Council of Florence
17th Ecumenical Council
(Basle-Ferrara-Florence)
1431-1445 A.D.
Part 6
[On the number and qualities of cardinals]
Since the cardinals of the holy Roman church assist the supreme
pontiff in directing the christian commonweal, it is essential that
such persons be appointed as may be, like their name, real hinges on
which the doors of the universal church move and are upheld. The sacred
synod therefore decrees that henceforth their number shall be so
adjusted that it is not a burden to the church which now, owing to the
malice of the times, is afflicted by many serious inconveniences) or
cheapened by being too large. They should be chosen from all the
regions of Christianity, as far as this is convenient and possible, so
that information on new things in the church may be more easily
available for mature consideration. They should not exceed twenty-four
in number, including the present cardinals. Not more than a third of
them at any given time shall be from one nation, not more than one from
any city or diocese. None shall be chosen from that nation which now
has more than a third of them, until its share has been reduced to a
third. They should be men outstanding in knowledge, good conduct and
practical experience, at least thirty years old, and masters, doctors
or licentiates who have been examined in divine or human law. At least
a third or a quarter of them should be masters or licentiates in holy
scripture. A very few of them may be sons, brothers or nephews of kings
or great princes; for them an appropriate education will suffice, on
account of their experience and maturity of behaviour.
Nephews of the Roman pontiff, related to him through his
brother or sister, or of any living cardinal shall not be made
cardinals; nor shall bastards or the physically handicapped or those
stained by a reputation of crime or infamy. There can, however, be
added to the aforesaid twenty-four cardinals, on account of some great
necessity or benefit for the church, two others who are outstanding in
their sanctity of life and excellence of virtues, even if they do not
possess the above-mentioned degrees, and some distinguished men from
the Greeks, when they are united to the Roman church. The election of
cardinals shall not be made by oral votes alone, rather only those
shall be chosen who, after a genuine and publicized ballot, obtain the
collegial agreement, signed with their own hands, of the majority of
the cardinals. For this purpose let an apostolic letter be drawn up
with the signatures of the cardinals. The decree of this sacred council
beginning Also since the multiplication of cardinals, etc., which was
published in the fourth session, is to remain in force. When cardinals
receive the insignia of their dignity, whose meaning is readiness to
shed their blood if necessary for the good of the church, they shall
take the following oath in a public consistory, if they are in the
curia, or publicly in the hands of some bishop commissioned for this
purpose by an apostolic letter containing the oath, if they are not in
the curia.
I,N., recently chosen as a cardinal of the holy Roman church,
from this hour henceforward will be faithful to blessed Peter, to the
universal and Roman church and to the supreme pontiff and his
canonically elected successors. I will labour faithfully for the
defence of the catholic faith, the eradication of heresies errors and
schisms, the reform of morals and the peace of the christian people. I
will not consent to alienations of property or goods of the Roman
church or of other churches or of any benefices, except in cases
allowed by law, and I will strive to the best of my ability for the
restoration of those alienated from the Roman church. I will give
neither advice nor my signature to the supreme pontiff except for what
is according to God and my conscience. I will faithfully carry out
whatever I am commissioned to do by the apostolic see. I will maintain
divine worship in the church of my title and will preserve its goods:
so help me God.
For the preservation of the titular churches of the cardinals,
some of which have sadly deteriorated both in divine worship and in
their buildings, to the shame of the apostolic see and of the cardinals
themselves, this holy synod decrees that from the revenues and incomes
of the territories of the Roman church -- half of which belongs to the
cardinals in accordance with the constitution of Pope Nicholas, as was
said above -- a tenth of what each cardinal receives shall be applied
each year to his titular church. Moreover, each cardinal shall leave to
his titular church, either in his lifetime or at his death, enough for
the upkeep of one person. If he fails to do so, regarding both this and
the said tenth, all his goods shall be sequestrated until due
satisfaction has been made. We place the burden of carrying this out on
the first cardinal of the order in which he died. Each cardinal present
in the curia should make an annual visitation of his titular church in
person; each one not present should make it through a suitable deputy.
He should also inquire carefully concerning the clergy and the people
of his dependent churches, and make useful provision with regard to the
divine worship and the goods of these churches as well as the life and
conduct of the clergy and parishioners, about whom, since they are his
sheep, he will have to render an account at the severe judgment of God.
As regards the time of the visitation and other things, let him observe
what is laid down in our decree on synodal councils.
