Concilium Basiliense Documenta Omnia [Tanner Translation]

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All these facts and many more have been duly pondered and maturely discussed in various meetings. This holy synod declares that the aforesaid translation and declaration were and are legitimate, just and reasonable, and were and are made from urgent necessity so as to remove an obstacle to the most holy union of the western and the eastern church, to prevent a schism already threatening in God's church, and for the manifest benefit of the whole christian commonwealth, and that therefore this holy synod was legitimately assembled and established in the holy Spirit in this city of Ferrara for all the purposes for which the said former council of Basel was instituted at its beginning, and especially to be the future ecumenical council for the aforesaid most holy union; and that it ought to continue and to proceed to all the aforesaid matters. This holy synod therefore praises, accepts and approves the translation and the consequent declaration, as mentioned above. It exhorts in the Lord and requires of each and all of the present and future members of the holy synod to apply themselves to the above things with earnest care and serious study. By the generosity of him who has begun in us a good work, may everything be directed and done for his glory and the salvation of the whole christian people.

This holy synod further declares that, since the well known necessity of the above reasons demanded and impelled the said most holy lord Eugenius to that translation, the matter in no way falls within the decrees of the eighth, the eleventh or any other session of the former council of Basel.

It decrees that the assembly at Basel, and every other assembly which may perchance convene there or elsewhere under the name of a general council, rather is and ought to be considered a spurious gathering and conventicle, and can in no way exist with the authority of a general council.

It quashes, invalidates and annuls, and declares to be invalid, quashed, null and of no force or moment, each and all of the things done in the city of Basel in the name of a general council after the said translation, and whatever may be attempted there or elsewhere in the future in the name of a general council.

But if in the matter of the Bohemians something useful has been achieved by the said people assembled at Basel after the said translation, it intends to approve that and supply for defects.

In order that each and all of the members of the holy synod may be kept safe from every annoyance and may serve God in good works without anxiety, free from all fear, harassment and injury, this holy synod absolves, frees and dispenses, and declares to be absolved and freed, and the oaths to be dispensed from, each and all of those who, under whatsoever plea or cause, bound themselves to the former synod of Basel by oaths, with obligations and commitments, whereby their full and free right to obey this present holy synod and to promote its honour and good might be impeded and they might have scruples of some kind.

This holy synod also ordains and decrees that nobody of whatsoever rank or dignity, by any ordinary or delegated jurisdiction for any cause or occasion, except by the jurisdiction of the apostolic see, shall dare to disturb, harass or molest, in their dignities, offices, administrations, privileges, honours, benefices and other goods, each and all of those, both seculars and religious, including members of mendicant orders, who are or shall be at this present synod, or who follow the Roman curia and will soon be at this synod on account of the move of the most holy lord Eugenius with his curia to this city, which has been announced by the posting up of notices in accordance with the ancient custom of the curia.

But if, under any pretext, directly or indirectly, any should presume to molest any of the said persons in their dignities, offices, administrations, honours, privileges, benefices or other goods, or to prevent them from freely enjoying their jurisdiction, fruits and emoluments as they did before, or to confer on others their dignities, offices, administrations, honours and benefices, on the plea of some deprivation, this holy synod intends that each and all of them, even if they are cardinals, patriarchs, archbishops, bishops or persons with some other dignity, or chapters, colleges, convents or universities, shall incur automatically and without the need for a previous warning sentences of excommunication, suspension and interdict, absolution from which is reserved to the Roman pontiff alone, except at the hour of death.

Moreover the synod decrees that those who do not repent within three days after making these conferrals or placing these obstacles, by fully restoring those whose dignities, offices, administrations, honours and benefices they conferred, or whom they impeded in other ways, as stated above, to all their churches and benefices as they held them before, whether they held them by title, in commendam or in administration; and also each and all of those who presume to accept collation to the aforesaid dignities, offices, administrations, honours and benefices, even if they were made motu proprio, or to take possession of them in person or through others, or to hold such action as valid; all these persons are automatically deprived by law, if they previously had any claim in them, of all their other benefices, whether they held them by title, in commendam or in administration, and they are rendered perpetually disqualified from them and all other benefices, and they can be restored and habilitated only by the Roman pontiff.

