and hauyng conference with the Ambassadours of the other Princes which were there, they did earnestly exhort the fathers of the Coūcell, that they would embrace and receiue the vnitie, which they would offer.MarginaliaThe princes request to remoue the councell at the popes pleasure. The request of the Princes was, that the fathers would transport the Councell, and go vnto an other place: the which onely thyng pope Eugenius seemed alwayes to seeke and desire, that thereby he might either diuide the fathers of the Councell, or take away their libertie.

MarginaliaThe prelates of the councell refused the popes request. Notwithstandyng this sacred Synode thought good neither to deny the princes request nor to graūt that, which Pope Eugenius required. Duryng this doubt, the Emperours Ambassadours, the Bishops of Patauia and Augusta (beyng much required and styrred therunto) appointed a noble and valiaūt Baron called Conrad Weinsperge, by the kynges commaundement, to be Protector and defender of the Councell, and the fathers. Wherby as the enemyes perceiued the Emperours mynde to be alienate frō the Pope, so the Fathers of the Councell vnderstood his good will towardes them: for somuch as he would not haue sent them a protector if he had not iudged it a lawfull Councell: neither agayne would he haue iudged it a Councell in Basill, if he had geuen credit to Pope Eugenius. But by meanes of a great pestilence which began to grow, the assembly that should haue bene holden at Frankford, was trāsported vnto Mentz. The Ambassadours of the princes also thought good to go thether, if they might finde any meanes of vnity, whereby they might vnite and knit the Pope agayne vnto the Councell.

MarginaliaThe princes assembled at Mentz, to make vnitie betwene the councell and the Pope. The assembly was very famous, for there were present the Archbyshops of Mentz, Colen & Treuers, Electours of the sacred Empire, and all the Ambassadours of the other Electours. Notwithstandyng, the Archbyshop of Colen was the chief fauourer of the Councell in this assembly, who with all his labour and diligence went about to bryng the matter vnto a good ende. Rabanus the Archbishop of Treuers shewed himselfe somewhat more rough. The sacred Synode also thought good to send thether their Ambassadours, and appointed out the Patriarke of Aquileya, the Byshop of Vicene, and the Byshop of Argen Diuines, Iohn Segouius, and Thomas De Corcellis, with diuers others. There was no mā there present which would name himselfe the Ambassadour of Eugenius: Albeit there were many of his fauourers and frendes come thether, both from the Coūcell, and also out of Florence, the which, albeit they had sworne to the contrary, yet fauoured they more Eugenius then the Councell. But the chief Hercules of all the Eugenians, was Nicolaus Cusanus, a man singularly well learned, and of great experience. After diuers consultations had, the Electours of the Empire, and the Ambassadours of the other Princes of Germany, thought good to geue out commaundement throughout their whole nation and countrey, that the Decrees of the Councell of Basill should be receiued and obserued.

Whilest these thynges were thus debated at Mentz, there sprang a certaine very doubtfull question amōgest the Diuines, which remained at Basill, whether Eugenius might be called an hereticke, which had so rebelliously contemned the commaundements of the Church. Hereupon they gathered thēselues together, disputyng long amongest themselues, some affirmyng, 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 onely an hereticke, but also a relapse. The third sort would neither graunt him to be an hereticke nor a relapse. Amongest these diuines, the chief and principall both in learnyng and authoritie, was the Bishop of Ebrun, Ambassadour of the kyng of Castell, and a certaine Scottish Abbot: which, as two most valiaunt Champions, subdued all their enemyes, so that all the rest dyd either consent vnto their arguments, or gaue place vnto thē, and so their determination tooke place, and Eugenius was pronounced both an hereticke and relapse. Eight conclusions were there determined and allowed amongest the Diuines, which they called verities: the copy whereof they dyd diuulgate thoughout all Christendome.

