Concilium Basiliense Documenta Omnia [Tanner Translation]

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The lord deputies agreed with the lord ambassadors in what follows, subject to the council's consent. First, the ambassadors promised that the emperor of the Greeks, the patriarch of Constantinople, the other three patriarchs and the archbishops, bishops and other ecclesiastics who can conveniently come, will come to the synod. Likewise, representatives will come from all the kingdoms and territories subject to the churches of the Greeks, with full power and authority which shall be confirmed by oath and suitable documents by both the secular authorities and the prelates. Also, the sacred council shall send one or more ambassadors with eight thousand ducats for the holding of a congregation of the prelates of the eastern church in Constantinople. The eight thousand ducats will be paid out by the ambassadors of the sacred council, as it shall seem good to the lord emperor or to the ambassadors themselves; but in such a way that, if the said prelates refuse to come to Constantinople or, having come to Constantinople, refuse to go to the synod, then the emperor shall be bound to restore to the said ambassadors whatever they may have expended on this matter.

Also, that the western church shall pay the expenses of four large galleys, of which two shall be from Constantinople and two from elsewhere, to convey to our port at the appropriate time the emperor, the patriarchs and the prelates of the eastern church with their suites, to the number of seven hundred persons, and to return them to Constantinople. The western church shall pay the expenses for this in the following way. For the expenses of the emperor and of seven hundred persons from Constantinople to our last port, it will give the emperor fifteen thousand ducats. From the said last port to the place of the said council, and thereafter as long as they remain at the synod and until their return to Constantinople, it will give to the emperor with the said seven hundred persons fair expenses. Also that within the ten months after next November, the sacred council shall be obliged to send two large galleys and two lighter ones to Constantinople with three hundred crossbowmen. On these galleys shall travel the ambassadors of the sacred council and the lord Demetrius protonostiarius Palaeologus, chief of the lord emperor's ambassadors. These ambassadors of the sacred council will have with them fifteen thousand ducats to be given to the lord emperor for the expenses that he and the patriarchs, prelates and others who are coming, to the number of seven hundred persons, shall incur between Constantinople and the last port at which they shall put in, as mentioned above. Also, the said ambassadors of the sacred council who are to travel on the galleys will arrange that ten thousand ducats are at hand to be expended, if necessary, on the defence of the city of Constantinople against any danger that the Turks might cause the city during the lord emperor's absence; this money will be expended by someone deputed by the said ambassadors of the sacred council in proportion to the necessity. Also, the said ambassadors of the sacred council will pay the cost of two light galleys and three hundred crossbowmen for the defence of the city of Constantinople in the lord emperor's absence, and shall ensure that the crews of the said galleys and the crossbowmen take an oath in the hands of the emperor that they will serve him faithfully. Their captains shall be appointed by the emperor. Also, that the said ambassadors shall have for the expenses of the two large galleys what is usually expended in arming such galleys.

Also, the ambassadors of the sacred council who are to go with the said galleys to Constantinople, shall name to the lord emperor the port at which they should finally land and the place, from among those listed above, where the said universal synod shall be held. They will, however, strive with all their might that the city of Basel be chosen, as is to be hoped. Also, this sacred council of Basel will remain meanwhile at Basel, and shall not be dissolved as long as there is no legitimate impediment; but if a legitimate impediment arises, which may God avert, it may transfer itself for its continuation to another city, in accordance with the decree The frequent . If the lord emperor is not satisfied with this place, then within one month after he has landed at the said last port, the sacred council will transfer itself to one of the said places nominated by the same council, as was said above.

Also that, in any event, all the above shall be fulfilled by both parties; and all the above shall be effected in a really stable way and with the greatest force and security that is possible for the sacred council, namely by a decree and under a seal. Also, when all the aforesaid matters have been concluded and agreed and, as was said, fully confirmed, the supreme pontiff should give his express consent by his patent bulls. Everything above is to be understood in good faith, without fraud or deceit and without legitimate or manifest impediment. If all the clauses are fulfilled, the said ambassadors of the Greeks shall state and promise that assuredly the above persons will come even if there should be war and threats to their city, and in confirmation of all this they will deliver to the sacred council a chrysobull of the said emperor, and on behalf of the said emperor they and the others shall take an oath, in writing and signed, in pledge of their firm and true belief that the universal holy synod ought to take place with God's help, unless there intervenes the death of the emperor or some obvious and real obstacle that cannot be escaped or avoided.