This holy synod, moreover, warns and requires each and all of those who are obliged by law or custom to take part in general councils, to come as soon as possible to this present synod at Ferrara, which will continue, as noted above, for the speedy attainment of the aforesaid purposes.

SESSION 31 15 February 1438

[Ecclesiastical penalties against members of the Basel synod]

Eugenius, bishop, servant of the servants of God, for an everlasting record. The duties of the pastoral office over which we preside by divine mercy, despite our lack of merit, demand that we repress by opportune remedies the nefarious excesses of evil-minded persons, especially those who, unless prevented, strive to force the peaceful state of the church into various dangerous storms and disturbances and who endeavour to overturn the barque of Peter, and that we inflict due retribution for their excesses, lest boasting of their malice they give occasion to others to commit mischief. For it is a crime to be slack in punishing crimes that harm many people, as canonical regulations state.

Thus, the former council of Basel debated the choice of a place for the future ecumenical council. Those on whom the power of choosing the place devolved, passed a decree which was accepted by the ambassadors of our most dear son in Christ John, emperor of the Greeks, and of our venerable brother Joseph, patriarch of Constantinople. Some persons chose Avignon or another place, but the said ambassadors protested that most assuredly they did not want to go there, declaring as certain that the said emperor and patriarch would by no means go to the said sacred council unless we attended in person. Those who asked for Avignon, afraid that the Greeks certainly would not come to them, dared to concoct a certain decree or notorious pamphlet, which they call a monition, against us, even though it is null and indeed leads to serious scandal and a split in the church, disrupting this holy work of union with the Greeks.

In order to preserve the unity of the church and to promote the said union with the Greeks, we, for just, necessary and pressing reasons, with the advice and assent of our venerable brothers the cardinals of the holy Roman church, and with the advice and approval of very many of our venerable brothers the archbishops, bishops, beloved chosen sons and abbots who were present at the apostolic see, translated the said council of Basel, by our apostolic authority and in a fixed manner and form, to the city of Ferrara, which is suitable for the Greeks and for us, so that those at Basel might duly recoil from their scandalous actions, as is contained at greater length in the letter composed for the occasion' . But they, spurning every avenue of peace, persevering in their obstinate purpose, scorning the letter of the said translation and everything contained in it, and piling evil upon evil, not only rejected our reasonable translation made for the said most just and urgent reasons, as stated above, but even dared with renewed obstinacy to warn us to withdraw the said translation within a fixed time and under pain of suspension. Yet this would have been nothing less than to force us to abandon the prosecution of such a holy work so much desired by all Christians.

When we realized this, with grief of heart, since we saw that everything tended to the destruction of the holy task of union and to an open split in the church, as was said above, we declared that the translation had been made by us from necessity, that the conditions attached to it had been regularized, and that the council at Ferrara ought to begin and legitimately continue, as is stated more fully in another letter of ours .

To open this council at Ferrara we sent our beloved son Nicholas, cardinal-priest of the holy Roman church of the title of holy Cross, legate of us and the apostolic see.

This council at Ferrara, legitimately assembled and with many prelates, solemnly declared in a public session that the said translation and declaration were and are legitimate, just and reasonable, and were made from urgent necessity so as to remove an obstacle to the said most holy union between the western and the eastern church and to avoid an impending split in God's church for the evident benefit of the whole christian commonwealth, as is crystal clear from the decree made about it.

Meanwhile, informed that the aforesaid emperor, patriarch and Greeks were approaching the shores of Italy, under God's guidance we came to this council at Ferrara with the firm intention and purpose of effectively pursuing, with God's help, not only the work of holy union but also the objectives for which the council of Basel had assembled.

