This Article of IVickliff condemn'd 
 
 ib. 
 He complains that his Article is fal- 
 fify'd ib. 
 
 Percy (Lord) Earl Marfhal of Eng- 
 land, a Friend to WicUiff I. 212 
 Perfignan. See Benediii XIII. (Pope,) 
 Sigifmond 
 A Fire in that Town i- ^^9 
 
 Ptfaro in the Duchy of Urhino (Bar- 
 tMomew B\(hop of) his Attendance 
 at the Council of Conjlance II. 
 
 408 
 Peter St. Apoftle, cenfured by Saint 
 Paul II. 24^ 
 
 His Humility ib. 
 
 P eterhatifen. See BenediJlins. 
 Peterhartfen ( Abbey of Benedi^ins 
 near Conjlance) John Frey the Ab- 
 bot II- 411 
 He holds a Chapter of Benediciins 
 there ib. 
 "Martin V. gives him the Mitre ib. 
 Petit {Denis le) his Calculation of 
 Time II. 578 
 Petit (Join) a Cordelier, a Couiifel- 
 lor and Advocate to the Duke ot 
 Burgundy) his fcandalous Propofi- 
 tions agaiuft the Lives of Kings I. 
 372 to 37^ 
 His Death 37(5' 
 
 His Propofitioii condemned iti the 
 Aflembly of Paris 3 7 <J, 3 7 7 
 
 His Propofitions brought upon the 
 Tapis in Council 378 to 385, 
 391 to 393, 395, 474 t0 48S, 
 500 to 504, 538, 539, 557, 
 560, 5<i, 5^4 to j<8, 5^9, 
 
 570, 579, 583, tfl2, *2i, tfa», 
 
 624. 
 Aflembly of the French Nation np- 
 on that Affair ^66, ^c. 
 
 His general Propofition condemned 
 by the Nations 427 
 
 Martin V. refufes to ratify the Con- 
 demnation n. 229 
 Gerfon's Refledion upon his Refufal 
 
 ib. 230 
 
 Petrarch (Francis) hls Writings againll 
 
 the Court of Kame II. 307 
 
 Picards (Sedaries) joyn with the 
 
 Hujfites 11. 241 
 
 Why they are fo called ib. 
 
 Zifca extirpates them ib. 
 
 Ptdet (Divinity ProfefTor at Geneva) 
 
 his Letter about John d* Brogni I. 
 
 i« 
 Pileas (Archbifhop of Gema). See 
 
 Ge»oa. 
 Pillage, the Council forbids the pil- 
 laging of the Houfe of the Cardf- 
 nal who is chofe Pope II. 161 
 
 Pifa (Council of) the ill Succefs of 
 it I. t 
 
 The Italian Cardinals will have the 
 Council of Conjlance to be only 
 a Continuation of it 70 
 
 A fiiort Hiilory of what paffed at 
 the Council of Pifa II. 507, 
 
 308 
 Pius I. ( Pope ) his pretended De- 
 cree again il the Negligence of the 
 Priefts iu the Celr;bration of Mafs 
 
 I. 2(f3 
 
 Pius II. (Pope) his Iinpofitions on 
 t'lc Cleigy II. 340 
 
 Of ,iofed by rhf Germans ib. 
 
 Ke is for ptnuittiug the Prieds to 
 marry 3^0 
 
 Placc-.tza (Council of) forbids For- 
 nication to the Prieib II. 559 
 
 Plaemza
 
 Table <?/ Co n'tents; 
 
 PlicefiM (Bartholomew Caccia, Bi- 
 
 (hop of ) his Retinue at the Coim- 
 
 cil II. 402 
 
 Plamhe (Bei-aard In) a Trench Beae- 
 
 difliii wlio vv^as deputed from 
 
 the Council to B^w^/dZ XIII. 1.44. 
 
 His Speech at the Council 48 
 
 I>latul {Peter) Dodor o^ Paris, BiOiOp 
 
 of Se-/iHs is appointed Commit- 
 
 fioner againft the HuJJites I. 5 1 7 
 
 Is murdered at Paris ib, 
 
 Platiita (Lives of the Popes in Jul. I.) 
 
 is caftrated in that place II. 545 
 
 Poggitis the Florentine, his Letter on 
 
 the Execution of Jerome of Prague 
 
 I. 5P4 to 5P9 
 
 He was Secretary to feveral Popes. 
 
 See Preface xiv, xxxix. 
 
 His Charafter ib. 
 
 The Difcovery he made of feveral 
 
 MSS. in Germany 599 
 
 He learns the Hebrew Tongue at 
 
 Conjiance ib- 
 
 He makes a Funeral Elogy on Za- 
 
 harella. II. I 50 
 
 Voiiiiers ( Council of ) forbids the 
 
 Priefts Fornication H- 3 59 
 
 Prohibits the railing of Money by 
 
 the expofing of Relicks II. 584 
 
 Poland (Ladiflaiis King of ) Arrival 
 
 of his Embadadors at the Council 
 
 I. 114, 115 
 
 Poles call the Teutonic Knights to their 
 
 Aid againft the Priijfians I. 248 
 They give the Knights fome Coun- 
 tries, and what they can conquer 
 
 from Prujfia ib. 
 
 They fend a new EmbafTy to the 
 
 Council 527 
 
 Another to Sultan Mahomet ib. 
 They demand the Condemnation of 
 
 Falckenberg's Book by Martin V. 
 
 II. z6^. See Falckefiberg. 
 Upon his Refufal they appeal to the 
 
 next Council ib. 
 
 They retire from the Council in 
 
 difguft 275 
 
 As to their Quarrels with the TeH- 
 
 toaick Order. See Knights, Vo- 
 hdimir. 
 
 Polet (John) Inquilitor of the Faith 
 in France, joins with the Bifliop of 
 Paris againft the Dodrine of ^ohn 
 Petit 1.375, 377 
 
 Poliac (John de") Divinity - ProfefTor 
 afferts that the Pope has no Right to 
 grant the Monks the Privilege of 
 confeffing, to the Prejudice of the 
 
 Parifh-Priefts 
 
 II. 
 
 Pomerania, Otho and CaJimir,'Dv.ke^ of, 
 put under the Ban of the Emp're 
 
 li. 70 
 Popes are obliged to obey General 
 Councils I. I 72,453, n. 314, 315 
 According to the new Canon Law 
 they are only accountable to 
 God, and 'tis unlawful to appeal 
 from their Judgment I. 20a 
 
 II. 31a 
 They are only the Difpenfers of the 
 Revenues of the Church II. aoff 
 They may be Simoniacal ib. 
 
 According to the old Canons 'tis 
 lawful to appeal from their Judg- 
 ment I. 440, 44 E 
 The World might do without Popes 
 
 1.445 
 Their Ufurpations and Tyranny 
 
 II. 300, 331 
 
 How much they fuffer by it ib. 
 They may be depofed 312, 535 
 Their limited Authority 324, 325, 
 ^c. I!. 335 
 Porree (Martin) Bifhop of Arras, h\s 
 earnert Defence of the Duke of 
 Burgundy \. 378, 37?, 41(5, 477 
 He challenges the Cardinal of Cam- 
 bray in Matters of Faith 5S9, 
 
 _ 391, 500 
 
 Reafons of his fo doing 591 
 
 He prefents a Memorial againft GVr- 
 
 fi» 395, 39<y, 4<J5 
 
 He pleads againft Peter d'yiilli m 
 
 favour of John Petu jqo, 50a 
 Gerfon confutes him 575) to 581. 
 
 P»rtugal
 
 Table 0/ C o n t e'n t $.~ 
 
 Portugal Qohn King of ) his Conquerts 
 in Africa 1 (J05, 11. ii4 
 
 Portugal {J '.hn, c.iU'd the Cardinal of 
 Portug.il) whether he was at the 
 Council of Confitinee II. 394 
 
 Pojlulations (for a Benefice) the Mean- 
 ing thereof I 571 
 Power (Ecclefiaftick) wherein it rehdes 
 
 I. ^09 
 
 Poyfou, whether Ladijlaus of Najtles 
 
 dy'd of it I. 9, 10 
 
 Prague (Univerfity of) the Quarrels 
 
 of the Germans and Bohe-mians in 
 
 that Univerfity !• 30> 5' 
 
 The latter being fupported by John 
 
 Hhs, prevail over the former 331. 
 