Although both the dignity itself and the cardinal's own promise
urge him to toil at the holy tasks just mentioned, yet results will be
greater if the tasks are spread among individuals. Therefore
cardinal-bishops shall inquire about what regions are infected with new
or old heresies, errors and superstitions; cardinal-priests shall
inquire about where conduct, observance of the divine commandments and
ecclesiastical discipline are lax; cardinal-deacons shall inquire about
which kings, princes and peoples are troubled by actual or possible
wars. Like busy bees, both with the supreme pontiff and among
themselves, they should promote these holy works with diligence and in
detail, striving to provide a remedy where this is needed. The supreme
pontiff for his part, as the common father and pastor of all, should
have investigations made everywhere not only when requested to do so
but also on his own initiative and he should apply salutary medicines,
as best he can, for all the illnesses of his children. If the cardinals
ever notice that a pope is negligent or remiss or acting in a way
unbefitting his state, though may this never happen, with filial
reverence and charity they shall beg him as their father to live up to
his pastoral office, his good name and his duty. First, let one or some
of them warn him that if he does not desist they will delate him to the
next general council, and if he does not amend they shall all do this
as a college together with some notable prelates. For the well-being of
the supreme pontiff and the common good they should not fear the
hostility of the supreme pontiff himself or anything else, provided
they act with reverence and charity. Much more so, if it comes to the
pope's notice that some cardinal is acting wrongly and reprehensibly,
he should correct him, always with paternal charity and according to
evangelical teaching. Thus, acting in charity towards each other, one
to another, a father to his sons and sons to their father, let them
direct the church with exemplary and salutary government.
Let the cardinals both publicly and privately treat with
kindness and respect prelates and all others, especially distinguished
persons who come to the Roman curia, and let them present their
business to the supreme pontiff freely and graciously. Since the
cardinals assist him who is the common father of all, it is very
unseemly for them to become accepters of persons or advocates. Hence
this holy synod forbids them to exercise any favouritism as collateral
judges, even if they take their origin from a favoured region. Neither
should they be biased protectors or defenders of princes or communities
or others against anyone, whether paid or unpaid, but putting aside all
sentiment let them assist the pope in pacifying quarrels with harmony
and justice. The holy synod urges and commends them to promote the just
business of princes and anybody else, especially religious and the
poor, without charge and without seeking reward, as an act of charity.
Let them preserve with readiness and kindness the gravity and modesty
that befits their dignity. Let them maintain towards all people
godliness which, according to the Apostle, is profitable in every way.
Although they should not neglect their kinsfolk, especially if they are
deserving and poor, they should not load them with a mass of goods and
benefices to the scandal of others. Let them beware of pouring out on
flesh and blood, beyond the bounds of necessity, goods coming from the
churches. If the pontiff notices such strutting among the great, he
should reprimand and object, as is fitting, and he will be blameworthy
if he fails to correct, in keeping with his office, whatever needs
correction.
The household, table, furniture and horses of both pope and
cardinals should not be open to blame as regards quantity, state,
display or any other excess. The house and its contents should be on a
moderate scale, a model of frugality and not a source of scandal. Both
the supreme pontiff and the cardinals, as well as other bishops, should
strive to observe the constitution of blessed Gregory which was
published at a general synod and which this holy synod now renews the
sense of which is as follows: Though the life of a pastor should be an
example to disciples, the clergy for the most part do not know the
private life-style of their pontiff, even though secular youths know
it; we therefore declare by this present decree that certain clerics
and even monks should be selected to minister in the pontifical
chamber, so that he who is in the seat of government may have witnesses
who will observe his true private behaviour and will draw an example of
progress from this regular sight.
Let them also pay attention to the words of Pope Paschal: "Let
bishops spend their time in reading and prayer and always have with
them priests and deacons and other clerics of good reputation, so that,
following the Apostle and the instructions of holy fathers, they may be
found without blame."3 It does not profit the commonweal for cases
other than those concerning elections to cathedral churches or
monasteries, or princes or universities or similar matters, to be
assigned by the pope or the chancery to cardinals, since they should
devote themselves to the greater problems of the universal church.
Lesser cases, therefore, should be sent to the court of the Rota, which
was instituted for this purpose. Neither the pope nor cardinals should
in future send their officials to prelates who have been confirmed or
provided, as it were to accept gifts, lest they allow others to do what
is unfitting for themselves to do. Something that has happened in the
past -- namely a sum of money or something else is subtracted from the
goods of a dead cardinal, as a charge for the ring given to him on the
assignment of his titular church -- is not to occur in the future,
since the labours of cardinals for the commonweal merit rather
obsequies from public funds, if they are poor.