In view of all this, our beloved son Julian, cardinal-priest of the title of St Sabina, legate of the apostolic see, strongly urged the aforesaid people at Basel to withdraw from such flagrant scandals. But because of their obstinacy of mind he was without effect. Then, seeing them ready to precipitate still worse scandals in God's church, he departed so as not to appear to approve their impiety. They, for their part, paid no attention to this. Ignorant of how to direct their steps in the way of peace and justice, although they were already aware that the Greeks were utterly unwilling to come to them and were approaching the shores of Italy, they persevered in their hardness of heart. Since they could in no other way prevent and disrupt the union with the Greeks, for which they should have been labouring with us with all their strength and mind and assisting us, they added bad to worse and went to such a pitch of rashness and insolence that, even though many of the envoys of kings and princes who were at Basel execrated so wicked a deed and protested against it, they dared to declare with sacrilegious arrogance that we were suspended from the administration of the papacy and to proceed to various other things, albeit everything was null.

So we, conscious that their excesses are so notorious that they cannot be hidden by any subterfuge, and that error that is not resisted appears to be approved and throws wide open to delinquents a door that no longer guards against their intrusions, and unable without grave offence to our lord Jesus Christ and his holy church to tolerate further so many grievous excesses which are seen especially to impede, disrupt and utterly destroy the holy and most desired union with the Greeks, we decree against the aforesaid remnant at Basel, in virtue of the most High and with the approval of this holy council, the steps that should be taken with justice.

Hence we decree and declare, after mature deliberation with this holy synod and with its approval, that each and all of those meeting in Basel, in spite of the aforesaid translation and declaration, under the pretended name of a council which more accurately should be called a conventicle, and daring to perpetrate such scandalous and nefarious deeds, whether they are cardinals, patriarchs archbishops, bishops or abbots or of some other ecclesiastical or secular dignity, have already incurred the penalties instanced in our said letter of translation, namely excommunication, privation of dignities and disqualification from benefices and offices in the future.

We also decree and declare to be null and void and of no force or moment, whatever has been attempted by them in the name of a council or otherwise since the day of the translation made by us, or shall be attempted in the future, in respect of the aforesaid matters or against those who follow our curia or are at this sacred council at Ferrara.

We also command, with the approval of this council, under the same penalties and censures and in virtue of their oath by which they are bound to the holy apostolic see, each and all of the cardinals, patriarchs, archbishops, bishops, elected persons, abbots and all others of whatsoever condition, status or rank who are meeting in the said city of Basel under the pretext of a council, really and effectively to leave the said city within thirty days of the date of this decree. We also order the mayor of the citizens, the councillors and the magistrates ruling the city of Basel and the governors and other officials, whatever name they go under, to expel the aforesaid persons who have not left the city within the said thirty days and really and effectively to eject them.

If they fail to do this within the said thirty days, we decree that each and all of the said rulers and officials automatically incur sentence of excommunication, and the people and the city automatically incur sentence of ecclesiastical interdict; we specially reserve to ourself absolution from the sentences of excommunication, except at the hour of death, and the lifting of the interdict. We order and command, in virtue of holy obedience and under pain of excommunication, each and all of those to whom this notice shall come that, if the aforesaid persons meeting in Basel and the citizens are obstinately disobedient towards us, nobody should approach the city of Basel after the said thirty days and they should deny them all commerce and all articles needed for human use.

Merchants of all kinds, who have gone to Basel on account of the former council, shall depart under the same pain of excommunication. If there are some who ignore these orders of ours, daring perhaps to convey goods after the time-limit to those at Basel persisting in contumacy, since it is written that the righteous plundered the ungodly, such persons may be despoiled without penalty by any of the faithful and their goods shall be ceded to the first takers.