 The Germans retire from Pragy.e by 
 
 Thoufands 3 1 
 
 The Univerfity declares for the 
 
 Communion in both Kinds II. 
 
 59 
 
 Prague, the Communion in both Kinds 
 
 publickly preach'd up there I. 257, 
 
 258 
 
 Prayers (Firft J theAffair difcufs'd in the 
 
 Coancil I. 559 
 
 The particular Prayers of Prelates or 
 
 Friers of no more Avail than the 
 
 general Prayers 214 
 
 This Article of ^-^irW^condemn'd 
 
 tb. 
 
 The Prayer of a Reprobate is of no 
 
 Avail ' 225 
 
 This Article of ^/Vif//^condcmn'd 
 
 ib. 
 Preacher (^Hnfjite'). See Sermons. 
 Preaching (of the Gofpelj the chief 
 Fundion of Bifhops 11. 303 
 
 Abufe of it 50 5, isfc. 
 
 Prebends ('of the Canons) a Regulation 
 of the Retorrning College concern- 
 ing them II. 3(Ji, 3^2 
 Precatit'tons (againfl the Negligence of 
 the officiating Priefts) I. 261. See 
 Pitts I. 
 Prentzi.w (the Capital odJckermarck) 
 recover'J II. 74 
 Prcshourg (Council of) forbids Piiells 
 Fornicanoa II. 359 
 Prefcnce (corporal) Jefus Chrift is noc 
 
 corporally prefent in the Eucharift 
 
 I.218 
 
 This Article of W-^/VW/^ condemn'd 
 
 ib. 
 The Prefence of Jefus Chrift in the 
 Eucharirt real, tho' not corporal 
 235, 237 
 PrefentsmndiQ to the Pope newly elec- 
 ted II. I7P 
 Prezibram (a Bohemiaft Do6lor) de- 
 fends Johyi Hiis at Prague in the Af- 
 fair of the three Voices I. 30 
 Priejls ought to be admitted to the 
 Council I. no 
 The Pope is only the chief of the 
 Priefts ib. 
 A Prieft may preach God's Word 
 without Authority from the Apo- 
 ftoHck See or the Bilhop 228 
 This Article of //7f^//^ condemn'd 
 
 ib. 
 
 Princes {Temporal) are the Fathers, 
 
 Fhyficians , and Surgeons of the 
 
 Church II. 314. 
 
 Privileges granted by the Emperor to 
 
 feveral Towns 11. 67 
 
 Proceffions for the Safety of the Church 
 
 I. 451 
 
 Procejjions for the happy Return of the 
 
 Emperor II. 6 
 
 For meeting him 23 
 
 Round the Conclave \6z 
 
 After the Coronation of the Pope 
 
 182 
 
 Procurations of the Bifhops, what they 
 
 are II. 159 
 
 Decree of the Council thereupon 
 
 /'/'. and 337 
 
 Profejfion (of Faith) what is incumbent 
 
 on the Pope eleft II. 133, 134 
 
 That of Bomface VIII. ih. 151J, 
 
 194,195 
 
 Father Garnier\ Di/Iertntion upon 
 
 thofe Proftflions of Faith i3(?. 
 
 When they ceas'd and reviv'd ib. 
 Prop-iiay (of Eftates) prohibited to the 
 
 Monies 11-3 73 
 
 Prothomtaries (Apoftolical) Regula- 
 
 tioa^
 
 Table of C oh rim T. 
 
 tioii of the Reforming College a- 
 
 bout rhem 11. ?44 
 
 Their Inftitution 3 4 5 
 
 ^./?/»26«'s Opinion of them ?"*. 
 
 Pro/ofJ of the Reforming College II. 
 
 534 
 
 frujf.uits^ their Hoftilities again 11 the 
 
 Poles I. 247 
 
 Purgatory believed by ?o/6» Hits I. 36 
 
 Purfe with twelve precious Stones II. 
 
 179 
 It denotes Charity to the Poor ib. 
 The Stones reprefent the twelve A- 
 poftles ib. 
 
 Pity {Gerard de) of Podio^ Bifliop of 
 Carcajfonne, is nominated 011 the 
 part of the King of France^ in the 
 Affair of ^ohn Petit 1-378 
 
 X 
 
 UmSTORS (or Preachers of 
 Indulgences) fupprefs'd II. 385 
 See Bourdeauxt Bada, CelogK, 
 LateraHy MmtfeUier^ Vienna. 
 
 TOAGUSA (^Anthony Archbidiop of, 
 •**■ M. D.) his Retinue at the Coun- 
 cil II. 397 
 Rafponi (Cardinal) his Account of the 
 Confecration of the Pope II. 178 to 
 
 181 
 
 RatisboK {Albert de Stauffenberg Bilhop 
 
 of) his Retinue at the Council II. 
 
 403 
 Rats may happen to eat the confecr^ted 
 Wafer I. 234, 237, 238 
 
 "Refere-fidvies II. 347 
 
 Reformation (of the Church) no body 
 dar'd to meddle with it at the begin- 
 ning of the Council I. 47, 390 
 Reformation of the Church in its Head 
 and Members , whether thefe 
 Words are in the Ads I. 159, 
 
 The Affair of the Reformation is 
 renew'd after the depoling of '3ohn 
 
 xxiir. 390 
 
 Whether the Reformation of the 
 Church ought to precede the 
 Choice of the Pope II. 78, 79 
 Articles for the Reformation betore 
 the Eletlion of the rope 131 
 Articles on which the Reformation 
 ought to turn 145, 147 
 
 Confultation of Divines thereupon 
 1 18 to 123 
 Reforming fColIege J feveral AlTem- 
 blies of it for the Reformation of 
 the Church 1. 518 
 
 Of how many Perfons it conlilled 
 
 11. 350 
 When and where it afTembled 351, 
 
 332 
 A fliort Hiftory of their AfTemblies 
 
 352 
 And of their Deliberations ib. 575, 
 ijfc. to 389 
 Their irrevocable Decree that a Ge- 
 neral Council miy punifli and de- 
 pofc a Pope for Herefy 335 
 
 Refledion upon tne faid College 
 
 389 
 
 Regijlers II. 347 
 
 Reichenthal (Ulric, a Canon of Con- 
 
 fiance") the Charader of his Hi- 
 
 ftory of this Council. See Pref. 
 
 xiv 
 He is employ'd in many Affairs I. 
 
 52 
 He regales the Emperor ib. 
 
 He accompanies John Hus to Exe- 
 cution ib. 
 Reichenau (Abbey, Frederick Count 
 de Zollern the Abbat) depos'd by 
 the Pope and reftored by Sigifmond 
 
 II. 410 
 
 The Foundation of the Abbey ib. 
 
 Reinher [ffohn") a Dominican^ engag'd 
 
 in the Sed of the Flagellants II. 
 
 87 
 
 He afterwards gave Charadcrs for 
 
 the finding out of Hereticks I. 
 
 279 to 28a 
 
 Religious Order, when People enter 
 
 intothtin rherareindifpos'ti from 
 
 keepin5 God's Commandments 
 
 I.Z..4. 
 They
 
 Table ^Contents. 
 
 They were all without Diftinftion 
 
 introduced by the Devil 251 
 
 This Article of li-'kkliff condemned 
 
 ib. 
 
 Relicks (of Saints) a Prohibition to ex- 
 
 pofe them out of the Churches II. 
 
 384. See Pointers, Latran. 
 
 Reprobate. A reprobate Pope has no 
 
 Power I. 219 
 
 This Article oUV'ckUff condemn'd 
 
 ib. 
 Refervat'w/is (oi the Popej a Commif- 
 fion appointed to regulate that Af- 
 fair between the King of England 
 and the Pope I. 211 
 
 Sentiment of the German Nation a- 
 bout them II. 202 
 
 Refervations which lAartin'^K arrogates 
 to himfelf II. 2ie 
 
 Their Source and Abufe 321,522 
 They are prohibited by the Reform- 
 ing College 537,538 
 Refervations (mental , of the Popes, 
 with regard to Benefices) their 
 late Invention II. 338 
 The Council of Trent forbids them 
 
 ib. 
 Reftdence (of Prelates) commanded 
 
 II. 3i«, 327, 539, 553 
 
 Benefices of Refidence and Non-re- 
 
 fidence, the Sillincfs of the Dif- 
 
 tindion ' 354 
 
 Reuchlin (^aiias Capnion 'John') reckon'd 
 
 Inventor of Comedy in Germany 
 
 II. 25 
 Revelations y Gerfon's Opinion about 
 
 them I. 41J9, 470, ^<^- 
 
 Rheitns {Renauld de Chartres, Archbi- 
 
 fliop of; he is fent to "John XXIII. 
 
