A Source Book for Mediæval History / Selected Documents illustrating the History of Europe in the Middle Age

by Oliver J. Thatcher; Edgar Holmes McNeal

This holy synod of Constance, being a general council, and legally assembled in the Holy Spirit for the praise of God and for ending the present schism, and for the union and reformation of the church of God in its head and in its members, in order more easily, more securely, more completely, and more fully to bring about the union and reformation of the church of God, ordains, declares, and decrees as follows: And first it declares that this synod, legally assembled, is a general council, and represents the catholic church militant and has its authority directly from Christ; and everybody, of whatever rank or dignity, including also the pope, is bound to obey this council in those things which pertain to the faith, to the ending of this schism, and to a general reformation of the church in its head and members. Likewise it declares that if anyone, of whatever rank, condition, or dignity, including also the pope, shall refuse to obey the commands, statutes, ordinances, or orders of this holy council, or of any other holy council properly assembled, in regard to the ending of the schism and to the reformation of the church, he shall be subject to the proper punishment; and unless he repents, he shall be duly punished; and if necessary, recourse shall be had to other aids of justice.

172. Reforms Demanded by the Council of Constance, 1417.

V. d. Hardt, IV, p. 1452.

The reforming party in the council of Constance had been defeated in its attempt to fix the order of business which the council should follow. As in the council at Pisa, it had been determined that the pope should be elected first and then the reform be worked out. The leaders of the reform party were fearful that no reform would be accomplished, and so as a kind of compromise and as a last desperate effort they succeeded in having the council enact that reforms should be made in the following eighteen points.

The holy council at Constance determined and decreed that before this holy council shall be dissolved, the future pope, by the grace of God soon to be elected, with the aid of this holy council, or of men appointed by each nation, shall reform the church in its head and in the Roman curia, in conformity to the right standard and good government of the church. And reforms shall be made in the following matters: 1. In the number, character, and nationality of the cardinals. 2. In papal reservations. 3. In annates, and in common services and little services. 4. In the granting of benefices and expectancies. 5. In determining what cases may be tried in the papal court. 6. In appeals to the papal court. 7. In the offices of the cancellaria, and of the penitentiary. 8. In the exemptions and incorporations made during the schism. 9. In the matter of commends. 10. In the confirmation of elections. 11. In the disposition of the income of churches, monasteries, and benefices during the time when they are vacant. 12. That no ecclesiastical property be alienated. 13. It shall be determined for what causes and how a pope may be disciplined and deposed. 14. A plan shall be devised for putting an end to simony. 15. In the matter of dispensations. 16. In the provision for the pope and cardinals. 17. In indulgences. 18. In assessing tithes.

The following notes explain the various points of the reform program: 1. Various cardinals were frequently charged with luxurious living and even with grave immorality. For some time French cardinals had been in the majority. The demand was now made that all nations should have an equal representation in the college of cardinals. 2. The popes arbitrarily reserved the right to appoint to the richest livings, and their appointees had to pay well for their appointments. 3. Annates were (1) the income for a year, collected from every living or benefice when it became vacant by the death of the holder; (2) the income of a bishopric for a year, paid by the newly elected bishop. Under "common services and little services" were included various other payments, in addition to the annates, which every newly elected bishop was expected to pay the pope. 4. The pope strove to increase the number of benefices and livings to which he might appoint. It was not uncommon to sell the "expectation" to a benefice; that is, while the holder of a benefice was still alive the right or expectation of succeeding him in his benefice at his death was sold to some one. 5. The popes wished to increase the number of cases or trials that could be tried only in the papal court. There was no clear principle to determine which cases must be tried in the papal court, and which not. There were certain costs connected with every trial, and hence such trials were a source of income to the papal court. 6. So many appeals were made to Rome by those who had lost their cases at home or who feared they would lose them, that the papal court was overwhelmed with work and could not try them promptly. Appeals to Rome were often made to gain time and to defeat justice. 7. The "cancellaria" was the office in which the papal secretaries wrote the bulls, letters, etc., of the pope. The penitentiary was the office "in which are examined and delivered out the secret bulls, graces, and dispensations relating to cases of conscience, confession, and the like." 8. By exemptions is meant the freeing of a monastery from the jurisdiction of the bishop in whose diocese the monastery is situated. "Incorporation" is the depriving a parish church of its income and giving it to another church. 9. A "commend" is the granting of a benefice temporarily on the condition that a certain sum be paid for it annually. 10. The pope must confirm the election of all bishops, abbots, etc. 11. At the death of a bishop the pope claimed the income of his bishopric until his successor was elected. The same is true of monasteries and many ecclesiastical benefices.

173. Concerning General Councils. The Council of Constance, 39th Session, October 9, 1417.

V. d. Hardt, IV, p. 1435.

The conciliar idea was that a general council, since it represented the whole church, was the highest authority in the church, to which even the pope must submit. The promoters of this idea planned to have a general council meet at regular intervals.

A good way to till the field of the Lord is to hold general councils frequently, because by them the briers, thorns, and thistles of heresies, errors, and schisms are rooted out, abuses reformed, and the way of the Lord made more fruitful. But if general councils are not held, all these evils spread and flourish. We therefore decree by this perpetual edict that general councils shall be held as follows: The first one shall be held five years after the close of this council, the second one seven years after the close of the first, and forever thereafter one shall be held every ten years. One month before the close of each council the pope, with the approval and consent of the council, shall fix the place for holding the next council. If the pope fails to name the place the council must do so.