MarginaliaThe Ambassadours returne from Mentz. When the Ambassadours of the Councell were returned from Mentz, and that certaine report was made of the allowing of their decrees, the fathers of the Coūcell thought good to discusse the conclusiōs of the Diuines more at large.MarginaliaThe popes heresie discussed. Wherupon, 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 openly to dispute and discusse Eugenius heresie. The which thyng sore greued the Byshop of Millaine, fearyng least this disputation would MarginaliaThe bishop of Millaine taketh Eugenius part for feare of a schisme. worke the depriuation of Eugenius, the which, as he sayd, he had alwayes letted for feare of schisme: Wherfore he ceased not by all maner of wayes to labour, to stop and trouble the matter, exhorting them that were absent by hys letters, and encouragyng 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. This disputation cōtinued sixe dayes, both forenoone and afternoone, amongest whom Cardinall Lodouicus Archbyshop Arelatensis, was appointed as Iudge and Arbiter of the whole disputatiō: who beside many other notable vertues, was both valiaunt and constant. Nicolas Amici, which was also a Proctor of the faith, a famous man amongest þ^e Diuines of Paris, demaūded of euery man what their opinion was. Iohn Deinlefist publike Notary, wrote euery mans sentence and iudgement.MarginaliaCōclusions of the disputation. The conclusions of the Diuines, which were the ground and foundation of their disputation, were these here followyng.

1, It is a veritie of the Catholicke fayth, that the sacred generall Councell, hath power ouer the Pope, or any other Prelate.

2. The Pope cannot by his owne auctoritie, either dissolue, transport or proroge, the generall Coūcell beyng lawfully congregate, without the whole consent of the Councell: and this is of like verity.

3. He which doth obstinately resist these verities, is to be counted an hereticke.

4. Pope Eugenius the fourth hath resisted these verities, when as at the first, by the fulnes of his Apostolicke power, he attempted to dissolue or to transporte the Councell of Basill.

5. Eugenius beyng admonished by the sacred Councell, did recant the errours repugnaunt to these verities.

6. The dissolution or translation of the Councell attempted the second tyme by Eugenius, is agaynst the foresayd verities, and contayneth an inexcusable errour touchyng the fayth.

7. Eugenius in goyng about to dissolue and transport the Coūcell agayne, is fallen into his before reuoked errours.

8. Eugenius beyng warned by þ^e Synode, that he should reuoke the dissolution or translation the second tyme attēpted: after that his contumacy was declared, perseueryng in his rebellion and erectyng a Councell at Feraria, shewed himselfe thereby obstinate.

These were the cōclusiōs which were read in the chapter house before the fathers of the Coūcell. Vpō the which, when they were desired to speake their myndes, they all, in a maner, confirmed & allowed them. Notwithstandyng Panormitane Archbishop, disputed much against them. Likewise dyd the Byshop of Burgen the kyng of Arragons Almoner. Yet did they not gaynsay the 3. first conclusions, but onely those wherein Pope Euguenius was touched.MarginaliaPanormitane speaketh agayne for the pope. This Panormitane as he was subtil, so did he subtelly dispute agaynst the last conclusions, endeuouryng himselfe to declare that Eugenius was not relapsed, and had great cōtention with the Byshop of Argens, Iohn Segouius, and Fraūces de Fuxe, Diuines.MarginaliaArticles of faith deuided in 3. sorts. He diuided the Articles of the fayth into three sortes: straightly, as in the Creede: largely, as in the declarations made by the Church, most largely of all, as in those thyngs which rise of the premisses, affirming that Eugenius did by no meanes violate his fayth in hys first dissolution that he made, because it is not contayned in the Creede, neither yet in the determinations of the church, that the Pope cannot dissolue the Councels: and that it semeth not vnto him to rise of the determinatiō before made, but rather of the decrees of the Councell of Constāce: And further, that this, as a case omitted, is reserued for the Pope to be discussed, for somuch as in the chapter beginnyng Frequens, it appeareth that the place where the Coūcell should be kept, ought to be chosen by the Pope, the Councell allowyng the same, and nothyng is therof at all spoken.MarginaliaPanormitane preferreth the iudgement of the Cardinalles of Rome, before all the world. And if peraduenture Eugenius had offended in the first dissolution, notwithstādyng he ought to be holden excused, because he dyd it by the counsell of the Cardinals, representyng the Church of Rome: whose autoritie he sayd to be such, that the iudgement therof should be preferred before all þ^e world. Neither hath there bene any sacred Councel found to haue proceded agaynst Eugenius as an hereticke, and that is an euident signe, that the Councell hath not thought him to haue swarued from the fayth, neither to haue any occasion, that he should be called hereticke for his errours reuoked, and that he himselfe hath read the whole text, that the pope did not reuoke the dissolution as cōtrary vnto the faith, but as breedyng offence: Also þ^t the last dissolutiō hath no such cause in it: for so much as likewise he had done it by the coū-