of Constance: for, if therein the Pope bee made subiecte vnto the generall councell, who is it that wyll say that the Pope hath power ouer the councell whyche is aboue hym? or that Eugenius ought to remayne pope, because he coulde not dissolue the councell whiche is aboue him, without the cōsent therof? The which article vndoubtedly, he hath violate and broken. And if any mā will say that in the first dissolution this article was not violate, because there was no declaration made therof, let hym which so thinketh, thus vnderstand: that the bishop of Rome oughte not onely to know the plaine and manifest, but also the secrete and hidden thynges of the fayth, for he beynge the vycar of Christ and the head of all other, ought to instruct and teache all men. But if so be he will not, then he shall bee conuicted for beyng heade, because hee continued longe in the dissolution after the declaration of the councell, neyther dyd consent vnto the determination of the church, and therfore, if peraduēture he dyd not erre in the fayth, in dissoluing of the councell, yet did he erre in perseuering in þ^e same, as it manifestly appeareth by the saying of Clement oftentymes alleadged by Panormitane, wherin it is said, MarginaliaThe pope neglecting to do good is a member not of Christ but of the deuyll.that he which liueth rebelliously and neglecteth to doo good, is rather a member of the Deuil then of Christ, & rather an infidel then a true beleuer: so that Eugenius by disobeying the church, may worthely be called an infidel. Neyther is it true that the Pope hathe not offended in the fayth: For so much, as wel in that answer which beginneth Cogitanti, as also in the auuswer whiche beginneth Sperant, made vnto the Popes Ambassadours, these wordes are manifest: this article concerneth faith & we had rather die then through cowardlines to geue place. By the which saying it is euident, the Sinode to haue sufficiently admonished the Pope that he dyd against the fayth, and therfore it seemed that afterward when as Eugenius reuoked the dissolution, he also reuoked the errour of faythe conteyned in the same. There are also diuers offences sprong and rysen throughe the errour of fayth: for some say that the pope is vnder the councell, other some denye it, and this diuersitie of doctrine bringeth offence. Also it is expressely against the autoritie of the councel, that the Pope dyd reuoke the assertions made in their name. And albeit in such reuocations, the stile and order of iudgements is not obserued, notwithstandyng it doth suffise in such case, when as the councell doth proceede against the pope: MarginaliaCouncels bound to no positiue lawe.in which case onely the truth is to be obserued, neyther is þ^e councel subiect vnto any positiue lawe, that it ought to obserue any termes or iudicial orders. Also he said þ^t he vtterly cōtemned that singuler glose which did prefer the pope before all the world, so that it might well be called singuler, which decreed so folish and fonde thinges and vnworthy to be followed of anye man: and that he dyd much meruaile of Panormitane and other doctoures of those dayes, which whilest they went aboute to extol the autoritie of the gloses, doe abase the same by addyng a singularitie therto: for that glose is singuler which is alone. But who would not more esteme a glose constantly written and agreable in all places, then that whiche in any one place teacheth any thyng which may seeme to bee an errour: and that as touchyng the veritie and truth. S. Hierome a graue and auncient doctour is contrary to this glose, who doubteth nothyng at all, but þ^t the worlde, as touchyng authoritie is aboue the citie it selfe, that is to say, Rome.

Segouius, coulde scarselye finishe thys hys oration wythout interrruption: for Panormitane oftentimes enteruptynge hym, wente aboute to confute nowe thys and nowe that reason. Whereupon the byshoppe of Argen risinge vp, a man not onelye eloquente but also of a stout courage, troubled Panormitane in hys reasōs and argumentes, and put hym from hys purpose: yetthey proceeded so far, that they passed the maner of disputation, & dyd not abstayne from opprobrious taunts.

When the byshop of Argen chaunced to saye that the Byshoppe of Rome oughte to bee the minister of the churche, MarginaliaPanormitane apointeth the Pope lorde of the churches.Panormitane coulde not suffer that: in so much that he so forgot himselfe that day, and his knowledge (which otherwyse was great) did so fayle him, that he was not ashamed to saye & to affirme, that the Pope was Lord ouer the Church. Whom Segouius aunswered: Marke (sayth he) O Panormitane, what thou sayest: for this is the most honorable title of þ^e bishop of Rome, wherein he calleth himselfe the seruant of the seruantes of God. Which is gathered vppon this poynt, when as Christ sayd vnto his disciples, when they demaunded of hym which of them was the greatest, you know he aunswered them: MarginaliaThe Pope and the clergye desyre dominion contrary to the scriptures.The princes of the people haue rule and dominion ouer them, but amongest you it is not so, &c. Wherin he doth vtterly prohibite lordship and dominion. And Peter which was the first vicar of Christ, saith, feede the flocke of God whiche is committed vnto you, prouiding for them not by compulsion, but willinglye. And immediatly after he sayd, not as Lordes ouer the cleargy. For if Christ the sonne of God, came not to be ministred vnto, but to minister and serue, how then can hys vicar haue any dominion, or be called Lord, as you Panormitane will affirme: forsomuch as the disciple is not aboue his maister, nor the seruant aboue his Lord. And the Lord himselfe saith: be ye not called maisters, for so muche as your onelye maister is Christ, and hee whych is the greatest emong you, shalbe your seruant. Panormitane being somwhat disquieted wyth this aunswer, the councell brake vp and departed.

MarginaliaThe Frēch kinges ambassadore.The next day, there was a generall congregation, & they returned all agayne vnto the chapter house after dinner, wheras the Archbishop of Lyons, the kynges Orator beyng required to speake his mynde, after he had by diuers and sondry reasons proued Eugenius to be an hereticke, hee bitterly complayned, detestyng the negligence and ignauie, of those whiche had preferred such a man vnto the Papacie, and so moued all theyr heartes whiche were present, that they altogether with hym did bewayle the calamities of the vniuersall churche. MarginaliaThe bishop of BurgesThen the Bishop of Burgell, þ^e Ambassador of Spayne, diuided the conclusions into two partes, some he called general, and other some personall, disputyng very excellently as touchyng the thre first conclusiōs, affirmyng that he did in no point doubt of them, but onely that the addition whiche made mention of the faith, semed to be doubtful vnto him. But vpon this poynt, he stayed much, to proue that the Councell was aboue the Pope. The whiche after he had sufficiently proued both by Gods law & mans lawe, hee taught it also by Phisicall reason, alledgyng Aristotle for witnesse. MarginaliaThe coūcel aboue the Pope.He sayd that in euery well ordred kyngdome, it ought specially to be desired, that þ^e whole realme should be of more authoritie thē the kyng, which if it happened contrary, it were not to be called a kyngdome, but a tyranny: so lykewise doth he thinke of the churche, that it ought to be of more authoritie, then the prince therof, that is to say, the Pope. MarginaliaThe force of truth: whiche appeared also in Eucis hym selfe the writer hereof, although afterwarde when he was pope, he denied the same.The whiche his Oration hee vttered so eloquently, learnedly and truly, that all men depended vppon him, and desired rather to haue him continue his Oratiō, then to haue an end therof. But when as he entred into the other conclusions, he semed to haue forgotten him selfe and to be no more the same man, that hee was: for neither was there the same eloquence in his wordes, neither grauitie in Oration, or cherefulnes of countenaunce, so that if hee could haue sene him self, he would peraduenture greatly haue marueyled at him selfe. Euery man might well see and perceaue then the power and force of the truth whiche ministred copie of matter vnto him so long as he spake in the defence therof. But when as he began once to speake a-