geniusmight be called an hereticke, which had so rebelliously contemned the commaundements of the church. Hereupō they gathered them selues together, disputing long amongest them selues, some affirming, and other some holding the negatiue part. MarginaliaThree opinions touching the pope.Vpon this their disputation, there arose three seuerall opinions, some affirming that he was an hereticke, other some, not onelye an hereticke, but also a relaps. The third sorte would neither graunt him to be an hereticke nor a relaps. Amongest these diuines, the chiefe and principall both in learning and authority, was the bishop of Ebrun, Ambassadour of the king of Castell, and a certayne Skottishe Abbot: which, as twoo most valiaunt Champions, subdued all their enemies, so that all the rest did either consent vnto their argumentes, or gaue place vnto them, and so their determination tooke place, and Eugenius was pronounced both an hereticke and relaps. Eight conclusions were there determined and allowed amongest the diuines, which they called verities: the copy whereof they did diuulgate thoughout all Christendome.

MarginaliaThe ambassadours returne frō Mentz.When the Ambassadours of the Councell were returned from Mentz, and that certaine report was made of the alowing of their decrees, the fathers of the councell thought good to discusse the conclusions of the Diuines more at large. MarginaliaThe popes heresie discussed.Whereupon, by the commaundement of the deputies, all the maisters and doctours and Clergy were called together, with the residue of the prelates, into the Chapter house of the great churche, there openlye to dispute and discusse Eugenius heresie. MarginaliaThe bishop of Millaine taketh Eugenius part for feare of a schisme.The which thing sore greued the Bishop of Millaine, fearing least this disputation would woorke the depriuation of Eugenius, the whych, as he sayde, he had alwayes letted for feare of schisme: Wherefore he ceased not by al maner of wayes to labour, to stop and trouble the matter, exhorting them that were absent by his letters, and encouraging those that were present by his wordes, to the defence of Eugenius. But at the last, there was a great assembly in the Chapter house, some commyng thether to dispute, and other some to heare. Thys disputation continued sixe dayes, both forenoone and afternoone, amongest whom Cardinall Lodouicus Archbishop Arelatensis, was appoynted as Iudge and Arbiter of the whole disputation: who beside manye other notable vertues, was both valiant and constant. Nicolas Amici, whych was also a Proctor of the fayth, a famous man amongest the diuines of Paris, demaunded of euery mā what their opinion was. Iohn Dienlefist, publike Notary, wrote euery mans sentence and iudgement. MarginaliaCōclusions of the disputation.The cōclusions of the diuines, which were the ground & foundation of their disputation, were these here followyng.

Marginalia1.It is a veritie of the Catholike fayth, that the sacred generall councell, hath power ouer the Pope, or any other Prelate.

Marginalia2.The Pope cannot by his owne auctoritie, eyther dissolue, transport or proroge, the generall councell beyng lawfully congregate, wythout the whole consent of the councel: and this is of like veritye.

Marginalia3.He which doth obstinately resist these verities, is to be counted an heretike.

Marginalia4.Pope Eugenius the iiij. hathe resisted these verities, when as at the first, by the fulnes of his Apostolike power, he attempted to dissolue or to transporte the councell of Basill.

Marginalia5.Eugenius beyng admonished by the sacred councell, did recant the errors repugnant to these verities.

Marginalia6.The dissolution or translation of the councel attempted the second tyme by Eugenius, is against the foresayd verities, and contayneth an inexcusable errour touchyng the fayth.

Marginalia7.Eugenius in goyng about to dissolue and transport þ^e coūcell again, is fallen into his before reuoked errours.

Marginalia8.Eugenius beyng warned by the Synode, þ^t he shouldreuoke the dissolution or translation the second tyme attempted: after that his contumacy was declared, perseueryng in hys rebellion and erectyng a councell at Feraria, shewed himselfe therby obstinate.

These were the conclusions which were redde in the chapter house before the fathers of the councell. Vppon þ^e which, whē they were desired to speake their mindes, they all, in a maner, confirmed & allowed thē. Notwithstandyng Panormitane Archbishop, disputed muche against them. Likewyse did the Bishoppe of Burgen the kyng of Arragons Almoner. Yet did they not gainesaye the 3. first conclusions, but onely those wherin Pope Euguenius was touched. MarginaliaPanormitane speaketh again for the pope.This Panormitane as he was subtil, so did he subtelly dispute against the last cōclusions, endeuouryng himself to declare that Eugenius was not relapsed, and had greate contention with the bishop of Argens, Iohn Segouius, and Fraunces de Fuxe, diuines. MarginaliaArticles of fayth diuided in iii. sortes.He diuided the articles of the faythe into three sortes: straitlye, as in the crede: largely, as in the declarations made by þ^e church, most largely of all, as in those things which rise of the premisses, affirmyng that Eugenius did by no meanes violate his fayth in his first dissolution þ^t he made, because it is not contayned in the crede, neyther yet in the determinations of the churche, that the pope cannot dissolue the councels: and that it seemeth not vnto hym to rise of the determination before made, but rather of the decrees of the Councell of Constance: And further, that this, as a case omitted, is reserued for the pope to be discussed, for somuch as in the chapter begynnyng Frequens, it appeareth that the place where þ^e councell should be kept, ought to be chosen by þ^e Pope, the Councell allowyng the same, and nothyng is therof at all spoken. MarginaliaPanormitane preferreth the iudgement of the Cardinalls of Rome, before all the world.And if peraduenture Eugenius had offended in the first dissolution, notwithstandyng he ought to be holden excused, because he did it by the counsell of the Cardinals, representyng þ^e church of Rome: whose autoritie he sayd to be such, þ^t the iudgement therof should be preferred before all þ^e world. Neyther hath there bene any sacred councell found to haue proceded against Eugenius as an heretike, and þ^t is an euident signe, that the councell hath not thought him to haue swarued from þ^e faith, neither to haue any occasion, þ^t he should be called heretike for his errours reuoked, & that he himself hath redde þ^e whole text, þ^t the pope did not reuoke þ^e dissolutiō as contrary vnto the fayth, but as breedyng offēce: MarginaliaThe pope pretendeth the vniting of the Greekes, when he meaneth an other thyng.Also that the last dissolution hath no such cause in it: for so much as likewise he had done it by the counsel of the Cardinals, and for the vnityng of the Greekes, that he myght not be compelled in a criminall cause, to answer by his procuratour, whē as he beyng letted by sicknes, could not come personally. So, for as muche as in the first dissolution Eugenius hath fallen into no errour of faythe, he cannot be perswaded that he can bee called a relaps, for so much as he neyther in the first, neyther yet in the second dissolution did violate hys faythe.

This oration of Panormitane was more praysed then allowed of all men. MarginaliaThe pope no relaps, but prolaps.Notwithstanding this effect it wrought, that afterwarde this worde relaps was takē out of the conclusions, and in steede therof this woorde prolaps put in. Neyther durst Panormitane himselfe, altogether excuse Eugenius of heresie, but defēded more the first dissolution, then the second: yet departed he not without aunswer: MarginaliaIohn Segouius aunswereth to Panormitane.for Iohn Segouius an expert diuine, risyng vp, answered him reuerently as was comely for such a prelate. He sayd he graunted that which Panormitane had spoken touchyng the diuision of the articles of the faithe into. iij. pointes, for because it made for his purpose. For if those things are to be holdē for articles of fayth, said he, which may be gathered of þ^e determinations of the church, it were manifest that the conclusiōs wherupon we now contend, redound and come of the determinations of the curch: that is to say, of the councell