However, because the church never closes its bosom to returning sons, if the said people meeting in Basel, or some of them, repent and depart from the said city within the said interval of thirty days from the date of this present decree, then with the approval of this sacred council we remit and fully cancel the aforesaid penalties as for obedient sons and we wish, decree and order that they and their consequences are to be regarded as without force from the date of their imposition, and we supply with the council's approval for all defects, if perhaps there are any in respect of solemnity of the law or of omission. Let nobody therefore ... If anyone however ...

SESSION 42 9 April 1438

[Eugenius IV and the fathers of the council at Ferrara declare the council at Ferrara to be legitimate and ecumenical]

Eugenius, bishop, servant of the servants of God, for an everlasting record. It befits us to render thanks to almighty God who, mindful of his past mercies, always bestows on his church even richer growth and, although he allows her to be tossed on occasions by the waves of trials and tribulations, yet never permits her to be submerged but keeps her safe amid the mountainous waters, so that by his mercy she emerges from the various vicissitudes even stronger than before. For behold, the western and eastern peoples, who have been separated for long, hasten to enter into a pact of harmony and unity; and those who were justly distressed at the long dissension that kept them apart, at last after many centuries, under the impulse of him from whom every good gift comes, meet together in person in this place out of desire for holy union.

We are aware that it is our duty and the duty of the whole church to strain every nerve to ensure that these happy initiatives make progress and have issue through our common care, so that we may deserve to be and to be called co-operators with God.

Finally, our most dear son John Palacologus, emperor of the Romans, together with our venerable brother Joseph, patriarch of Constantinople, the apocrisiaries of the other patriarchal sees and a great multitude of archbishops, ecclesiastics and nobles arrived at their last port, Venice, on 8 February last. There, the said emperor expressly declared, as he had often done before, that for good reasons he could not go to Basel to celebrate the ecumenical or universal council, and he intimated this by a letter to those assembled at Basel. He exhorted and required all of them to go to Ferrara, which had been chosen for the council, to carry through the pious task of this holy union.

We have always had this holy union close to our heart and have sought with all our strength to bring it about. Therefore we intend to carry out with care, as is our duty, the decree of the council of Basel, to which the Greeks agreed, as well as the choice of a place for the ecumenical council, which was made at the council of Basel and which was later confirmed by us at Bologna at the urging of the envoys of the said emperor and patriarch, and any other things pertaining to this work of holy union.

Therefore we decree and declare, in every way and form as best we can, with the assent of the said emperor and patriarch and of all those in the present synod, that there exists a holy universal or ecumenical synod in this city of Ferrara, which is free and safe for all; and therefore it should be deemed and called such a synod by all, in which this holy business of union will be conducted without any quarrelsome contention but with all charity and, as we hope, will be brought by divine favour to a happy conclusion together with the other holy tasks for which the synod is known to have been instituted.

SESSION 5' 10 January 1439

[Decree translating the council of Ferrara to Florence]

Eugenius, bishop, servant of the servants of God, for an everlasting record. It is fitting that the site of an ecumenical council, in which men chosen from the whole christian world meet together, should be such that in it, among other human necessities, there should be the most important of all, namely healthy air. Otherwise, because of the pest-laden contagion of infected air which all people naturally fear and flee, those present at the council may be forced to depart with nothing accomplished and the absent will refuse to attend. Assuredly it is right that those who come together at synods to treat of difficult questions should be free from every anxiety and fear, so that they may be able in greater peace and freedom to give their attention to the matters of public concern.

We would, indeed, have preferred that the universal council which we initiated in this city should continue here, and that the union of the eastern and western churches should be brought to its happy and desired conclusion in this city, where we initiated it. When the plague afflicted this city last autumn, pressure was exerted by some for the transferral of the synod to a non-infected locality. Nothing was done, however, because it was hoped that the plague would cease with the advent of winter, as it usually does.