Lastly, the ambassadors of the Greeks were requested to explain the meaning of some terms contained in their instructions. First, what they understand by "universal synod". They replied that the pope and the patriarchs ought to be present at the synod either in person or through their procurators; similarly other prelates ought to be present either in person or through representatives; and they promised, as is stated above, that the lord emperor of the Greeks and the patriarch of Constantinople will participate in person. "Free and inviolate", that is each may freely declare his judgment without any obstacle or violence. "Without contention", that is without quarrelsome and ill-tempered contention; but debates and discussions which are necessary, peaceful, honest and charitable are not excluded. "Apostolic and canonical", to explain how these words and the way of proceeding in the synod are to be understood, they refer themselves to what the universal synod itself shall declare and arrange. Also that the emperor of the Greeks and their church shall have due honour, that is to say, what it had when the present schism began, always saving the rights, honours, privileges and dignities of the supreme pontiff and the Roman church and the emperor of the Romans. If any doubt arises, let it be referred to the decision of the said universal council. There follows the text of the chrysobull of the said emperor translated from Greek into Latin, Whereas there were sent . . . 1; and the letter of the lord patriarch of Constantinople with a leaden seal translated from Greek into Latin, which is as follows, Joseph by the grace of God archbishop of Constantinople . . . we receive the letter of your reverence . . . 2

By the authority of the universal church, therefore, this holy synod by this present decree approves, ratifies, confirms, determines and decrees the above clauses and agreements, and it promises to observe each and all of them and to keep them intact, as is said above. As they lead to an increase of the orthodox faith and the benefit of the catholic church and the whole christian people, they should be most welcome and acceptable to all who love the faith of Christ. Since, as has been said above, the Greeks for a variety of reasons request that the most holy lord pope Eugenius IV should expressly consent to these clauses and agreements, lest on this account so great a good should be let slip, this holy synod implores and begs Eugenius in all charity, and through the tender mercy of Jesus Christ it requests and demands with all possible insistence, that he expresses his assent, for the benefit of the faith and of ecclesiastical unity, to the aforesaid clauses and agreements, which have already been approved and ratified by a synodal decree, by his bulls in the customary style of the Roman curia.

[Decree on Jews and neophytes]

The holy general synod of Basel, legitimately assembled in the holy Spirit, representing the universal church, for an everlasting record. This holy synod following in the footsteps of our saviour Jesus Christ, desires in deepest charity that all may acknowledge the truth of the gospel and thereafter abide in it faithfully. By these salutary instructions it desires to provide measures whereby Jews and other infidels may be converted to the orthodox faith and converts may remain steadfastly in it. It therefore decrees that all diocesan bishops should depute persons well trained in scripture, several times a year, in the places where Jews and other infidels live, to preach and expound the truth of the catholic faith in such a way that the infidels who hear it can recognise their errors. They should compel infidels of both sexes who have reached the age of discretion, to attend these sermons under pain both of being excluded from business dealings with the faithful and of other apposite penalties. But the bishops and the preachers should behave towards them with such charity as to gain them for Christ not only by the manifestation of the truth but also by other kindnesses. The synod decrees that Christians of whatever rank or status who in any way impede the attendance of Jews at these sermons, or who forbid it, automatically incur the stigma of being supporters of unbelief.

Since this preaching will be more fruitful in proportion to the linguistic skill of the preachers, we decree that there must be faithful observance of the constitution of the council of Vienne, which ordered the provision in certain universities of teachers of the Hebrew, Arabic, Greek and Chaldean languages. So that this may be more adhered to, we wish that the rectors of these universities should add to what they swear to on taking office, that they will endeavour to observe the said constitution. It should be clearly laid down, at the councils of the provinces in which these universities are situated, that the teachers of the said languages are to be adequately recompensed.

Furthermore, renewing the sacred canons, we command both diocesan bishops and secular powers to prohibit in every way Jews and other infidels from having Christians, male or female, in their households and service, or as nurses of their children; and Christians from joining with them in festivities, marriages, banquets or baths, or in much conversation, and from taking them as doctors or agents of marriages or officially appointed mediators of other contracts. They should not be given other public offices, or admitted to any academic degrees, or allowed to have on lease lands or other ecclesiastical rents. They are to be forbidden to buy ecclesiastical books, chalices, crosses and other ornaments of churches under pain of the loss of the object, or to accept them in pledge under pain of the loss of the money that they lent. They are to be compelled, under severe penalties, to wear some garment whereby they can be clearly distinguished from Christians. In order to prevent too much intercourse, they should be made to dwell in areas, in the cities and towns, which are apart from the dwellings of Christians and as far distant as possible from churches. On Sundays and other solemn festivals they should not dare to have their shops open or to work in public.

