quent, speaking for him & his fellowes, sayd, þ^t he heard, how þ^t they were euill spoken of amōgest some, in þ^t they had not honoured their king in that most sacred Session, whom it becommed speciallye to exalt & defende the fayth: which also for that cause aboue all other kynges was named most christen: notwithstāding he said þ^t they had a lawfull excuse, in that it was conuenient that they which were sent to intreate peace, should do nothing wherby their ambassade should be stopped or letted. MarginaliaTwo kindes of iniustice.Also there are ij. kindes of iniustice (sayd he) wherby either thinges are done that should not be done, or things that should not be done, are done. The first doth not alwaies binde, because it is conuenient to haue respecte of time, place, and person. But the last doth alwayes bynde, wherein, he sayd, they were not culpable. But as tou- touching the first poynt, they might seeme vnto some to haue erred, because they were not present at the Sessiō: but yet in this poynt they had sufficiēt to answer, forsomuche as, if they had beene present at that Session, they should haue bene vnmete to haue intreated anye peace with Eugenius: And therefore albeit they were wantyng at so holy a busines, in that poynt they followed the example of Paule, which albeit he desired to be dissolued & to be w^t Christ, yet for the further profit & aduancement of þ^e church, it was deferred. So likewise he sayd, þ^t they had now done, for þ^t they were not absent because they doubted of the conclusions (which they iudged to bee most true and holy, & wherunto they would sticke euen vnto death) but because they would not be vnmete for þ^e treaty of peace for which they came: and yet that which they had not done in their own person, they had fulfilled (sayd he) by theyr seruauntes & housholde, whom altogether they cōmaunded to reuerēce þ^e Session. I would þ^t I had bene then in þ^e place of some great prelate: MarginaliaO Æneas, you should haue vsed such sinceritie whē you were pope.surely they should not haue gon vnpunished, which thought to haue played bo peepe. For what doth the declaration of the truth hinder the treaty of peace? Or if it do hurt, why is not he counted as great an offender, which consenteth to him that declareth the truth, as he which doth declare it? What shall we nede any further testimonye? MarginaliaBeholde, the princes ambassadours declare Euguenius an enemy vnto the truth.for now the Ambassadours of the Princes haue declared Eugenius to be an enemye vnto þ^e truth. But to passe ouer these thinges, it is sufficient that Eugenius wrote afterwarde vnto the king of Fraunce, þ^t he dyd vnderstand the bishop of Turnon to be become his enemye.

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MarginaliaArelatensis cōmendeth the ambassadours.After that the bishop of Tournon had made an end, Cardinall Arelatensis gaue thankes vnto God, whiche had so defended hys Churche, and after great stormes and cloudes, had sent faire and cleare weather: and cōmendyng the good will of the Emperour and the king of Fraunce toward the churche, he also praysed the byshops of Lubecke and Turnon, for that oftētymes in the councel, and also of late at Mentz, they had defēded the autoritie of the councell. But speciallye he commended this their present doynges, that they had openly confessed the truthe, and had not sequestred themselues from the fayth of the church.

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MarginaliaThis Councell was gathered to take away the ambition of the Byshops of Rome, that they should not thinke they mught do all thinges according to their own pleasure: and further to reuoke them from the care of temporall thinges vnto spirituall thinges, which now they regarded not.Afterward, he entryng into the declaration of the mater, sayd that he was at Pysis and at Constance, and neuer saw a more quiet or deuout session, then this, affyrming þ^t this decre was most necessary, to represse þ^e ambition of þ^e bishops of Rome, which exalting thēselues aboue the vniuersal church, thought it lawful for thē to do all things after their own pleasure, & that no one mā frō henceforth should transport the coūcel frō one place to an other, as Eugenius attempted to do, now to Bononia, now to Florentia, thē again to Bononia, after to Ferraria, & after that again to Florētia, and þ^t hereafter þ^e bishops should withdraw their mindes from the carefulnes of temporall goodes, which (as he himselfe dyd see) had no mynde at all on spirituall matters: and therfore by how much this session was most holy & necessary, byso much more þ^e assent of þ^e ambassadors was most laudable & acceptable to all the fathers. These wordes thus spoken, he rose vp, and the congregation was dissolued.