[On elections]
Already this holy synod, with its abolition of the general
reservation of all elective churches and dignities, has wisely decreed
that provision should be made for them by canonical elections and
confirmations. It wishes also to forbid special and particular
reservations of elective churches and dignities, whereby free elections
and confirmations can be prevented; and to ensure that the Roman
pontiff will attempt nothing against this decree, except for an
important, persuasive and clear reason, which should be expressed in
detail in an apostolic letter. However, much has been done against the
intention of this decree and without the required reason, resulting in
serious scandals already and the likelihood of even more serious ones
in the future. This holy synod wishes to prevent this and does not want
the purpose of the decree, which was to remove every obstacle to
canonical elections and confirmations, to be deprived of its effect. It
therefore decrees that elections should assuredly be held in the said
churches without any impediment or obstacle and that, after they have
been examined in accordance with common law and the dispositions of our
decree, they shall be confirmed. However, if perhaps on occasion it
should happen that an election is made which in other respects is
canonical but which, it is feared, will lead to trouble for the church
or the country or the common good, the supreme pontiff, when the
election is referred to him for confirmation, if he is convinced that
there exists such a most pressing reason, after mature discussion and
then with the signed votes of the cardinals of the Roman church or the
majority of them declaring that the reason is true and sufficient, may
reject the election and refer it back to the chapter or convent for
them to institute another election, from which such consequences are
not to be feared, within the legal time or otherwise according to the
distance of the place.
[On reservations]
The numerous reservations of churches and benefices hitherto
made by supreme pontiffs have turned out to be burdensome to churches.
Therefore this holy synod abolishes all of them both general and
special or particular -- for all churches and benefices whatsoever that
were customarily provided for by an election or a collation or some
other disposition -- which were introduced either by the additional
canons Ad regimen and Execrabilis or by rules of the chancery or by
other apostolic constitutions, and it decrees that never again shall
they exist, with the exception only of reservations expressly contained
in the corpus of law and those which occur in the lands mediately or
immediately subject to the Roman church by reason of direct or
beneficial dominion.
[On Clementine "Letters"]3
Although apostolic and other letters may state that someone has
renounced, or been deprived of, a dignity, benefice or right, or has
done something for which a right of his has been taken away,
nevertheless letters of this sort should not prejudice him, even though
they are based on the status or the intention of the person making the
statement, unless proof is forthcoming from witnesses or other
legitimate documents.
SESSION 24 14 April 1436
[About business with the Greeks and about indulgences, etc.]
The holy general synod of Basel, legitimately assembled in the
holy Spirit, representing the universal church, for an everlasting
record. Our ambassadors to the most serene emperor of the Romans and
the most reverend lord patriarch of Constantinople, who were sent to
Constantinople on behalf and in the name of this holy synod, for
various reasons promised to present the terms which were concluded and
signed by the two sides on another occasion in this holy synod
regarding the manner of holding a universal and ecumenical council of
both churches, and to exhibit them with effect, under the customary
leaden seal of this holy synod, with the present date and containing
the following text word for word. This holy synod, unwilling to omit
anything that might help the union of Christ's churches, accepts,
approves, ratifies and confirms by this present decree the said promise
of its ambassadors and includes in this document the said terms word
for word as was promised by the said ambassadors, as follows.
The holy general synod of Basel, legitimately assembled in the
holy Spirit, representing the universal church, for an everlasting
record. Among the various works necessary for the whole christian
people for which this holy council was assembled, the union of the
western and eastern churches of Christ is the chief and greatest.