 I. 157 
 
 The Report he makes from Schaff- 
 
 haufen on the part of JohnXXWl. 
 
 r4(J, 147 
 
 He was made a Cardinal II. 398, 
 
 399 
 
 He crown'd Charles VII. ib. 
 
 His Negociations ib. 
 
 Rheinpaiifen (Abbey in the Diocefe 
 
 of Mc>itz)John a Monk of that Ab- 
 
 bey, reforms the Order of St. Bene- 
 
 diil 11-59 
 
 Richardll.(K'ing of England) a Friend 
 
 to U'idliff I. 211 
 
 Roan (City) taken by the Englip I f. 
 
 287 
 Robberies committed about Conflance 
 
 I. 600 
 Robert (Emperor) a Stickler for Gre- 
 gory XII. I. ? 
 Roch[St.) whether he was canonis'd at 
 Conflance I. 107 
 Rocha {John de) a Do(9:or of Thoiiloufe 
 efpoufes the Intereft of John Pe- 
 tit I. 470, 480 
 His Writings againft Gerfon ib. S5V. 
 He aflerts that John Petit's Propofi- 
 tions do not appertain to the Faith 
 
 538 
 Rncquezane ("Johnde) a Bohemian Doc- 
 tor, his Birth and Studies I. 23, 24 
 Roder {^Maithcui) Divinity-profeffor, 
 his Sermon upon the Reformation 
 of the Church I. 81, 82 
 
 He is for the Reformation of the 
 Church before the Choice of the 
 Pope ib. 
 
 Romans (King of) the Name given to 
 the Emperors till they were crown'd 
 by the Pope I. 62. 
 
 Rome (City) after being feiz'd by Lu' 
 dijlaus and Joan Queen of Naples, 
 returns to the Obedience of John 
 XXIII. I. 45 
 
 Ror,2c (Council) of no Effed " II. 309 
 /Ja»2f (Court of ) its Corruption and 
 Ufurpations 11.514,315 
 
 Regulation about their Marlhal 
 
 347 
 
 What Sciences and Languages ought 
 
 to be taught there ib. 
 
 Stewards at the Court of Rome II. 
 
 348 
 Who ought to be Examiner there 
 
 ib. 
 The Court of Rome has the Privi- 
 lege of an Univerfity ib. 
 Rofe {Golden) the Origin of that Cerc- 
 remony H. 244, 245 
 N n u n Rofea.
 
 Table o/" Contents. 
 
 Rofenherg {lyUliam ^e) Lord of Bohe- 
 »2w, his Speech to Wencejlaus to 
 engage him to return to Prague 
 
 II. (Ja 
 
 The Lords of Roferiberg embrace 
 
 Hnjjitifra, and the Method they 
 
 take to convert their Subjects 
 
 62 
 Rofweide (a Jefuit) his poor Shift to 
 excufe the Violation of John Hus's 
 Safe-Condiidt I. 189 
 
 RougemoKt (Theobald de) Archbifhopof 
 Befaucoa^ is deputed from the 
 Duke of Burgundy in the Affair 
 oi'3oh» Petit 1.578 
 
 Privileges of the Archbifhops of Be- 
 fancon 579 
 
 The Pope contefts it ib. 
 
 Rtijfia (UToite^ Karibut Duke) his Arri- 
 val at Conflance^ and Retinue II. 
 
 414 
 
 Rutilius (a Pagan Poet) complains of 
 
 the Muldtude of Friers II. 55 
 
 OACRAMENTS, Ulckliff does 
 *^ not refufe to admit the five 
 which the Church of Rome has ad- 
 ded to the two inilituted by Jefus 
 Chrift J. 234 
 
 John Hu! alfo owns them 45!? 
 
 Safe-Co-/idud which Sigifr/iond gave to 
 
 3olra Hm \. 61 
 
 It cramps the Commiflioners of John 
 
 Hus 84 
 
 Sigifitiond revokes the Safe-Condu6ts 
 
 which were not ufed in the Time 
 
 179 
 The Duke of Aujlrla defers the 
 
 fending the Safe-Condu6ls to -the 
 
 Deputies of the Council who 
 
 were with John XXZII. 187 
 
 Safe-Condudt granted to Jerome of 
 
 Prague 188 
 
 Not fo advantageous as that granted 
 
 to 'John Hus ib. 
 
 Safe - ConduQs granted to John 
 
 XXIII. and his Adherents 208 
 'Tis prov'd that John Hui'% Safe-. 
 
 Conduft was violated 197 to 500 
 A DifculTion of that Safe-Conduft 
 
 2y9 
 
 The Council's Decree concerning the 
 Safe-Condufts of Hereticks 514 
 And that of John Hus ih. 
 
 Saints ought to be extoll'd no farther 
 than as their Lives appear confor- 
 mable to that of Jefus Chrift and 
 the Lnv of God 1.255,234 
 
 All the fine Things faid of them 
 muft not be taken in the Letter 
 
 do 9 
 
 Saints-Days ought all to be abolidi'd 
 
 for the Sake of celebrating the 
 
 Fellival of Jefus Chrid alone I. 
 
 254 
 Thole which are not enjoin'd by the 
 Canon-Law ought to be retrench- 
 ed II. 525 
 Regulation of the Reforming Col- 
 lege about them 585,384. See 
 u4iUi^ Clemangis^ Gerfon, Hejfe. 
 All-Saints and All-Souls-Days, their O- 
 riginal I. 20 
 Salisbury (^Robert Alarn, Bifhop) Am- 
 balDdor from England, his Arri- 
 val at the Council, and Zeal for 
 the Reformation of the Church 
 
 1.70 
 
 He accompanies the Emperor to 
 
 John XXIII. and tells him to his 
 
 Face that the General Council is 
 
 above the Pope 128 
 
 He harangues the Emperor upon his 
 
 Return to Ccnfiance II. 24 
 
 He declares that John XXIII. ought 
 
 to be burnt 125 
 
 He was prefent at the Council of 
 
 Pifa ib. 
 
 Was made a Cardinal ib. 
 
 His Death ib. 
 
 Saltzbour^ (Eberhard de Ncucnhaufen, 
 
 Archbifhop) his Attendance at the 
 
 Council II. 597 
 
 Saluces {Amadeus de) Cardinal fent to 
 
 France to negociate the Peace II. 
 
 253 
 His Arrival and Retinue at the Coun- 
 cil. 395 
 
 Samo-
 
 Table <?/ C o n t e n t s".' 
 
 iamogitiaas , their Deputies at the 
 Council I. 526, 527 
 
 The Council fends Miffionarics to 
 them ib. 
 
 They fend an EmbafTy to the Coun- 
 cil 605 
 Their Converfion to Chriftianity 
 
 11.223 
 Sardinia. See Sicily. 
 Stirefia ( Bifhop ofj he extorts a 
 Bull from Alexander V. againfl: 
 Wicklifs Books 1. 528 
 
 Satyrs againft theAvaiice of the Pope, 
 the Cardinals and the Court of 
 Rome H- EC'S, 307 
 
 Savoify (Henry de) a Compctiior with 
 John de Norri to the Archbifliop- 
 rick of Sens I. 571. 
 
 He is confirmed by Martin V. ib. 
 Saxony (Rodolph Ele<Sor of) arrives 
 at Conjlance with Sigifinond, and 
 bears the drawn Sword as grand 
 Marfhal of ths Empire \. 77, -S 
 His Retinue at the Council II. 41 3 
 Sbynko ('Archbifhop of Pragtie') de- 
 clares that there is no Herefy in 
 Bohemia 1--7 
 
 Caufes H^icklifs Books to be burnt 
 
 31, 531 
 
 Interdids the Chapels of Prague ib. 
 