[About those who desire conversion to the faith]

If any of them wishes to be converted to the catholic faith, all his goods, both movable and immovable, shall remain intact and unharmed in his possession. But if his goods were acquired by usury or illicit dealings, and the persons to whom restitution ought to be made are known, it is absolutely necessary that this restitution be made, since the sin is not forgiven unless the illegal object is restored. However, if these persons are no longer an issue because the church has turned the goods to pious uses, this holy synod, acting for the universal church, grants in favour of the baptism received that the goods should remain with the church as a pious use, and it forbids both ecclesiastics and secular persons, under pain of divine anathema, to cause or allow to be caused any vexation on this count under any pretext whatsoever, but they should regard it as a great gain to have won such persons for Christ. Moreover since, as it is written, if anyone has this world's goods and sees his brother in need, yet closes his heart against him, how does God's love abide in him ?, this holy synod through the tender mercy of God exhorts all, both ecclesiastics and secular persons, to stretch out helping hands to such converts if they are poor or in need at the time of their conversion. Bishops should exhort Christians to aid these converts and should themselves support them from the income of churches, as far as they can, and from what passes through their hands for the benefit of the poor, and they should defend them with fatherly solicitude from detraction and invective.

Since by the grace of baptism converts have been made fellow citizens with the saints and members of the household of God, and since regeneration in the spirit is of far greater worth than birth in the flesh, we determine by this edict that they should enjoy these privileges, liberties and immunities, of the cities and localities in which they are regenerated by holy baptism, which others obtain merely by reason of birth and origin. Let the priests who baptise them and those who receive them from the sacred font carefully instruct them, both before and after their baptism, in the articles of the faith and the precepts of the new law and the ceremonies of the catholic church. Both they and the bishops should strive that, at least for a long time, they do not mingle much with Jews or infidels lest, as occurs with convalescents from illness, a small occasion may make them fall back into their former perdition. Since experience shows that social communication between converts renders them weaker in our faith, and has been found to damage much their salvation, this holy synod exhorts local ordinaries to exercise care and zeal that they are married to born-Christians, in so far as this seems to promote an increase of the faith. Converts should be forbidden, under pain of severe penalties, to bury the dead according to the Jewish custom or to observe in any way the sabbath and other solemnities and rites of their old sect. Rather, they should frequent our churches and sermons, like other Catholics, and conform themselves in everything to christian customs. Those who show contempt for the above should be delated to the diocesan bishops or inquisitors of heresy by their parish priests, or by others who are entrusted by law or ancient custom with inquiring into such matters, or by anyone else at all. Let them be so punished, with the aid of the secular arm if need be, as to give an example to others.

There should be careful inquiry into all these things in provincial councils and synods, and an opportune remedy should be applied not only to negligent bishops and priests but also to converts and infidels who scorn the above. If anyone, of whatever rank or status, shall encourage or defend such converts against being compelled to observe the christian rite or anything else mentioned above, he shall incur the penalties promulgated against abettors of heretics. If converts fail to correct themselves after a canonical warning, and as Judaizers are found to have returned to their vomit, let proceedings be taken against them as against perfidious heretics in conformity with the enactments of the sacred canons. If there have been granted to Jews or infidels, or perhaps shall be granted to them in the future, any indults or privileges by any ecclesiastics or secular persons, of whatever status or dignity, even papal or imperial, which tend in any way to the detriment of the catholic faith, the christian name or anything mentioned above, this holy synod decrees them quashed and annulled; the apostolic and synodal decrees and constitutions enacted about the above remaining in force. In order that the memory of this holy constitution may be perpetually retained and that nobody may be able to claim ignorance of it, the holy synod orders that it should be promulgated at least once a year during divine service in all cathedral and college churches and other holy places where the faithful gather in large numbers.

SESSION 20 22 January 1435

[Decree on concubinaries]

The holy general synod of Basel, legitimately assembled in the holy Spirit representing the universal church, for an everlasting record. We are inclined to grant requests for authentic statutes and decrees in proportion to the likelihood that they will be observed. For this reason we ordered to be extracted from our acts and recorded in this present document, at the request of the beloved sons of the church N. and N. , who assert that they need texts of this kind for judicial and extra-judicial purposes, the texts of the constitutions transcribed below, which we issued some time ago and promulgated in the cathedral church of Basel on 22 January 1435 and incorporated into our acts. They are as follows.

