They say, moreover, that the said dissolution could not be made by means of a certain decree of the council of Constance in that behalf provided; that in such matters as pertain unto faith, the extirpation of sin, and reformation of the church in the head and in the members, all men, of what estate or condition soever they be, yea the pope himself, should be bound to obey the statutes, precepts, and ordinances, of every general council; and, except they did obey, the council had power to punish them. Mark how these things—to have powerto determine upon any man, to command him, and punish him, if he be not obedient—are signs of superiority, in those matters which he doth decree, command, or punish; and, to be bound to obedience, to be subject and obey the same, are signs of inferiority in the said cases. Ergo, in the aforesaid cases, seeing that the pope, as they say, is under the council, which also hath been; in that for one of the said three cases the council did deprive John, and for another Benedict, neither could the pope dissolve the council, in that, he that is inferior unto the council, cannot bind or compel the superior, as in the chapter 'Cum inferior:' otherwise it should contain in it a contradiction, that he is bound to obey, and is not bound to obey, because he may dissolve; for how should he be obedient unto the ordinance and decree of the council, if he may annihilate and take away the same ordinance and decree? This council is congregated for the rooting out of heresies, for the making of peace, and for the reformation of manners; and in the first session it did ordain, that their whole intent and respect should be thereunto, and that he who should procure to let the council, to prorogue or alter it, should be punished, and have process against him, as against a common disturber of the peace, &c. If it may be dissolved, it is evident that they do not obey the said ordinance; whereby this, also, must of necessity be granted, that if it may be dissolved, the decree of the council of Constance is of no force.
This is also proved by another reason. No man doubteth but if any controversy of heresy should be moved against any bishop of Rome, that he could not dissolve the council: for, if he might dissolve the council, he could not be judged, which were contrary to the chapter 'Si Papa,' 40 dist. Ergo, like as it is in heresy, so is it in the two other cases; for these three were pacified by the council of Constance: for thus speaketh the council, as it is in the chapter, 'Si Papa in illo uno.' And, as I have before said, the council of Constance allowed this decree, through which they deprived Peter de Lima, for making a schism, and pope John, for the deformity of his life.
And albeit there be certain laws that say, The principal seat cannot be judged of any man; and again, no man judgeth the chief seat; and, no man saith unto himself, why doest thou so? There is to be understood in the three cases, first, that there was proviso made for the faith in the chapter 'Si Papa;' and in the other two points, by the decree of Constance. Otherwise it should be understood, without any exception, that the first seat, &c., and then the chapter 'Si Papa,' 40 dist., and the said decree of Constance should be false. If the chapter 'Si Papa' had added causes of heresies, no man would have doubted upon these two cases, touching the said sentence; so, likewise, no man ought to doubt of the decree of the council, that it was made by the authority of the pope, and representeth the universal church. And, if any man would say, that in all councils the authority of the pope is excepted: I answer, that is true, when the person of the pope is not specially included. But, if he be specially included, he cannot be excepted, because it should savour of contradiction. Most blessed father! God is my witness, that I have spoken these things with great anguish and sorrow of mind; but I am forced so to speak, that your holiness may cease from the said dissolution, lest there might happen infinite evils in the church of God. If your holiness did see my pure mind, my upright conscience, and entire affection towards you, whereby I am moved to write these things, even for very love you would embrace and kiss me, and, without doubt, love me as your own son. I have often said, and now do say, and protest before God and man, that you will be the cause of schism and infinite mischiefs, if you do not alter and change your mind and purpose. Almighty God preserve your holiness in the prosperity of a virtuous man! unto whose feet I do most humbly recommend me.
From Basil, the fifth day of June.