 Schaffhaufeny the firft Place to which 
 
 the Pope retired after his Efcape 
 
 I. lap 
 He fends for his Court thither 142 
 He makes an Apology for his Flight 
 ib. and 145 
 This Town purchafed of Sigif- 
 mond the Privilege of an Imperial 
 City 178 
 
 Schelflrate (Librarian of the Vatican^ his 
 Honedy fufpcdttd 11.239,243 
 See the Preface X, XI 
 SchipM (grand Wejlern Schifin) the 
 Orij^inal of it I. ;, II. 519 
 
 Regulations of the Council for pre- 
 venting Schifms 11.132,133 
 Remedy againrt Schifm 319 
 
 SMfmaticks excommunicated by the 
 Bull of Holy Thurfday II. 252 
 Schlick {Gajpard dc) Chancellor of 
 3 
 
 the Empire oppofes the Condemna- 
 tion of Jerome of Prague I. 591 
 Schmith {Conrad) Chief of the Sedl 
 of the Flagellants II. 93 
 
 He called himfelf the Prophet 
 Enoch, and faid he was to exe- 
 cute Judgment on the lad Day 
 ib. 9 2 and 97 
 Schvjartzeuhourg {Gonthier Count de) 
 he caufes 200 Hereticks to be 
 burnt in his Dominions I- 551S 
 He dies at Conjlance II. 270. See 
 Difputes 
 Scotland,thQ Viceroy promifes to unite 
 to the Council 1.^30, (J5i.II.(5,i88 
 See Eenedia. XIII. 
 Scripture (Holy) infinitely farpafTes 
 all other Writings though never fo 
 authentick I- ^53 
 
 Scriveners (of the Apoftolical Letters) 
 a Regulation of the Reforming 
 College about them II. 346 
 
 Secretaries (of the Pope^ their Num- 
 ber and Retinue at the Council II. 
 
 415 
 
 Seculars, John XXIIL will not admit 
 
 them to the Council I. 1 10 
 
 They ought to be admitted ib. 
 
 They were fo at Conjlance 1 1 1 
 
 A fecular Lord in mortal Sin, is 
 
 no longer a Lord 222 
 
 This Article is falfly charged upon 
 
 Wickliff 225 
 
 The fecular Lords may take away 
 
 Benefices from the Clergy who 
 
 lead ill Lives ib. 
 
 This Article of //^V-^//jf condemned 
 
 ib. 
 'John Hia's Opinion about it 441 
 Regulation of the Reforming Col- 
 lege about the Seculars II. 371, 
 
 371 
 Scmendria (a City of Servia) Battle 
 
 won there by the Turks \l 285 
 
 Sens (Archbifhoprick of) its Difputes 
 
 with the Archbilhoprick of L\ons 
 
 '•57' 
 
 Three Competitors for that See 
 583. See Savoify^ ^ohn de Noii :. 
 
 N n n n 2 
 
 Senfesy
 
 Table <?/ Con tents. 
 
 Sefifes, their Evidence about the Eu- 
 charift I. 234 
 
 The Opinion which deftroys the 
 Evidence of Senfis concerning 
 the Eucharift, is a Herefy which 
 makes it a Sacrament of Anti- 
 chrill 238 
 
 Sergius II. Pope, Simony publickly 
 cxercifed in his Pontificate II. 350 
 Sermons (of Huly Thurfday) See Forli. 
 Sermons upon the Reformation of the 
 Church I. 81, n.6i, 505, 511, 
 510 to 522, 5-,5, 53(f, 552, 
 559, 60 J. II. 9, 10, 40, 16, 
 85, 102 to 105, 129 
 Sermons of a HuJJlte Preacher, in ho- 
 nour of "^ohn Hus and Jerome of 
 Prague II. (Ji, 62 
 
 Servant (of the Servants of God^ Re- 
 flexion upon that Title afiumed 
 by the Popes II. 517 
 
 Gregory the Great firft took it and 
 deferved It ib. 
 
 Services (petty) what they are at the 
 
 Court of Rome II. 2G3 
 
 Sejfions, firft Seflion of the Council 
 
 I. 50 
 
 John XXIil's Bull for calling the 
 
 Council is read in it 51, 52 
 
 '^ohn XXIII. fettles the Ranks, and 
 
 names the Officers in it 53, 54 
 
 The third Seffion, in which 'tis faid 
 
 that the Council is named general, 
 
 and not that it aftually is fo, as 
 
 it had been in others 147, 148 
 
 The Reafons of this Difference 
 
 149 
 The fourth Seffion and the fecond 
 after the Pope's Efcape 157 
 
 Whether the AmbalTadors oi Frame 
 were at it 155 
 
 It did not pafs without feme Dif- 
 putcs 1 50 
 
 The fifth SeiTion in which the Ar- 
 ticles omitted by Zabarella were 
 read 170, 172 
 
 Whether the Ambaffadors oi France 
 were at it 171 
 
 S(orz.a (the General oi^oanoi Naples) 
 
 he recovers Rome from Braccio 11. 
 
 Sicily and Sardinia (Iflands) what Re- 
 venue tlie Popes drew from them 
 
 II. 220 
 
 Sigifr/iond (King of Hungary) chofe 
 
 King of the Romans I. 3 
 
 He did not name himfelf 4 
 
 He fends an EmbalTy to 3a^« XXIII. 
 
 6 
 
 He makes all the neceflary Dif- 
 
 patches for calling of the Council 
 
 8 
 He makes the Magillrates of Coh- 
 flance fwear to a Treaty of Secu- 
 rity for >/?.» XXIII. 15 
 He affumes the Title of Governor 
 of Bohemia 27 
 He forbids Money to be raifed in his 
 Kingdom for the Court oiKome 
 
 ib. 
 He writes menacing Letters to Con- 
 fiance to fet John Hus at Liberty 
 
 75 
 His Arrival there and great Retinue 
 
 I. 7<y,II.4i3 
 He affills at the Pontifical Mafs in 
 
 the Habit of a Deacon, and reads 
 
 the Gofpels I. 77 
 
 His Charafter 78, 79 
 
 He gives an Account of his Nego- 
 
 ciationsin a Congregation 81 
 
 He fuffeis himfelf to be prevaii'd 
 
 on not to keep his Safc-Condu6t 
 
 84 
 
 Yet he writes to the Bohemians that 
 
 his Safe-ConduS was violated a- 
 
 gainft his Will Sj 
 
 He falls on his Knees before the 
 
 Pope, when he promis'd to refign 
 
 118 
 
 He vifits ^O'^^ XXIII. to engage him 
 
 not to retire from Conjlance utf, 
 
 127 
 
 He heartens the Council againft their 
 
 Alarms for the Efcape of "^ohn 
 
 XXIII. 137 
 
 He offers to go and fetch him back 
 
 174. 
 
 He
 
 Table <?/Con ten t V. 
 
 He fends Troops againft Frederick of 
 Attfiria 'i>.ll5 
 
 He puts the Duke under the Ban of 
 the Empire 177 
 
 He only grants a Safe-Condu£l to 
 "John XXIII. as far as he has a 
 Right to do it, and does not en- 
 gage to caufe it to be obferv'd 
 
 208 
 
 His Difcourfe to feveral Ambafla- 
 dors of Italy, after having reduc'd 
 the Dulve of Anuria 244. 
 
 He adminifters Ecclefiaftical Affairs 
 and Benefices, during the Vacan- 
 cy of the See 313 
 
 The Prerogatives of the Emperors in 
 this refped, violated by the Popes 
 
 ib. 
 
 He declares to John Hus that he will 
 fooner kindle the Fire with his 
 own Hands, than fupport him in 
 his Errors 353 
 
 His Opinion of //«i- 34<5 
 
 His Declaration upon the fame Head 
 to the Council 35(J 
 
 He preiides at the beginning of the 
 14th Seflion 359,400 
 
 Promifes to fubmit in all Things to 
 the Council 403 
 
 Severely forbids any Perfon whatfo- 
 ever to dillurb it ib. 
 
 He blulhes at an indired Reproach 
 call upon him by John Hus 422 
 
 Charles V's Jeft upon that Occafion 
 
 ib. 
 
 He returns to the Council from his 
 Travels II. 13 
 
 The ill Succefs of his Voyage to 
 Kngland ib. 
 