Any cleric of whatsoever status, condition, religious order or dignity, even if it be episcopal or some other pre-eminence, who, after receiving notice of this constitution, as he may be presumed to have done, for two months after its publication in cathedral churches, which bishops are bound to arrange, after the constitution has come to his notice, still persists as a public concubinary, shall automatically be suspended for three months from the fruits of all his benefices. These fruits shall be consigned by his superior to the fabric or some other evident need of the churches from which the fruits come. His superior is bound to admonish him, as soon as he is aware that he is a public concubinary, to dismiss his concubine within a very short time. If he does not dismiss her, or having dismissed her takes her again or another woman, this holy synod orders his superior to deprive him of all his benefices. These public concubinaries moreover, shall be disqualified from receiving any goods, dignities, benefices or offices until such time as, after dismissing their concubines and an evident emendation of their lives, they shall have received a dispensation from their superiors. Those who receive a dispensation and then return to public concubinage, as to their vomit, shall be totally debarred from the above without any hope of another dispensation. If those who are responsible for correcting such people fail to punish them, as stated above, their superiors shall punish properly both them for their neglect and the others for their concubinage. Severe measures must be taken also in provincial and synodal councils against both those who neglect to punish and those who are reputed offenders, even by suspension from the conferment of benefices or some other adequate penalty. Those who are found by provincial councils or their superiors to deserve deprivation for public concubinage, but who can be deprived only by the supreme pontiff, should be referred immediately to the supreme pontiff together with the process of inquiry. The same diligence and inquiry should be employed by general and provincial chapters in respect of their subjects: and other penalties established against them and other non-public concubinaries are to remain in force. By "public" is meant not only someone whose concubinage is made notorious by a judicial sentence or a legal confession or by a notoriety that no subterfuge can conceal, but also anyone who keeps a woman suspected of incontinence and of ill repute and who, after being admonished by his superior, does not dismiss her.

Because in some regions there are persons with ecclesiastical jurisdiction who are not ashamed to accept bribes from concubinaries for allowing them to wallow in their filth, this holy synod commands, under pain of eternal malediction, that henceforth they shall not tolerate or dissemble such conduct in any way by agreement, composition or promise; otherwise, in addition to the aforesaid penalty for negligence, they shall be strictly obliged and compelled to give to pious causes double what they have received in this way. Prelates should take every care to segregate from their subjects concubines and women of doubtful repute, even by recourse to the secular arm if need be, and they should not allow children born of such concubinage to live with their fathers. This holy synod also orders that this constitution is to be published in the aforesaid synods and chapters, and that stern warning should be given to subjects to dismiss their concubines. It also enjoins on all secular men, even if they are of royal rank, not to interpose any obstacle whatever under any excuse to prelates who proceed, in virtue of their office, against their subjects for concubinage. Moreover, since fornication of every kind is forbidden by divine law and is to be avoided under pain of mortal sin, this holy synod warns all lay people, both married and single, to abstain from concubinage. That man is most blameworthy who has a wife but goes to another woman. If a single man cannot abstain, let him marry, as the apostle advises. Let those responsible strive with all their strength, by salutary advice and canonical sanctions, for the observance of this divine precept.

[Excommunicates are not to be shunned unless specifically named]

To avoid scandals and many dangers and to relieve timorous consciences, this holy synod decrees that henceforth nobody shall be obliged to abstain from communion with anyone in the administration and reception of sacraments or in any other sacred or profane matters, or to shun someone or to observe an ecclesiastical interdict, on the ground of any ecclesiastical sentence, censure, suspension or prohibition that has been promulgated in general by a person or by the law, unless the sentence, prohibition, suspension or censure was specifically or expressly promulgated or pronounced by a judge against a specified person, college, university, church or place, or if it is clear that someone has incurred a sentence of excommunication with such notoriety that it cannot be concealed or in any way excused in law. For the synod wishes such persons to be avoided in accordance with canonical sanctions. By this, however, it does not intend any relief or favour to those so excommunicated, suspended, interdicted or prohibited.

[Interdicts are not to be imposed lightly]

Since an undiscriminating promulgation of interdicts has led to many scandals, this holy synod determines that no city, town, castle, vill or place may be laid under an ecclesiastical interdict except by reason or through the fault of the places themselves or of their lord, governors or officials. Such places cannot be laid under an interdict by any ordinary or delegated authority by reason or through the fault of any other private person, unless the person has been previously excommunicated and denounced, or publicly named in a church, and the lords or governors or officials of the places, though requested by the authority of a judge, have not effectively evicted the excommunicated person within two days or made him give satisfaction. If he is evicted after two days, or retires or gives satisfaction, divine services may be resumed straightaway. This applies also to dependencies of the place.

So that lawsuits may be brought to a speedier end, a second appeal is hereby forbidden if it is a question of the same complaint or if the appeal is made from the same interlocutory sentence which does not have the force of a final judgment. Anyone who makes a frivolous or unjust appeal before the final judgment shall be condemned by the appeal judge to pay to the party appealed against the sum of fifteen gold florins of the treasury, in addition to the expenses, damages and interest.

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