Since in fact the plague continues from day to day and it is feared that it will gain strength when spring and summer come, all judge and advise that a move must be made without delay to some non-infected place. For this and several other good reasons, with the agreement of our dear son John Palaeologus, emperor of the Romans, and of our venerable brother Joseph, patriarch of Constantinople, and with the approval of the council:

In the name of the Trinity, Father, Son and holy Spirit, with the full securities and safe-conducts which we gave to all at the beginning of the sacred council, we transfer and declare to be transferred as from now this ecumenical or universal synod from this city of Ferrara to the city of Florence, which is manifestly free for all, safe, peaceful and tranquil, and enjoying healthy air, and which, situated as it is between the Tyrrhenian and Adriatic seas, is excellently situated for easy access for both easterners and westerners. Let nobody therefore . .. If anyone however . . .

SESSION 6 6 July 1439

[Definition of the holy ecumenical synod of Florence]

Eugenius, bishop, servant of the servants of God, for an everlasting record. With the agreement of our most dear son John Palaeologus, illustrious emperor of the

Romans, of the deputies of our venerable brothers the patriarchs and of other representatives of the eastern church, to the following.

Let the heavens be glad and let the earth rejoice. For, the wall that divided the western and the eastern church has been removed, peace and harmony have returned, since the corner-stone, Christ, who made both one, has joined both sides with a very strong bond of love and peace, uniting and holding them together in a covenant of everlasting unity. After a long haze of grief and a dark and unlovely gloom of long-enduring strife, the radiance of hoped-for union has illuminated all.

Let mother church also rejoice. For she now beholds her sons hitherto in disagreement returned to unity and peace, and she who hitherto wept at their separation now gives thanks to God with inexpressible joy at their truly marvellous harmony. Let all the faithful throughout the world, and those who go by the name of Christian, be glad with mother catholic church. For behold, western and eastern fathers after a very long period of disagreement and discord, submitting themselves to the perils of sea and land and having endured labours of all kinds, came together in this holy ecumenical council, joyful and eager in their desire for this most holy union and to restore intact the ancient love. In no way have they been frustrated in their intent. After a long and very toilsome investigation, at last by the clemency of the holy Spirit they have achieved this greatly desired and most holy union. Who, then, can adequately thank God for his gracious gifts?' Who would not stand amazed at the riches of such great divine mercy? Would not even an iron breast be softened by this immensity of heavenly condescension?

These truly are works of God, not devices of human frailty. Hence they are to be accepted with extraordinary veneration and to be furthered with praises to God. To you praise, to you glory, to you thanks, O Christ, source of mercies, who have bestowed so much good on your spouse the catholic church and have manifested your miracles of mercy in our generation, so that all should proclaim your wonders. Great indeed and divine is the gift that God has bestowed on us. We have seen with our eyes what many before greatly desired yet could not behold.

For when Latins and Greeks came together in this holy synod, they all strove that, among other things, the article about the procession of the holy Spirit should be discussed with the utmost care and assiduous investigation. Texts were produced from divine scriptures and many authorities of eastern and western holy doctors, some saying the holy Spirit proceeds from the Father and the Son, others saying the procession is from the Father through the Son. All were aiming at the same meaning in different words. The Greeks asserted that when they claim that the holy Spirit proceeds from the Father, they do not intend to exclude the Son; but because it seemed to them that the Latins assert that the holy Spirit proceeds from the Father and the Son as from two principles and two spirations, they refrained from saying that the holy Spirit proceeds from the Father and the Son. The Latins asserted that they say the holy Spirit proceeds from the Father and the Son not with the intention of excluding the Father from being the source and principle of all deity, that is of the Son and of the holy Spirit, nor to imply that the Son does not receive from the Father, because the holy Spirit proceeds from the Son, nor that they posit two principles or two spirations; but they assert that there is only one principle and a single spiration of the holy Spirit, as they have asserted hitherto. Since, then, one and the same meaning resulted from all this, they unanimously agreed and consented to the following holy and God-pleasing union, in the same sense and with one mind.

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