SESSION 9 – 13 May 1415
[Pope John is publicly summoned for the second time and an inquiry against him is decreed.]
SESSION 10 – 14 May 1415
[John XXIII is summoned for the third time, he is accused of contumacy and is suspended from the papacy.]
SESSION 11 – 25 May 1415
[Pope John XXIII is publicly charged and forty-four articles against him are produced.]
SESSION 12 – 29 May 1415
[Decree stating that the process for electing a pope, if the see happens to be vacant, may not begin without the council’s express consent [27 ] ]
This most holy general synod of Constance, representing the catholic church, legitimately assembled in the holy Spirit, for the eradication of the present schism and errors, for bringing about the reform of the church in head and members, and in order that the unity of the church may be obtained more easily, quickly and freely, pronounces, determines, decrees and ordains that if it happens that the apostolic see becomes vacant, by whatever means this may happen, then the process of electing the next supreme pontiff may not begin without the deliberation and consent of this sacred general council. If the contrary is done then it is by this very fact, by the authority of the said sacred council, null and void. Nobody may accept anyone elected to the papacy in defiance of this decree, nor in any way adhere to or obey him as pope, under pain of eternal damnation and of becoming a supporter of the said schism. Those who make the election in such a case, as well as the person elected, if he consents, and those who adhere to him, are to be punished in the forms prescribed by this sacred council. The said holy synod, moreover, for the good of the church’s unity, suspends all positive laws, even those promulgated in general councils, and their statutes, ordinances, customs and privileges, by whomsoever they may have been granted, and penalties promulgated against any persons, insofar as these may in any way impede the effect of this decree.
[Sentence deposing pope John XXIII]
In the name of the holy and undivided Trinity, Father and Son and holy Spirit Amen. This most holy general synod of Constance, legitimately assembled in the holy Spirit, having invoked Christ’s name and holding God alone before its eyes, having seen the articles drawn up and presented in this case against the lord pope John XXIII, the proofs brought forward, his spontaneous submission and the whole process of the case, and having deliberated maturely on them, pronounces, decrees and declares by this definitive sentence which it commits to writing: that the departure of the aforesaid lord pope John XXIII from this city of Constance and from this sacred general council, secretly and at a suspicious hour of the night, in disguised and indecent dress, was and is unlawful, notoriously scandalous to God’s church and to this council, disturbing and damaging for the church’s peace and unity, supportive of this long-standing schism, and at variance with the vow, promise and oath made by the said lord pope John to God, to the church and to this sacred council; that the said lord pope John has been and is a notorious simoniac, a notorious destroyer of the goods and rights not only of the Roman church but also of other churches and of many pious places, and an evil administrator and dispenser of the church’s spiritualities and temporalities; that he has notoriously scandalised God’s church and the christian people by his detestable and dishonest life and morals, both before his promotion to the papacy and afterwards until the present time, that by the above he has scandalised and is scandalising in a notorious fashion God’s church and the christian people; that after due and charitable warnings, frequently reiterated to him, he obstinately persevered in the aforesaid evils and thereby rendered himself notoriously incorrigible; and that on account of the above and other crimes drawn from and contained in the said process against him, he should be deprived of and deposed from, as an unworthy, useless and damnable person, the papacy and all its spiritual and temporal administration. The said holy synod does now remove, deprive and depose him. It declares each and every Christian, of whatever state, dignity or condition, to be absolved from obedience, fidelity and oaths to him. It forbids all Christians henceforth to recognise him as pope, now that as mentioned he has been deposed from the papacy, or to call him pope, or to adhere to or in any way to obey him as pope. The said holy synod, moreover, from certain knowledge and its fullness of power, supplies for all and singular defects that may have occurred in the above-mentioned procedures or in any one of them. It condemns the said person, by this same sentence, to stay and remain in a good and suitable place, in the name of this sacred general council, in the safe custody of the most serene prince lord Sigismund, king of the Romans and of Hungary, etc., and most devoted advocate and defender of the universal church, as long as it seems to the said general council to be for the good of the unity of God’s church that he should be so condemned. The said council reserves the right to declare and inflict other punishments that should be imposed for the said crimes and faults in accordance with canonical sanctions, according as the rigour of justice or the counsel of mercy may advise.