Rightly, therefore, from the very start of its proceedings, this holy
synod has made every effort to achieve this. For, as quickly as
possible it sent its ambassadors with letters to the most serene
emperor of the Greeks and the most reverend patriarch of
Constantinople, to exhort them with all charity and insistence that
they should send some persons with full authority to treat with us on
the way to achieve the said holy union. As soon as they were asked,
they appointed to this holy synod three outstanding men from those who
seem to be of great authority among them -- the first of whom was
indeed a blood-relative of the emperor -- with a sufficient commission
from the emperor himself signed by his own hand and with a golden seal,
and furnished with letters of the patriarch. Both in a general
congregation and in the presence of our commissaries they expressed the
most fervent desire of the emperor, the patriarch and the whole eastern
church for this union. They urge and daily stimulate us in a wonderful
way to pursue this holy work, strongly and persistently affirming two
things: that union is only possible in a universal synod in which both
the western church and the eastern church meet, and that it is to be
hoped that this union will follow if matters proceed in that synod in
the way that is agreed below. We were filled with joy and gladness when
we heard this. Therefore we venerable cardinals of the holy Roman
church, presidents of the apostolic see, casting all our thoughts on
God, who alone does great wonders, deputed the patriarch of Antioch and
a suitable number of archbishops, bishops, abbots, masters and doctors
to treat of this question with the ambassadors of the Greeks and to
look for a way to reach a solution. After these men had frequently met
and discussed among themselves and with the ambassadors, they reached
the conclusions given below. These conclusions, in accordance with the
custom of this council, were seriously debated by the deputations and
ratified by a general congregation. Their contents, together with the
chrysobull of the lord emperor, are as follows: The ambassadors of the
most serene lord emperor, etc., which is given at length in the
council's decree which is included above. But because the period of
time mentioned above, within which the aforesaid things should have
been fulfilled, has elapsed, not through the fault of either party but
because of various intervening negotiations, this holy synod therefore
accepts the period of time agreed by the most serene emperor of the
Greeks and the most reverend patriarch of Constantinople on the one
side, and by the ambassadors of this sacred council on the other,
namely the year beginning this coming month of May, so that for the
whole of this May until the following year each of the two parties is
prepared to carry out the aforesaid points, and each accepts and
promises that it will fulfil for its part, within the said time,
whatever is included in the above-mentioned terms.
[Safe-conduct for the Greeks given by the sacred council of
Basel to the lord emperor of the Greeks and the patriarch of
Constantinople]
The holy general synod of Basel, legitimately assembled in the
holy Spirit, representing the universal church. In our western region
and the obedience of the Roman church, a universal and ecumenical synod
is to be held, under God's inspiration, at which both the western
church and the eastern church will meet in accordance with the
agreement reached at this holy synod and later ratified in
Constantinople. In order that the sincerity of our intention towards
the eastern church may be manifest to all, and that all possible
suspicion as regards the security and freedom of those coming to it may
be removed, this holy synod of Basel by this present decree, in the
name and on behalf of the entire western church and of all in that
church of every status, including those of imperial, regal or
pontifical rank or of any lower spiritual or secular dignity, authority
or office, decrees, gives and concedes a full and free safe-conduct to
the most serene emperor of the Greeks, the most reverend patriarchs of
Constantinople, Alexandria, Antioch and Jerusalem, and others up to the
number of seven hundred persons, whether of imperial, regal,
archiepiscopal or any other rank, dignity or condition, who are coming
or shall come to the aforesaid universal and ecumenical council in the
west. This holy synod, by this decree, receives and has received into
its safe-keeping each and all of the said people, as regards their
persons, honours and everything else, in the kingdoms, provinces,
lordships, territories, communities, cities, castles, towns, vills and
places of our obedience of the western church in which they shall stay
or through which they shall pass. It promises and concedes to each and
all of them, by this present synodal edict, free and safe permission to
approach and enter the city or place in which the said holy universal
council will be held; to stay, remain, reside and dwell there with all
the immunities, liberties and securities which those of the obedience
of the western church dwelling there will have; of debating, arguing
and alleging rights and authorities and of saying, doing and treating
of, freely and without hindrance from anyone, anything else that may
seem to them useful and apt for the union of the churches of Christ.
They may at will go out and return from the said town or place
safely, freely and without restraint, once or often or as many times as
any of them may wish, singly or together, with or without their goods
and money, with every real or personal obstacle ceasing and being put
aside, even if the said union does not come about, though may that not
be so. In the latter case and in every other outcome, the most serene
emperor, the lord patriarchs and other aforesaid persons will be taken
back to Constantinople, at our expense and in our galleys, without any
delay or obstacle, with the same honours, good will and friendship with
which they were brought to the said universal council, whether or not
union resulted from the council.