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Now, after that Gabriell Condulmarius was deposed from the byshopricke of Rome, the principall fathers of the Councell being called together in the chapter house of þ^e great church, cōsulted together, whether it were expedient þ^t a new bishop should be created out of hand, or deferred for a time.  

MarginaliaThe councell doth deliberate vpon the popes election.Such as thought good þ^t the election shoulde be done with speede, shewed how daungerous a thing it was, for such a congregatiō to be w^tout a head: also what a pestiferous sicknes was in all þ^e citie, which not only consumed yong mē & children: but also men of myddle age, & old mē in lyke maner, and that this plage came first by straungers vnto þ^e poore of þ^e citie, & so had infected þ^e riche, & now was come vnto the fathers of the Councell: amplifieng moreouer, and encreasing the terrour therof, and making the thing worse thē it was, as the maner is. Neither doth the decree (sayd they) any thing let or hinder, wherein it is prouided that there should be delay of. lx. dayes after the sea is voyde: MarginaliaLx. dayes must be delayd after the sea is voyde.for that is to be vnderstande, when as the sea is voyde at such time as there is no Councell holden, neither ought wee to tary or make any delaye, lest the Princes beyng perswaded by Gabriell, should resist: Vnto whom the deposition of Gabriell, and the election of some other, is to bee certified all vnder one message. The other whiche thought good that there should be a delay, sayd: that the Councell did lacke no head, for somuch as Christ was the head therof: neither dyd lacke a ruler, for somuch as it was gouerned by the Presidentes and other officers: MarginaliaNote the Christian zeale of these men, which woulde refuse no daunger for Gods cause.and þ^t no mentiō should be made of any pestilence in such a case, seing that, vnto stout & strong men, death is not to be feared, neither can any thyng daunt or feare them whiche contend for the Christian faith. As for that pestilence whiche doth nowe increase & grow in the Citie, for asmuch as iudgement is now geuē, it is to be hoped þ^t it will asswage, whiche was thought to haue come for the neglectyng of iustice. Also that in so doubtfull a matter, they ought rather to vse the princes agaynst theyr will, then to neglect them: and þ^t it is not to be feared, but that in this case, God wil helpe those that are stout and valiaunt. The matter beyng thus discussed amongest them, (albeit that there was as many myndes, as there was men) yet it seemed vnto them all, that it was most profitable to chuse the Byshop by and by, but most honest to deferre it.

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MarginaliaIohn Segonius.Here vppon Ihon Segouius, a man of excellent learnyng, sayd: Most reuerent fathers, I am diuersly drawn by sundry reasons, to this side and that. But as I way the matter more depely in my mind, this is my opinion, that to come to a spedy election, it semeth good, to speake after mans iudgement: but to delay it for. ij. monethes, to speake after gods iudgement, it semeth much better. I do iudge that not only the wordes, but also the meanyng of our decree, ought to be obserued. MarginaliaDaūgerous honestye preferred before secure vtilitie.Wherfore, if ye will geue any credite vnto me, folow rather daungerous honesty, then secure vtility: albeit that, in dede, vtilitie can not be discerned from honesty. This opinion of delay tooke place among the fathers, and they determined to stay, for the space of. ij. monethes.

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In the meane tyme, messengers were sent vnto the princes to declare the deposition of Eugenius by the Synode, and publish it abroad.

Duryng this tyme, the corrupt aire was nothing at all purged, but the mortalitie dayly increasing, many dyed and were sicke. Whereupon a sodaine feare came vpon the fathers. Neither were they sufficiently aduised what they might do: for they thought it not to be without daunger, eyther to depart or to tary. Notwithstanding they thought it good to tarye, and also they caused other to tary: that since they had ouercome famine, and

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