[Decree to the effect that none of the three contenders for the papacy may be re-elected as pope]
The said holy synod decrees, determines and ordains for the good of unity in God’s church that neither the lord Baldassare de Cossa, recently John XXIII, nor Angelo Correr nor Peter de Luna, called Gregory XII and Benedict XIII by their respective obediences, shall ever be re-elected as pope. If the contrary happens, it is by this very fact null and void. Nobody, of whatever dignity or pre-eminence even if he be emperor, king, cardinal or pontiff, may ever adhere to or obey them or any one of them, contrary to this decree, under pain of eternal damnation and of being a supporter of the said schism. Let those who presume to the contrary, if there are any in the future, also be firmly proceeded against in other ways, even by invoking the secular arm. [28 ]
SESSION 13 – 15 June 1415
[Condemnation of communion under both kinds, recently revived among the Bohemians by Jakoubek of Stribro]
In the name of the holy and undivided Trinity, Father and Son and holy Spirit, Amen. Certain people, in some parts of the world, have rashly dared to assert that the christian people ought to receive the holy sacrament of the eucharist under the forms of both bread and wine. They communicate the laity everywhere not only under the form of bread but also under that of wine, and they stubbornly assert that they should communicate even after a meal, or else without the need of a fast, contrary to the church’s custom which has been laudably and sensibly approved, from the church’s head downwards, but which they damnably try to repudiate as sacrilegious. Therefore this present general council of Constance, legitimately assembled in the holy Spirit, wishing to provide for the safety of the faithful against this error, after long deliberation by many persons learned in divine and human law, declares, decrees and defines that, although Christ instituted this venerable sacrament after a meal and ministered it to his apostles under the forms of both bread and wine, nevertheless and notwithstanding this, the praiseworthy authority of the sacred canons and the approved custom of the church have and do retain that this sacrament ought not to be celebrated after a meal nor received by the faithful without fasting, except in cases of sickness or some other necessity as permitted by law or by the church. Moreover, just as this custom was sensibly introduced in order to avoid various dangers and scandals, so with similar or even greater reason was it possible to introduce and sensibly observe the custom that, although this sacrament was received by the faithful under both kinds in the early church, nevertheless later it was received under both kinds only by those confecting it, and by the laity only under the form of bread. For it should be very firmly believed, and in no way doubted, that the whole body and blood of Christ are truly contained under both the form of bread and the form of wine. Therefore, since this custom was introduced for good reasons by the church and holy fathers, and has been observed for a very long time, it should be held as a law which nobody may repudiate or alter at will without the church’s permission. To say that the observance of this custom or law is sacrilegious or illicit must be regarded as erroneous. Those who stubbornly assert the opposite of the aforesaid are to be confined as heretics and severely punished by the local bishops or their officials or the inquisitors of heresy in the kingdoms or provinces in which anything is attempted or presumed against this decree, according to the canonical and legitimate sanctions that have been wisely established in favour of the catholic faith against heretics and their supporters.
[That no priest, under pain of excommunication, may communicate the people under the forms of both bread and wine]
This holy synod also decrees and declares, regarding this matter, that instructions are to be sent to the most reverend fathers and lords in Christ, patriarchs, primates, archbishops, bishops, and their vicars in spirituals, wherever they may be, in which they are to be commissioned and ordered on the authority of this sacred council and under pain of excommunication, to punish effectively those who err against this decree. They may receive back into the church’s fold those who have gone astray by communicating the people under the forms of both bread and wine, and have taught this, provided they repent and after a salutary penance, in accordance with the measure of their fault, has been enjoined upon them. They are to repress as heretics, however, by means of the church’s censures and even if necessary by calling in the help of the secular arm, those of them whose hearts have become hardened and who are unwilling to return to penance.
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From this point on the council becomes a duly convened ecumenical council, all previous sessions being ultra-vires.
SESSION 14 – 4 July 1415
[29 ]
[Uniting of the followers of pope Gregory XII and of the former pope John XXIII, now that both men have abdicated]
In order that the reunion of the church may be possible and that a beginning may be made which is fitting and pleasing to God, since the most important part of any matter is its beginning, and in order that the two obediences–namely the one claiming that the lord John XXIII was formerly pope and the other claiming that the lord Gregory XII is pope–may be united together under Christ as head, this most holy general synod of Constance, legitimately assembled in the holy Spirit and representing the catholic church, accepts in all matters the convoking, authorising, approving and confirming that is now being made in the name of the lord who is called Gregory XII by those obedient to him, insofar as it seems to pertain to him to do this, since the certainty obtained by taking a precaution harms nobody and benefits all, and it decrees and declares that the aforesaid two obediences are joined and united in the one body of our lord Jesus Christ and of this sacred universal general council, in the name of the Father and of the Son and of the holy Spirit.
[Decree stating that the election of the Roman pontiff is to be made in the manner and form to be laid down by the sacred council, and that the council shall not be dissolved until the election of the next Roman pontiff has been made]
The most holy general synod of Constance, etc., enacts, pronounces, ordains and decrees, in order that God’s holy church may be provided for better, more genuinely and more securely, that the next election of the future Roman pontiff is to be made in the manner, form, place, time and way that shall be decided upon by the sacred council; that the same council can and may henceforth declare fit, accept and designate, in the manner and form that then seems suitable, any persons for the purposes of this election, whether by active or by passive voice, of whatever state or obedience they are or may have been, and any other ecclesiastical acts and all other suitable things, notwithstanding any proceedings, penalties or sentences; and that the sacred council shall not be dissolved until the said election has been held. The said holy synod therefore exhorts and requires the most victorious prince lord Sigismund, king of the Romans and of Hungary, as the church’s devoted advocate and as the sacred council’s defender and protector, to direct all his efforts to this end and to promise on his royal word that he wishes to do this and to order letters of his majesty to be made out for this purpose.
[The council approves Gregory XII’s resignation]
The most holy general synod of Constance, legitimately assembled in the holy Spirit, representing the universal catholic church, accepts, approves and commends, in the name of the Father, the Son and the holy Spirit, the cession renunciation and resignation made on behalf of the lord who was called Gregory XII in his obedience, by the magnificent and powerful lord Charles Malatesta. here present, his irrevocable procurator for this business, of the right, title and possession that he had, or may have had, in regard to the papacy. [30 ]
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