 His Apology againft certain Hifto- 
 rians ib. 21, xt, 
 
 His Treaty with the King of England. 
 15, !<;, 18,295 
 
 His Reception at his Return 23, 24 
 
 He had received the Order of the 
 Garter in England ib. 
 
 His Panegyrick in Verfe affix'd to 
 the Gates of the Cathedral of 
 Conjtance 5 2 
 
 He is for the Reformation of the 
 
 Church before theEledion of the 
 Pope 80, 85 
 
 He is deceiv'd by the Cardinals in 
 that Matter 8(5, 118 
 
 He writes feveral very Iharp Letters 
 to the Bohemians 1 1 2 to 117 
 
 Endeavours to render him fufpefted 
 of Huffitifm 121, 121 
 
 He is publickly accus'd of Herefy 
 
 125; 
 
 He is for arrefting the Cardinals 
 
 \i6 
 
 He is oblig'd to confent to the Ele- 
 dion of a Pope before the Refor- 
 mation 129 
 
 He proflrates himfelf before Martin 
 V. 175 
 
 He holds his Horfe's Bridle by the 
 right Rein, as the Eledor Fala- 
 tin does the Left 174, 182 
 
 He is recogniz'd and crown'd by 
 Martin V. 200 
 
 His Anfwer to the French, when 
 they prefs'd too late for the Re- 
 formation 207 
 
 He borrows and runs inDebt where- 
 ever he goes 219 
 
 He goes for Bajil, and comes back 
 the fame way 24 3 
 
 His Reafons for returning ib. 
 
 His Difgull at Martin V. ib. 
 
 He receives the Golden-Rofe from 
 
 him 
 
 244- 
 
 He takes his Leave of the Council 
 and thanks them 2^7 
 
 His Declaration that if any Thing 
 happen'd amifs there 'twaj not his 
 Fault il,. 
 
 He holds the Bridle of the Pope's 
 Horfe at his Departure 275 
 
 He fets out himfelf 2 •]6. I. 4.62 
 
 Picpirations for his Journey 1.459 
 
 Several Confpiracies againli him 
 
 4^1 
 
 His Arrival at Perpignan 504. 
 
 An Attempt to poyfon him there 
 
 519 
 
 His Apology and Negociations at. 
 the Council JI. z-j6, 277 
 
 He goes to Hungary 295
 
 Table <?/ Co ntent?.' 
 
 His ftay u Paris I. 5 55 
 
 He creates a Knight in the Parlia- 
 ment '^' 
 Makes the Count of Savoy a Duke 
 
 ii'. 
 He favours the Teutomck Knights 
 
 ;■/>. 
 
 His Projc£t for the Reformation of 
 
 the Clergy of Germxny 6oi 
 
 He complains of the Repeal of the 
 
 Sentence of the Bifliop of Paris ih. 
 
 Silence enjoin'd, during the Seffions 
 
 1-53 
 
 During the Degradation of John 
 Hns 41? 
 
 Rcfledlion upon that Decree 414 
 Silejla [Hi-firy Rnmpolt^ Duke of Sa- 
 gan) his Arrival and Retinue at 
 Cenjia;ue II. 414 
 
 He gives Aid to Sigifms/sd againft the 
 HuJJites ib. 
 
 Simony^ 'tis Simony where a Man en- 
 gages to pray for one that affifts 
 him I. 2Z5 
 
 This Article of //^f/f//^condemn'd 
 
 tb. 
 The Opinion of the Germans about 
 Simony II. 206 
 
 Martin the Vth's Regulations about 
 it Hi 
 
 Simony praSis'd at Confiancc I. 441 
 Punifh'd there I. 505, II. 551, 35* 
 What is Simony I. 529, 550. II. 
 
 349 
 
 A general and inveterate Evil in the 
 
 Church ib. 
 
 Laws againfl it 550> 355 
 
 'Tis implicit Herefy 350 
 
 Decree of the Reforming College 
 
 againft Simony 351 
 
 Sifi (mortal) a Bifhop or Prieft in a 
 
 State of mortal Sin cannot admi- 
 
 niller any Sacrament I. 218 
 
 This Article of ^2V/t///7"condcmn'd 
 
 ib. 
 Sljieron (in Pravence, Robert dc Four 
 Bifhcp of) his Retinue at the Coun- 
 cil II. 403 
 Socrates laughs to fee great Rogues 
 
 carry little ones to the Gallows 
 
 I. 535 
 
 Sophia (of Bavaria, Queen of Bohemia) 
 
 favours Ju^» Has I- 15 
 
 Whether it be true that (he repented 
 
 of it ib. 
 
 Sigifmond caufesher to retire to P ef- 
 
 boitrg^ where flie dies ib. 
 
 Spain, Spiinijb CiiA'm^h ownMartinV. 
 
 11.285 
 Two Bifhops of SpaiK at the Coun- 
 cil, their Rjtinue 404 
 Spaniards fupport Eenedi^'K.Wl. un- 
 der-hand 207 
 Spalatro {Peter, Bidiop of) in Dalmaiia, 
 his Retinue at the Council II. 398 
 Spire {Kaban Bifliop of) his Retinue 
 at the Council II. 405 
 His Benetices ib. 
 Spirit (Holy) Letter from the Holy 
 Spirit to the Council I. 451 
 SpoiJs (of iBifhops or vacant Benefices) 
 Decree of the Council about them 
 
 II. 139 
 Stages (of the Canons) what they are 
 
 I1.3<Si 
 Stettin (City) put under the B.ui of 
 the Empire H. 70 
 
 Stock (Lambert de ) de Stipite, a Depu- 
 ty from the Council to Peter de 
 Luna " II. (J, 4^ 
 
 His Letter to the Archbifhop of Riga 
 upon that EmLalT/ ib. 
 
 Stokes Qobn) an Englijh Doftor, his 
 Depofition again II ^o/5;?//kj- I. 325 
 Stokes (Peter') an Engltjh DoSor, IVick- 
 lijf's Adverfary I. 213, 214 
 
 His Confulion at it ib. 
 
 Strasbourg (14-^ilUam de Diefle, Bifhop 
 of) his Quarrel with his Chap- 
 ter II. 195 
 He is arrefted by his Chapter I. 551 
 The Council is for relealing him 
 
 532 
 
 Several Aflemblies upon that Head 
 
 533, 554, <f05 
 
 Subtrdination, recommended to the 
 
 Prelates 11-3 58 
 
 Siihfidies and other Exadions forbid to 
 
 the Prelates II. 555, jj^f 
 
 Sub.
 
 Table of C on t e'n t s^ 
 
 Sahfiftence of the Pope and Cardinals, 
 Martin V's Regulation about it II. 
 
 214 
 
 Subjiance (of Bread and Wine) remain- 
 
 eth in the Sacrament of tiie Altar 
 
 I. 217 
 This Article of Wic kliff conitmn'd 
 
 ib. 
 Sudbury {Simon') Archbifhop of Canter- 
 bury, Gregory XI. writes a Letter to 
 him againft IVichJiff I. 212 
 
 Suidgert (Bifliop of Bamberg) chofe 
 Pope by the Name of Clement II. 
 
 1.8 
 Swedes demand the Canonization of 
 certain Saints I. 4(Jp 
 
 'Tis put off 4.72 
 
 Swifs, they are forry to take Arms a- 
 gainli the Duke of yfay?r»« I. 178 
 They are to keep all they (hall con- 
 quer during that War ib, 
 J)'»oi(of Bifliops) Regulation of theRe- 
 forming College about them II. 335 
 
 n~*A B R {z Mountain near Prague) 
 
 ■^ the Word in the Bohemian Tongue 
 
 iignifies a Tent or Tabernacle II. 
 
 240 
 
 'taborites, the Hnfjites fo call'd, becaufe 
 
 they encamp'd on that Mountain 
 
 ib. 
 Letter of lEneas Sylvius about them 
 
 lb. 
 
 Tarentaife (Peter de) a School-Divine 
 
 of Burgundy in the Xlllth Century, 
 
 authorifes the vvith-hoiding of the 
 
 Cup from the Laity I. 0,66 
 
 "Tax (of the Chancery of Ror/ie) II. 
 
