may this be objected: how could the council of Bologna be newly appointed? If they will answer, that the appointment of the council of Bologna was of force, because the council of Basil was dissolved by your holiness, then I have my intent; for, if it were dissolved, ergo, it was a council before, because it presupposeth the habit. If it were a council before, then, as hereafter shall be proved, it could not be dissolved without the consent of the council. What more can be answered hereunto? For the greater declaration and evidence of the matter, the abbot of Vergilia, even upon the same day of the time appointed or before, gathering together the prelates of the great church and many other prelates and notable men, made a solemn protestation, how the time was come to celebrate and hold the council, and that he was come unto Basil for the same purpose; requiring them that they would confer and treat together upon matters touching the council: and, hereupon, there is a public instrument or testimonial.
Within a month after, the ambassadors of the university of Paris came thither, and began to treat of matters touching the council, writing also unto the emperor, and to the other princes of Germany, that they should send unto the council; which letters I myself did see, neither doth the small number of men let; for, where authority is, a great number is not required, according to the saying of Christ, 'Where two or three are gathered together in my name, I am in the midst of them:' upon which authority the councils are grounded. Now therefore, your holiness doth manifestly see the said objection to be but frivolous. For to what end should any dissolution be made, if it had not been a council? Wherefore, it is not to be doubted but that it was a lawful council, and canonically congregated. And, peradventure, it is scarcely found where any council hath been confirmed by so many authorities as this; that is to say, by the two councils before passed, of Constance and of Sienna, and confirmed by two bishops of Rome.
Besides this, I have heard that some do report at Rome, that I could not call the prelates unto the council, because that clause was not added in the bull of pope Martin. I greatly marvel why this should be objected, especially seeing that not I alone have called them, but I, together with the rest who are here assembled in the council. It is a marvellous matter: pope Martin gave me authority, by the advice of the council, to root out heresies, to pacify kingdoms, to reform the manners of every state of Christendom, and yet they will say that I cannot cite them. Power is given me to judge and to condemn, and have I not also power to cite? The law doth say; unto whom any power or jurisdiction is committed, all things seem to be committed unto him, without which he cannot exercise his jurisdiction; for how could all the premises be done, if the prelates or others should not come hither? Also, why is it said in the chapter 'Ego enim de jurejurando,' 'I will come unto the synod if I be called,' if he cannot be called.' By whom, then, is it presupposed that he should be called, but only by the council, or by him who ruleth the council? Also the whole eighteenth distinction treateth of no other matter, but that the bishops being called unto the council, if they come not, they may be excommunicated and suspended. Let these men read the Book of Councils of St. Isidore, and they shall find how that in many councils the prelates have been called by the synod.
Now it remaineth, that we should declare, whether the dissolution be of force or no. Wherein I do again fear to move your holiness unto anger, but charity forceth me thereunto; for, peradventure, your holiness doth think the dissolution to be effectual, and therefore do persevere in it; whereby, forasmuch as many offences may arise, my conscience doth move me not to hold my peace. First of all, the chapter 'Frequens,' declareth that it is of no force; for if prorogation be forbidden and prohibited, which is a small matter, much more is dissolution, which is a greater, for it is a greater matter to take away than to defer; for, by proroguing, a thing is but deferred, and by dissolving, it is utterly taken away. Also these men say, that the said constitution in the chapter 'Frequens,' may be made void, for that as soon as the council is begun, it may be dissolved without any thing done, as it is said that it was done at Sienna; and now they say also, that your holiness hath been perversely informed touching the dissolution. They say also, that the said dissolution doth manifestly tend to the subversion of faith, the ruin of the church, and the trouble of the christian people: therefore it cannot be done, neither obeyed.