All this is notwithstanding any differences, disagreements or
dissensions about the aforesaid matters, or any of them in particular,
which exist at present or could arise in the future between the said
western and eastern churches, that is, between the Roman church and
those subject and attached to it, and the aforesaid most serene emperor
and others attached to the church of Constantinople; notwithstanding
any judgments, decrees, condemnations, laws or decretals of any kind
that have been or shall be made or issued; notwithstanding any crimes,
excesses, faults or sins that may be committed by any of the aforesaid
persons; and notwithstanding anything else, even if it is something for
which a special mention in this decree is necessary. If one or some of
ours should harm one or more of them, though may it not happen, or
should molest them in their persons, honour, property or anything else,
the miscreant shall be sentenced by us or ours to make adequate and
reasonable satisfaction to the injured party. And conversely, if any of
them harms any of ours, he shall be sentenced by them to make adequate
and reasonable satisfaction to the injured party, in accordance with
the customs of both parties. As regards other crimes, excesses and
faults, each party will institute proceedings and pass judgment on its
own members.
This holy synod exhorts all Christ's faithful and furthermore
commands, by the authority of the universal church and in virtue of the
holy Spirit and of holy obedience, all prelates, kings, dukes, princes,
officials, communities and other individuals, of whatever status,
condition or dignity, who are members of our western church, to observe
inviolably each and all of the above things and, far as they can, to
have them observed; and to honour and treat with favour and reverence,
and to have so honoured and treated, both individually and together,
the most serene emperor, the patriarch and each and all of the other
aforesaid persons on their way to and from the said council. If any
doubt arises about the safe-conduct and its contents, it shall be
decided by a declaration of the universal synod which is to be held.
This holy synod, for its part, wishes the safe-conduct to remain in
force until the most serene emperor, the patriarch and other aforesaid
persons with their nobles and suites to the number of seven hundred
persons, as was stated, and with their goods and chattels, have
returned to Constantinople. If anyone attempts to act in any way
contrary to the aforesaid or any part of it, let him know that he will
incur the indignation of almighty God and of the said holy synod.
SESSION 25 7 May 1437
[On the places for the future ecumenical council for the Greeks]
The holy general synod of Basel, legitimately assembled in the
holy Spirit, representing the universal church, for an everlasting
record. Recently this holy synod among the various tasks for which the
inscrutable providence of the divine majesty has deigned, by the
invocation of the holy Spirit the paraclete, to bring it together and
to employ it in the cultivation of the Lord's field, turning its mind
like a watchful farmer and clearly perceiving how deplorable and
abiding has been the division in God's church over the profession of
the same faith by the eastern and western churches, conceived high hope
and confidence in the most merciful goodness of him with whom nothing
is impossible, and who generously and without restraint gives to all
who duly ask him, to bring about the unity of the catholic faith
between these churches. It decided, therefore, to apply the resources
of its diligence more fully, grudging no labour or expense, because it
was convinced that thence would follow the greater praise and glory of
almighty God, a more fruitful salvation of souls and a greater increase
of the faith. Desirous of undertaking this most salutary project of
union, with the help of the grace of the holy Spirit it invited and
exhorted to come to the project, through various envoys and letters,
the most serene emperor of the Romans, the venerable patriarch of
Constantinople, the other prelates and the rest of the Greek people.
The emperor, the patriarch and others of the Greeks received
these exhortations with eagerness, their hearts inclined and influenced
by the grace of the most High. Sincerely zealous to embark on this
project of union, they decided to send to this holy synod their solemn
envoys and spokesmen, who were furnished with an adequate mandate with
the golden seal and signature of the emperor and the leaden seal of the
patriarch, devoutly expressing their most fervent desire for this unity
of faith. This holy synod concluded with them, in various preliminary
meetings and deliberations about the execution of this salutary task of
union, certain mutually agreed decrees and terms highly useful and
necessary for this purpose, which were recorded above and were
promulgated in a session of this holy synod in the cathedral of Basel.
Thereafter this holy synod wished to implement these decrees and terms
by all necessary and suitable means, and therefore to proceed to
choosing a place for the coming ecumenical council, to which the
aforesaid emperor, the patriarch and others of the Greeks could and
should come. After many propositions about these and other topics
relevant to this holy matter had been considered by the various
deputations of this holy synod, and after the votes of their members on
these points had been counted, finally in a general congregation
summoned for this purpose in the said cathedral, as is customary, in
which the votes of the individuals were again counted, it was found
that more than two-thirds of them had voted for Basel, Avignon or
Savoy. After they had invoked the grace of the holy Spirit and
celebrated a mass, they agreed that due and earnest pressure should be
exerted on the emperor, the patriarch and other aforesaid Greeks, with
the many good reasons being put before them, so that they might agree
to Basel as the place for the ecumenical council, and that if they
rejected Basel, it should be held at Avignon. If Avignon proved
impossible, it should be held in Savoy.