 345 to 349 
 "Tenths fraifed by the Pope) the Opi- 
 nio.! of the Germans upon them 
 
 II. 2©(; 
 Teftimonies. See Wickliff., Has, Sbynh, 
 
 Nazareth, Oxford. 
 Teutonic. See Knights. 
 Thomas (St.) the Apoftle, his pre- 
 tended Legend I- ^73 
 Thomas (St.) of Canterbury, his Fef- 
 
 tival celebrated at Conflanee 
 
 L<555 
 
 His Hiftory ib. 
 
 Thomas (St. Aquinas) quoted in fa- 
 vour of the Doftrine of with-hold- 
 ing the Cup from the Laity I. -1,66 
 Thornieres (St. Pons de) in Languedoc^ 
 Geffrey Bilhop of ) his Atten- 
 dance at the Council II.409 
 The Confufion of the Lifts in that 
 Matter ib. 
 
 Thurfday (^Holy) celebrated by Mar- 
 tin V. II. 251 
 Toledo (Council of ) enjoins Silence 
 during their Deliberations I. 53 
 The Sixth Council of Teledo did 
 not make a Declaration for the 
 Communion in one Kind only 
 II. ij)<J 
 The Fourth Council of Toledo for- 
 bids the Perfecution of the Jews 
 
 385 
 
 Tolentin or Tout, or Tohmnenfts (Bi- 
 
 fhop of ) his Proteft againlt the Ef- 
 
 cape of j'"^?; XXIII. I. 149,153 
 
 Toulon ij/ital I. Bilhop of ) curfes the 
 
 Pope, and charges him with a Lie 
 
 1.217 
 
 His Sermon upon the Reformatioa 
 
 Tournament, the Duke of y^/i(/Zr/<? gives 
 one to facilitate the Efcape of 
 JohnXXUl. I. 129 
 
 Another Tournament II. 193 
 
 Another in which the Emperor is 
 Vi6lor 217 
 
 Tours {"James Gclu, Archbifhop of ) 
 his Apology for the Emperor and 
 the Kings of Spain 1. 54410 548 
 He is nominated to accompany the 
 Emperor to Nice 457 
 
 Ton) burnt before the Pope at his Con- 
 Itcration II. 177 
 
 Tradition, '3oh>t Hus\ Opinion con- 
 cerning it 1-437 
 Gerfon^s ib. 
 Tranjlations (of Beneficesj Declara- 
 tion of the Council about rhcni 
 II. 158, 159 
 
 Regulation ■
 
 Table of Content s V 
 
 HegulatioB of the Reforming Col- 
 lege in that Matter II. 541 
 Tranfubfiant'tation believed by '^ohn Hus 
 
 I. 69 
 DiTputed by Wichliff 217, ai8 
 
 See Innocent III. 
 'Tis unintelligible to God himfelf 
 
 The Abfurdity of that Doftrine 
 
 258, 259 
 The Miracles pretended to prove it 
 
 3<J(J, 5(J8 
 ^rtaty^ Articles of the Treaty of Se- 
 curity for John XXIIl' at Con- 
 ftance \. 15, 14. See Obligatkn. 
 Trent (City in TiVo/) A Ouibble of 
 JolrnXXXlVs. 
 Jelkr upon that Word I. 18 
 
 ^trent (Council of) in what Order 
 it treated of Matters II. 331 
 Their Averfion to thofe of Con- 
 Jlance and Bafil 390 
 
 Trent {George de Lichtenfle'')', Bifhop 
 of J ronuiiitted to Prifon by the 
 DuKe of Aujiria I. 524 
 
 That Affair referred to the Council 
 
 TriaUgue, Wickliff 's principal Work 
 
 I.231, 132 
 An Abridgement of it 23a to 241 
 Trinity (Abbey of Holy Trinity') in 
 Hungary, Thomas Abbot of) his 
 Attendance at the Council II. 412 
 Truce between the Poles and the Teu- 
 tonic Order II, 224 
 Truth preferable to Cuftom I. 3<J8 
 Turks ravage Hungary I. 474, 519, 
 
 527, 528 
 Tythes, Wickliff''% Opinion about 
 them I. 220 
 
 They are mere Alms 223, 224 
 This Article of lVichliff\ con- 
 demned ib. 
 Whether they are of Divine Right 
 
 327 
 
 T^A LL A {Laitretttius) fliews Con- 
 ^ Jiantine% Grant to be fi£litious 
 
 II. 300 
 Vandals^ their League againft Bran- 
 debaurg II. 74. 
 
 Varennes {John') Dodor and Curate 
 of Rheirns, his Preachings and 
 Gharafter I. 471, 472 
 
 farillas criticized, with regard to John 
 Hm I. 22, 23 
 
 And with regard to Sigifmond's Safe- 
 Conduft 87 to 89 
 
 Vaudois, their Opinions concerning 
 Ecclefiaftical Power 1. 616 
 
 Vaudois zndi Albigenfes improperly Con- 
 founded with ths HuJJites II. 258 
 They are fcattered all over Europe 
 
 240 
 
 Venetians, their Quarrel with Sigif- 
 
 mond 1. 4. 
 
 Arrival of their Amb.-jfladors at 
 
 Conjiance \\, 252 
 
 Their Hoftilities zgMnfi S'lgifmondtb. 
 
 Sigifmond's Generoi" • to them ib. 
 
 Ferrue {Philip Count '^e) caufes the 
 
 Bidiop of AJi to bs relied II. 5<r 
 
 Verfailles {Peter of ) a Dodor of 
 
 Paris, nominated jn the part of 
 
 France in the / ftair of ^ohn 
 
 Petit 1.578 
 
 His Difpute upon that Aftiiir with 
 
 the Bifhop of Jrras 47 5^ 47^ 
 
 Vidimus (of the Apo iolical Letters) 
 
 Regulation of the Reforming 
 
 College about it H. 355, 358 
 
 Vtenne (Council oi ) its Conftiturion 
 
 againft Quxftors U. 385 
 
 Vtenne in Dauphmy {John de Nantes, 
 
 Bifhop of j his Attendance at the 
 
 Council II. 397 
 
 He was made Archbiihop of Paris 
 
 ib. 
 
 Vignoles {Alphonfus des) a Member of 
 
 the Royal Acade-ny of Sciences 
 
 at Berlin) his Worlt about the 
 
 Calendar II. 375 
 
 His
 
 Table of C out E^ril 
 
 HisHlflory o£ BratsMourg 388 
 Hi's Memorial concerning the Bi- 
 fliops of Brandebourg 399 
 
 Vilkloin^ Abbey of Benedldins in 
 Touraine (^Peier Aallant Abbot de) 
 his Attendance at the Council 
 
 II. 4ta 
 V'tlliers, Abbey of the Cijlertian Order 
 near Metz {^'jolm Abbot of ) his At- 
 tendance at the Council II. 412 
 Vincent (St. Abbey of j at Brejlauj 
 {Andrew Abbot of ) his Atten- 
 dance at the Council II. 411 
 Foundation of that Abbey ib. 
 
 Violence forbid to be ufed by the Pre- 
 lates II. 5 (Jo 
 Virgin (Mnrf) the Devotion paid to 
 her by John Hus and his fublime 
 Encomia upon her Account I. 45 
 Vifch {Peter) Biihop of Cracow turned 
 out of that Bifhoprick II. 124 
 The Affair laid before the Council 
 
 ib. 
 Vifions, Gerfon's Opinion about them 
 
 I- 4<^P, 470 
 Vijitations of Churches, how they 
 ought to be made II. 327, 557 
 Viviers fin the Vri^aretz, john de 
 Lignieres, BifViopof) his Attendance 
 at the Council II. 403 
 
 Vllcrjlun {Richard) an Engli/Ij Doc- 
 tor, his Trad againft the Corrup- 
 tion of the Church of Rome II. 305 
 Ulm (Henry de) Conful of Conftance^ 
 fcizes t-he Pope's Horfe by his 
 Quality of Conful I. 19 
 
 He carries Prefents from the City 
 to the lope ib. 
 
 The Emperor makes him a Knight 
 
 II. 199 
 Union (of the Church) the firft Me- 
 morial upon that SubjeS 1.47,48 
 Union ('of the Church) more tliorovv- 
 Iv difcufs'd in a Congregation of 
 Cardinals I. 70 See ISlemorial. 
 Un'o», general C;ongregation upon 
 that Affair !• 73 
 
 Unions ('of the ChnrchesJ the Ger- 
 mans Opmioa on that Subjeib 
 
 11.104 
 
 Limited by the Reforming College 
 
 54! 
 
