Marginalia34.In the 34. Session, the cause of the foresayd Pope was heard, and processe geuen out agaynst hym.

Marginalia35.In the 35. Session, the Ambassadours of the kyng of Castle were brought in, and vnited to the Councell, and instrumentes therof made and read. Also that notwithstandyng the othes made to the foresayd Pope, men might lawfully forsake his obedience.

Marginalia36.
The pope curseth the councell.In the 36. Session, a certaine citation was made and read agaynst the Pope, contemyng his depriuation and the sentence agaynst him, & instrumentes made vpon the same. And whereas this Pope had thundred out his curses, depriuations and excommunications agaynst them: The sayd Sinode did adnihilate all his doynges.

Marginalia37.The 37. Session did renue agayne the accusation of the foresayd pope, and the sentence definitiue agaynst him was published.

Marginalia38.In the 38. Sessiō certaine decrees were made touching the adnihilatyng of the penalties of the Ambassadours of kyng Henry sonne of Alphonsus kyng of Arragon. Also another decree was made touching the reuocation of þ^e voyces graunted to the Ambassadours of the kyng of Arragon.

Marginalia39.Thus Pope Benedict beyng deposed and excommunicated as is aforesayd, in the next Sessions folowyng, they addressed themselues to the election of a new Pope, begynnyng first in the 39. Session to geue out decrees cōcernyng generall Councels, & prouision, for the auoydyng of such like schismes hereafter.

MarginaliaDecrees for generall councels.Decreyng euery x. yeare to haue a generall Councell, after the two Counsels that should folow immediatly after this, of the whiche the one should be kept within v. yeares, then next folowyng, and the second within vij. yeares after that.

Item, in the same Session was drawen out a forme touchyng such thynges as the Pope should professe and bynde himselfe to obserue at tyme of his election, of the whiche forme the order and tenour is this.

MarginaliaThe profession which the pope is bound to.I N. elected for Pope, professe with hart and mouth vnto almighty God, whose Church I take vpon me to gouerne, by his helpe, and to blessed S. Peter the prince of the Apostles, so long as I shall endure in this frayle and brittle life, firmly to beleue and hold the holy Catholike fayth after the traditions of the Apostles, of generall Councels, & of other holy fathers, and namely of the viij. generall Councels. Nicene the first, the second of Constantinople, Ephesine the third, Calcedone the fourth, the fift and sixt of them in Cōstātinople, the seuenth of Nice, the eight of Constantinople. And also of the generall Coūsels of Laterane, Lyons, and Vienne. Willing to obserue the same fayth vnuiolate euen to the vttermost, and to preach & defend the same, euen to the spendyng of my lyfe & bloud, & also by all meanes possible to prosecute & obserue the rite of the Sacramentes canonically deliuered to the Catholicke Church. And this my profession and confession by my commaundement, beyng writtē out by the Notary of the Arches of the holy church of Rome, I haue subscribed with myne owne hand. And sincerely with a pure mynde and deuout conscience I offer it vnto thee, almighty God vpon such an aulter. &c In the presence of such witnes. &c. Yeuen. &c.

It was also decided in this Session, that no Prelates should be translated agaynst their wils.

Marginalia40.The third of the same moneth, and the same yeare followed the 40. Session, wherein certaine decrees were constitute and read, as touchyng reformations to be made thorough the whole Church by the Pope, that next should be, with the Councell, before this Synode should breake vp.

Item that they shoulde so procede to the election of the Byshop of Rome, notwithstandyng the absence of those Cardinals which were with Pope Benedict in Spayne. This done, the order and maner was decreed for the electiō of the Pope.Marginalia41.

After these thynges thus decreed, in the next Session which was fourty one, the constitution of Clement the sixt was read, concernyng the order and dyet of the Cardinals beyng in the Conclaue about the chusing of the Pope, and vpon the same othes were ministred vnto the Cardinalles and other Electours, binding them to obserue and keepe all such thynges as they should be bounde to, duryng the tyme of the election.

MarginaliaThe order & maner of the Conclaue in chusing the Pope.First, that they should enter into the Conclaue within x. dayes after the 40. Session, which was this present day after sunne set.

Secondlye, that euery Cardinall should haue but two seruitours attendyng vpon him at the most, either of the Laity or Clergy, as they would themselues.

