Council of Florence
17th Ecumenical Council
(Basle-Ferrara-Florence)
1431-1445 A.D.
Part 7
Therefore, in order that each and all of the aforesaid points might
be brought to fruition, with all the solemnity normally employed in
this sacred council of Basel in expediting matters of importance, while
the fathers are seated in the cathedral of Basel after the mass, this
holy synod decrees, wishes, ordains and declares that the future
ecumenical council ought to be held at the due and agreed time in the
city of Basel or, if that is rejected, in the city of Avignon or
otherwise in Savoy, in accordance with the above-mentioned agreement;
and that the emperor, the patriarch and other aforesaid Greeks, as
detailed in the said terms and decrees, and all other persons of
whatever rank, status, dignity or pre-eminence who ought by right or
custom to take part in general councils, including those of episcopal
rank, are bound and obliged to come to and take part in that ecumenical
council, especially so that this salutary work might be completed. This
holy synod wishes, declares and decrees this nomination and choice to
be firm, fixed and unchangeable. Any modification, ordinance,
disposition, nomination or choice to the contrary that may be made by
this holy council or by one or more other persons, whatever their
authority, even if it be papal, is utterly invalid; and this holy synod
from its certain knowledge as from now quashes, revokes and annuls any
such measures, and denounces them as quashed, null and of no effect,
and it wishes them to be of no effect and holds them so now, in so far
as they impede or oppose in whole or in part the said choice. Also this
holy synod from its certain knowledge supplies for any defect that may
exist in the aforesaid things or in any of them in particular.
Furthermore, since this very difficult undertaking, which will bear
great fruit in God's church, as well as the transport and maintenance
of the aforesaid Greeks, cannot be accomplished without heavy expenses,
it is right and fitting that all of Christ's faithful, especially
ecclesiastics, should contribute generously from the substance of the
patrimony of our lord Jesus Christ entrusted to them, for the
conclusion of so happy a venture. This holy synod therefore imposes on
each and every ecclesiastical person, both exempt and non-exempt under
whatever form or words, even the order of St John of Jerusalem, of
whatever status, dignity, rank, order or condition, even if they are
cardinals or bishops, a tenth of all their ecclesiastical fruits and
revenues -- only daily distributions being excepted -- from their
churches, monasteries, dignities, offices and other ecclesiastical
benefices. This tenth has already been imposed and agreed upon in a
general congregation of this holy synod, and this holy synod now
decrees and declares that it is to be imposed, and by this decree it
imposes it. Furthermore, the said holy synod decrees, wishes, ordains
and declares that the venerable bishops John of Luebeck, Luis of Viseu,
Delfino of Parma and Louis of Lausanne, envoys of this holy synod, have
full power for bringing the Greeks to the place of the ecumenical
council, and for the majority of them then present to choose and
nominate the Latin port which is most suitable and nearest to the
places chosen and nominated above, and to which the said Greeks ought
to direct themselves. The synod concedes this power to them by this
present decree in accordance with the form of the other letters granted
to them in this affair. Finally the same holy synod wishes, ordains and
decrees, for the due and desired execution of the aforesaid points and
what follows from them, and for the fuller security of the said envoys
and of the council, that, at the request of these envoys or of their
agents, any other suitable, useful and necessary letters shall be
granted, drawn up and despatched in due and correct form by the synod's
chancery under the synod's seal.
The holy general synod of Basel, legitimately assembled in the
holy Spirit, representing the universal church, for an everlasting
record. This holy synod from its outset, in order that those things
might be accomplished which general councils are instituted to achieve
with the assistance of the holy Spirit, devoted very great care to
promoting union between the western and eastern peoples so that, as the
church of God has suffered innumerable disasters from the long-standing
dissension, the greatest profit might ensue from fraternal union.
Therefore it sent envoys to Constantinople for the promotion of this
holy work. They returned with the ambassadors of the most serene
emperor of the Romans and of the venerable patriarch of Constantinople.
After many meetings and mature deliberation on this subject, certain
terms were agreed between this sacred council and those ambassadors and
were confirmed by a decree in a public session. By these terms this
holy synod bound itself to send envoys with certain sums of money, two
large and two smaller galleys and three hundred crossbowmen within a
fixed time, and to nominate through these envoys one of the places
mentioned in the decree for the ecumenical council, where the emperor
and the patriarch with seven hundred persons would meet with us to
bring about this holy union.