 Voladimir {Paul') a Canon and Pro- 
 
 feffor of Cracow, defends the 
 
 King of Poland's Right againft the 
 
 tetitonick Knights I. 249 
 
 His Memorial againft thofe Knights 
 
 409, &c. 
 
 He appeals to the next Council in 
 
 the Name of the King of Poland, 
 
 and of the great Duke of Lithuania 
 
 II. 2()5 
 
 Urban II. (Pope) forbids Perfons to 
 confefs to any but their Parifli-Priefts 
 
 II. 5(58 
 
 Urban V. fPope) declares againft H^ick- 
 
 liff in favour of the Monks I. 211 
 
 He is for fummoning Edward III. 
 
 which IVicklijf oppofes ib. 
 
 He promifes to renounce the Re- 
 
 fervations in England, but does 
 
 not keep his Word ib. 
 
 He publifhes a Croifade sgainft the 
 
 Adherents of Clement VII. 214 
 
 He gives the Golden liofe to Joan of 
 
 Sicily II. 245 
 
 Urban VI. (Pope) fince him there has 
 
 been no Pope I, 220 
 
 This Article of U'ickliff conAtmn'd 
 
 ib. 
 Urt { a Canton of Swiferland ) con- 
 tinues faithful to the Duke of /In- 
 ftria I. 24 J 
 
 Vrie {theodorick) a German Monk, 
 his Hiftory of the Council of 
 Conjlancc. See Preface to the firjl 
 Edition xviii, xix. 
 His Teftimonies of the Conftancy 
 of Jerome of Prague 595 
 
 His Verfes upon the Corruption of 
 the Church II, 522 
 
 Urjins {Paul dej) General of the King 
 of N'aples Cdies Rome I. 4(J, 553 
 Urfins (Berthold Count des) holds the 
 Bridle of the Pope's Horfe as he 
 enttr'd Conjlancc \. ip 
 
 He has the d uard of the Council 5 5 
 UrfiKs {Jordan dei) Cardinal, celebrates 
 the Mais at the firftSeffion 1. 50 
 Prelidcs at the fourth Seffioa 1 58 
 O o o o His
 
 T A 'b L E of C N T E N T S .' 
 
 His Hiftory and Negociations Ih. 
 
 He goes to France and TLngland to 
 
 iiegociate a Pe ice II. 2 54 
 
 W 
 
 TT/ ^ f'^E R (confecrated) is not an 
 ''^'^ Accident without a Subje£ll.2 33 
 Is liable to the fame Accidetits, as 
 that which is not confectatcd 13 5 
 If'ufer, fold by a Chriftiaii to a ^''^i 
 who ilabs it II. 387 
 
 U alde»^ an Engliftj Carmelite, con- 
 futes lVickliff\ Works I. 219 
 His Zeal dgainll the Refoiraation of 
 the Church II. 307 
 
 IfiilhiJrod {Jiihn de) Aichbilhop of 
 A/j.-j, his Dilputcs with the Teuto- 
 »/£^ Order 1. 70 
 
 He changes his Benefice ib. 
 
 Accompanies the Emperor in his 
 Travels ib. 
 
 Unites to the Cardinal's for the fake 
 of obtaining the BiOioprick of 
 Licge II 128, 1153 
 
 His Panegyrick 2^3 
 
 His Ar;endancc at the Council 397 
 Wan Y^Oi\\i)'\itA to the Prelates II. 358, 
 
 3(Jt 
 
 Wax-Tapers thrown out at Window, ia 
 
 Token ol Excouununication II.252 
 
 Weingartcn, Abbey of Benedidins in 
 
 Swabia 0uh» EJfendorp, Abbot of) 
 
 II. 41' 
 The Foundation of that Abbey ib. 
 We-fictjluus (King of Bohemia) how 
 he received his Depofition from 
 the Imperial Throne I. 3 
 
 He is accufed of fomenting the 
 Mifunderftmding between the 
 Germans and Buheminns of Prague 
 for his own Advantage 30 
 
 What he is reported to have faid up- 
 on that Occa (ion ib. 
 He makes his Mailer Cook, Redor 
 of the Univerfity of Pmgue ib. 
 He embraces the Ncuciality during 
 the Schifm 330 
 Whether h.e favours the Huffites 
 <3ato535 
 
 He retires from Prague II. 60 
 
 He returns thither ih. 
 
 He grants Churches to the Huffites 6j 
 Werner [Count de Konigjlein) he fends 
 
 to the Council H. 591 
 
 Wickliff ijohn) his Books are brought 
 
 to Baher/iia !• 2 S 
 
 They proceed in the Council to the 
 Condemnation of his Articles 198 
 
 Debate upon it 0,, 
 
 Hillory of Wickliff and Wickliffifm 
 
 210 to 2I(J 
 
 He is appointed to treit at Bruges 
 of the Pope's Refervations, with 
 regard to England ■ 2 H 
 
 TheUfe he makes of this Journev ib. 
 He calls the Pope infolent Prieft, 
 Robber and Amichrift //., 
 
 He is agiinlt fending Money from 
 EngLind to Rome zix 
 
 He tranflates the Bible, and only ad- 
 mits thofe Books which are re- 
 ceiv'd by the Protellants ib. 
 
 Whether he retraced 213 
 
 His chief Advocates and Adherents 
 
 ib. 
 His Death 214. 
 
 Forty-five of his Articles read in the 
 eighth Seffion 1,21710251 
 
 They are all condemn'd ib. 
 
 The Council orders his Bones to be 
 dug up ib. 
 
 Several of his Articles read in the 
 1 5th Seffion 4i4t0 4so 
 
 Reflcdions upon thofe Articles 419 
 They are condemn'd 420 
 
 IVideford (// tliianj') an Englip Menk,- 
 confutes </^;t^Aj^ I- 219, 232. 
 
 William {de Monte Laudano, a School- 
 Divine) oppofes the with-holding the 
 Cup from the L itv 1. ,70 
 
 H tlfenach (a City of Brftndebourg') pre- 
 tended Miracles wrought by the 
 Blood of Jefus Chrill in that City 
 
 1.28 
 
 Winchefler. See Beaufort. 
 
 Winded, Sigifmond's Privv-Counfellor, 
 his Account of that Emperor's E- 
 ledion I. 3. See.tie i-'reface xvi 
 
 His
 
 Table <?/ Con tents. 
 
 His Hiftory of J/g-//5«o»/s Life II. 
 
 14 to 18 
 
 Wi»f- See AccideKts, IVafer. 
 
 U'i»(z!ou> {Peter de) Divinity Profef- 
 
 (br,rcpeiits of having perfecuted joi-« 
 
 Jilts md cmbxacus H/ifftlifm 11. 59 
 
 JVirtzbourgi^John de Bruti^ Bifhop of) 
 
 reconciles the Teuiomck Knights 
 
 with the Poles I. 248 
 
 His Retinue at the Council 11. 4 7 
 
 He in kes W:ir with hi.s Subjefts ;^. 
 
 Withold (Alexander) Greut Duke of 
 
 Ltibu ,Hia, writes co all Chriften- 
 
 dom againft rhc Knights of the 
 
 Teutonkk Urder I. i47 
 
 He addrelles the Council for the 
 
 fcme Ciufe 148 
 
 He ci)nverfS tiie Samogitians 11. 274 
 
 He obtauis Privileges from the Popes 
 
 upon thJt Account ib. 
 
 Witnefes. See John XXIII. 
 
 IVoljenliitttle^ M S S; of that Library. 
 
 Pref. xix. I. 160 
 
 Wolgajl QVafla, Duke of) his Arrival 
 
 and Retinue at Conflunce II. 414 
 
 Worh (Merit of). See Merit. 
 