Thirdly, that they should remaine together in the sayd Conclaue without any wall betwixt thē, or any other couer, saue onely bare Curtains, if any were disposed to sleepe.

Fourthly, that the Conclaue should so be shut vp, and the entry to the priuy chamber to be kept so straightly, that none of them should come in or out, nor anye to haue recourse vnto them to talke with them priuely or apertly, nor they to admitte any man to come to them, except by the consent of them all, certaine should be called about matters concerning the election.

Fiftly, that no man should sende to them either messenger or writynges.

Sixtly, that a competēt window should be assigned vnto them to receiue in their victuals, but that no persō might come in thereat.

Seuenthly, that no day after their first ingresse into the Conclaue, beside bread, wyne and water, they should haue any more dishes but one of one onely kynde, either of fleshe or fish, egges, pottage, made of fishe or fleshe, not after the deintiest sorte, besides salades, cheese, fruite, and conserues, wherof there shalbe no principall messe made but for sauce and taste.

Eightly, that not one should be compelled to go into the Cōclaue: But if they did all refuse to go in, then they should be compelled thereunto.

Nynthly, that such as would go out, might, but if they would all go out before the Pope were elect, they should be compelled to go in agayne, excepte such whome infirmitie did excuse, but without the excuse of infirmitie, if any went out he should no more be admitted, except they went all out together.

Tenthly, that such as went out by reason of infirmitie, or to be absent, and recouer before the election be determined: may be admitted agayne into the Conclaue in the same state wherin they shall finde the election to stand.

Further and besides the keepers of the Cōclaue, should also be sworne to see all these premises obserued and kept without fraude or guile, and that they should not streighten the Cardinalles and other Electours aboue the order here taken.

And if the king be there himselfe sittyng in his throne of estate, he should receiue the same othe of the Cardinals

Vpon this such as should be electours beside the Cardinals, were chosen.

Furthermore for as much as the goodes and substaūce of such as were elect, were accustomed to be geuen & graunted vnto such as could catch them: whervpon vnder the pretēce of the same, many did inuade the goods of the Cardinals, and others which were in the Conclaue, falsely faynyng them to be elected which were not to be elected. MarginaliaThese were wise Cardinals they would not goe into the Cōclaue but they would be sure to haue their goods safe vnspoyled.To stoppe the greedy rauenyng of such a decree also was published in the same Session.

These thynges thus prepared and set in order, the Patriacrh of Constantinople with the Cardinals and other Archbishops Bishops, Abbots, Priours, Deanes, Archedeacons, Doctours, with other electours entryng into the Conclaue vpon Monday, MarginaliaPope Martine hatched.on Thursday after they had hatched out a pope, being S. Martins euē, wherupon they named him Martin: This Martin thus beyng elected, was straight forth brought in by the Emperour and the Councell, into the Church of Constance, and there intronised for Pope, not without great solemnitie and triumphe. The xxi. day of the sayd moneth, this foresayd Martin accordyng to their accustomed pompe was honorably brought in to be crowned with sumptuous processiō from the high Church of Constance vnto the Monastery of S. Austē. MarginaliaThe Emperour leadeth the Popes horse by the bridle, on the right hand.The Emperour on foote, leadyng his horse by the bridle on the right hand: And the Marques of Bradenburge Prince Electour, likewise leadyng his horse on the left hand, the Pope himselfe ridyng in the middest vpon his palfrey

And thus beyng brought into the Monastery aforesayd, and so reduced rounde about agayne from thence to the hygh Churche of Constance, was there crowned with all magnificence.

Marginalia42.Notwithstandyng all this, yet all the triflyng and fond vanitie of this Councell more great then wise, did not ende thus, for in the next Session which was the xlii. came out a decree in the name of the Pope and the Councell, dischargyng the boūd of the Emperour and the County Palatine, touchyng the safe custody of pope Iohn, who was by bond committed vnto them to be kept in safety.

Marginalia43.In the xliii. Session, certaine other decrees and statutes were made by pope Martin in the sayd Synode. Annullatyng and reprouyng all the actes and procedynges of the other Popes before duryng the tyme of the schisme from the tyme of Gregory the xi. As in matters concernyng exemptions, vnions, fruites and profites of the Churche, benefices, simonie, dispensations, tithes and other burdens of the Churche. MarginaliaApparell of the clergie.Also concernyng the apparell of the Clergy