However, since the time-limit for accomplishing the above is
imminent, this holy synod, desirous of fulfilling its promises
completely and of bringing to its desired goal this holy endeavour
which is the most salutary of all works in these times, came to the
following conclusion in its discussions and then in a general
congregation: namely, that Florence or Udine in Friuli should be put
into the council's hands, or else that there should be chosen for the
ecumenical council some other safe place which is mentioned in the
decree and is convenient for the pope and the Greeks, that is to say
whichever of the aforesaid places shall be quickest to collect and send
the galleys, the sums of money and other requisites with the necessary
securities. The port would be Venice, Ravenna or Rimini; whichever of
them the emperor and the patriarch of Constantinople prefer. Also, so
that the clergy are not burdened uselessly, the tenth shall not be
decreed or exacted until the Greeks have arrived at one of the
above-mentioned ports. Also, that the sacred council should remain in
this city during the whole time covered by the decree. Also, that the
legates and presidents of the apostolic see, after they have summoned
such fathers as shall seem good to them, shall choose the envoys for
accompanying the Greeks and for carrying out the aforesaid things;
these envoys ought to urge forcibly the choice of this city of Basel.
Therefore, in order that each and all of the above may attain due
effect, with the assistance of divine grace, in this public and solemn
session this holy synod wishes, decrees and declares that the aforesaid
decision is definite and valid, to be adhered to and to be implemented.
It quashes, voids and annuls, and declares to be quashed, void and
null, whatever has been or shall be done, or may be attempted, by any
person or persons contrary to the above or its consequences or whatever
could in any way impede their execution. And it wishes that the
aforesaid apostolic legates and presidents shall compose in due form
and under the seal of the council suitable letters for the execution of
the above, and shall expedite whatever else may be necessary and
appropriate for this holy enterprise.
SESSION 1 8 January 1438
[Declaration of cardinal Nicholas Albergati, president of the council]
We, Nicholas, legate of the apostolic see, announce that we
preside on behalf of our most holy lord pope Eugenius IV in this sacred
synod which was translated from Basel to the city of Ferrara and is
already legitimately assembled, and that the continuation of this
translated synod has been effected today 8 January, and that the synod
is and ought to be continued from today onwards for all the purposes
for which the synod of Basel was convened, including being the
ecumenical council at which the union of the western and the eastern
church is treated and with God's help achieved.
SESSION 2 10 January 1438 [On the legitimate continuation of the council of Ferrara, against the assembly at Basel]
For the praise of almighty God, the exaltation of the catholic
faith and the peace, tranquillity and unity of the whole christian
people. This holy universal synod, through the grace of God authorized
by the most blessed lord pope Eugenius IV, legitimately assembled in
the holy Spirit in this city of Ferrara, represents the universal
church. Its president, on behalf and in the name of the said most holy
lord Eugenius, is the most reverend father and lord in Christ lord
Nicholas, cardinal-priest of the holy Roman church of the title of holy
Cross in Jerusalem, legate of the apostolic see. It adheres to the firm
foundation of him who said to the prince of the apostles: You are
Peter, and on this rock I will build my church. It is eager to preserve
the unity of the spirit in the bond of peace, so that we might be one
body and one spirit, just as we were called in the one hope of our
calling. It records that much was done in days past both at the former
council of Basel and after its translation by some staying on there
without any authority, and also by the said most blessed pope lord
Eugenius, especially in respect of the business of the most holy union
of the western and the eastern church, namely the following: the decree
of the nineteenth session of the former council of Basel beginning As a
dutiful mother, to which the most holy lord Eugenius gave his assent by
his letter; also an agreed proposal on the choice of a place to which
the council of Basel should be translated which was agreed upon and
confirmed by all the fathers in common and which led to the decree of
the twenty-fifth session of the former council, which begins This holy
synod from its outset etc. and which the pope himself, urged on by the
envoys of the Greeks, accepted and confirmed by his letter given in a
general consistory at Bologna and published in the presence of these
envoys, also the letter of the same most blessed Eugenius dated 18
September last, issued in a general consistory at Bologna and solemnly
read out at the beginning of the continuation of this synod, by which
the pope with the counsel and consent of the most reverend cardinals of
the holy Roman church and with the approval of the prelates then in the
curia, transferred the council to this city of Ferrara; also the letter
of the declaration of the same, dated 30 December, immediately
following the said translation; all of which this holy synod has
ordered to be registered verbatim in its acts as a permanent record, as
is contained in these same acts.
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 ...