 Worms {John de Flecke-fiftein Bifliop of) 
 
 his Retinue at the Council 11. 408 
 
 -yAINTES {Geffrey de Perufa, 
 
 ^^ Biihop of) his Retinue at the 
 
 Council II. 409 
 
 yABARELLA (Frauds) Cardi- 
 
 -' nal, fent Dy yvi» XXIII. to .iV- 
 
 gif/tiO/id I. 7 
 
 His Exhortation to the Council at 
 
 the third SelTuJn 148 
 
 In the fourth Sellion he fupprefles 
 
 thefe Words, Reformtitio>i of the 
 
 Church in its Head and Members 
 
 He is reproach'd for it i tfo 
 
 Commiffioners are appointed to have 
 
 a Conference ^vitll him about \t 
 
 He is nominated 1 CommilTioncr in 
 
 the Affair of the Teutoniik Knights 
 
 248 
 His Declaration to "^ohn Hus at his 
 
 publick Hearing 325 
 
 His Speech forihe Reformation 4*57 
 He falls iiito fuch a Paffioii in aa 
 
 AlTfmbly, that he fickens II. 125 
 His Death, his PanCf^yrick, and his 
 
 Works 1 .;o, 151, 307, 323, 324 
 He alters his Opinion with rehti >ii 
 
 to the Annates 14.9 
 
 He recommends aTheological Tr:i6l 
 
 of Ge'f'inh ^z^. 3:4 
 
 His Treat'Ie abo'Jt tlie Reformation 
 
 of the Church >^, ro 327 
 
 He is of Opini'.ii 'hit PritUs (hoild 
 
 be allow'd to inuiry 359 
 
 Zachary (>/;«, D. D.) a:i Adverfjry of 
 
 "John tins, pleaas for the Pope's 
 
 Infallibility from a PafTage of the 
 
 Bible corrupted I- 451 
 
 He is painted with a Golden Rofe in 
 
 Ill's Hat lb. 
 
 Zieze»heim [Otho Count de) goes to 
 
 Conflance lo: the Archbifhop of Triers 
 
 and fucceedshim II. 397 
 
 Zifca {John de Trocznow) an Abltrad 
 
 of his Hiflory and Chara6Ier I. 509, 
 
 510 
 
 Reafons of his Averfion to the 
 
 Clergy ib. 
 
 He puts himfelf at the Head of the 
 
 Huffttes 11. 58, 140, 243 
 
 He extirpates the Picards 241 
 
 He goes with the Huffites to wait on 
 
 the King oC Bohemia, and is well 
 
 receiv'd 243 
 
 Znoiina {Staniflaus) Divinity-Profeffor 
 
 at Prague, was fit ft a Preceptor 
 
 to John Hus, and then his Enemy 
 
 I. 549 
 
 His Defcrfption of the Church 359 
 
 Zfttphen (Gerard de) he fupported the 
 
 Order of Friers of common Life 
 
 11.255 
 His Encomium and his Works ib.,. 
 
 The End of the Table.
 
 •D' 
 
 BOOKS Printed for Thomas Cox, and written by N. Bailey: 
 
 mation of the Ignorant, but the Etvertain- 
 ment of the Curious ; and alfo the Benefit 
 of Artificers, Tradefmen, Young St\idents, 
 and Foreigners. A Work ufeful for iuch 
 as would underftand what they read and 
 hear, fpeak what they mean, and write 
 true Englifli. Collefted by feveral Hands, 
 the Mathematical Part by <? Gordon, the 
 Fotanical Part by P. MiUer, F. R. S. 
 The whole Revis'd and Improv'd, with 
 many thoufand Additions. In Folio. By 
 K Bailey. Printed in the Year 1730. 
 
 II. Publii Ovidii Nafbnis Metamorpho- 
 fcon Libri XV. with the Arguments of 
 each Fable, and the Notes of yohn Mirtel- 
 litis tranflated into Englifh. To which is 
 added a Numerical Key, fliewing by Fi- 
 gures anfwering to each Line, the proper 
 Order each Word is to be taken in, in 
 Conftruing. By which Afliftancc young 
 Scholars will be enabled of themfelves, 
 with Eafe and Pleafure to conltrue this 
 Author. For the Vfe of Schools. 
 
 III. P. Ovidii Nafonis Triftium Libri 
 Ouinque, with the Arguments and Notes 
 of ohn MineUius tranflated into Englilh. 
 To which is added, a Profe Verfion in 
 Latin and Englilh , viz. The very Words 
 of Ovid, digefted into the proper Order of 
 Conftruing ; by the Afllftance of which, 
 young Scholars, of but a very fmall Ac- 
 quaintance with the Rules of Grammar, 
 may be enabled of themfelves, with Eale 
 and Pleafure, to learn their Leflbns with- 
 out Interruption to the Teacher. For the 
 Vte. of Schools. 
 
 IV. An Introduftion to the Fnglifli 
 Tongue : Being a Spelling ■ Book. In 
 two Parts. The Firft, confifting of Ta- 
 bles of Words from one to feven Sylla- 
 bles, difpofedin a natural and eafy Order, 
 for Children to learn to fpell by ; being 
 accented to prevent falfe Pronunciation: 
 The ftcond, being OSlervations on the 
 Sounds of Letters, Confonants, Vowels, 
 and Diphthongs ; Dircftions for the true 
 dividing of Syllables ; the Ufe- of Capi- 
 tal Letters, Stops, Marks, and various 
 other ufeful Tables, for the Ufe of thofe 
 who have attain'd to riper Judgment. 
 
 CTIONARIUM Britanni- 
 
 cum: Or a more compleat Uni- 
 
 verfui Etymological Englilh Diftionary 
 than any extant. Containing not only the 
 Words and their Explication, but their 
 Etymologies from the antient Britiih, Teu- 
 tonick. Low and High Dutch, Saxon, Da- 
 nifh, Norman and Modern French, Italian, 
 Spanilh, Latin,g Greek, Hebrev/, Chaldee, 
 8cc. each in its proper Charatler. Alfo ex- 
 plaining hard and technical Words, or 
 Terms of Art, in all the Arts, Sciences, 
 and Myfteries following. Together with 
 Accents direfting to their proper Pronun- 
 tiation, fhewing both the Orthography and 
 Orthoepeia of the Englifli Tongue, viz. in 
 Agriculture, Algebra, Anatomy, Archite- 
 flure, Arithmetick, Aftrology, Aftronomy, 
 Botanicks, Catoptricks, Chymiftry, Chyro- 
 niancy, Chirurgery, Confeftionaiy, Cooke- 
 ry, Cofinography, Dialling, Dioptricks, 
 Ethicks, Fifhing, Fortification, Gardening, 
 Gauging, Geography, Geometry, Gram- 
 mar, Gunnery, Handicrafts, Hawking, He- 
 raldry, Horfemanfhip, Husbandry, Hydrau- 
 licks. Hydrography, Hydroftaticks, Lav/-, 
 Logick, Maritime and Military Aft'airs, 
 ISIathematicks, Mechanicks, Merchandize, 
 Mytaphyficks, Meteorology, Navigation, 
 Opticks, Otacoufticks, Fainting, Perfpec- 
 tive, Pharmacy, Philosophy, Phyfick, Phy- 
 fiognomy, Pyrotechny, Rhetorick, Sculp- 
 ture, Staticks, Statuary, Surveying, Theo- 
 logy, and Trigonometry. Illuftrated with 
 near five hundred Cuts for giving a clearer 
 Idea of thofe Figures not fo well appre- 
 hended by verbal Defcription. Alfo a Col- 
 leftion and Explanation of Words and 
 Phrafcs us'd in our antient Charters, Sta- 
 tutes, Writs, Old Records and Procefles at 
 Law. Alfo the Theogony, Theology, and 
 Mythology of the Egyptians, Greeks, Ro- 
 mans, &c. being an Account of their Dei- 
 tics, Solemnities, either Religious or Civil, 
 their Divinations, Augurie.'^, Oracles, Hie- 
 roglyphicks, and many other curious Mat- 
 ters, neceflary to beniiderflood, cfpecially* 
 by the Readers of Englifh Poetry. To 
 which is added, a CoHe£lion of Proper 
 Names of Perlbns and Places in Great-Bri- 
 tain, with their Etymologies and E.vplica- 
 tions. The Whole digefted into an Al- 
 phabetical Order, not only for the Infot-
 
 University of Caiifornia 
 
 SOUTHERN REGiONAL LiBRARY FACILITY 
 
 405 Hilgard Avenue, Los Angeles, CA 90024-1388 
 
 Return tliis material to tlie library 
 
 from which it was borrowed. 
 
 ^
 
 SOUTHERN REGIONAL "BRAR* "^IJ,!,,, 
 
 D 000 016 001
 
 
 University c 
 Southern 
 Library ,