Now, the authority of general councils is identical with that of the

Church. This was expressly determined by the Council of Constance, and

acknowledged by Pope Martin V. The pope is the ministerial head of the

Church, but he is not its absolute sovereign; on the contrary, facts

prove that he is subject to the jurisdiction of the Church; for

well-known instances are on record of popes being deposed on the score

of erroneous doctrine and immoral life, whereas no pope has ever

attempted to condemn or excommunicate the Church. Both the pope and the

Church have received authority to bind and loose; but the Church has

practically exerted that authority against the pope, whereas the latter

has never ventured to take any such step against the Church. In fine,

the words of Christ himself are decisive of the question--"If any man

neglect to hear the Church, let him be unto you as a heathen man and a

publican." This injunction was addressed to St. Peter equally with the

rest of the disciples.

The council proceeded to cite Eugenius by a formal monition to appear in

person at Basel; and on his failing to comply, they signified that on

the expiration of a further interval of sixty days ulterior means would

be put in force against him. Their firmness, added to the pressing

solicitations of the emperor Sigismund, at length induced the Pope to

yield. He reconciled himself with the council in December, 1433;

acknowledged that it had been legitimately convoked; approved its

proceedings up to that date; and cancelled the act by which he had

pronounced its dissolution.

Elated by their triumph, the Basilian fathers commenced in earnest the

task of Church reform, and passed several decrees of a character

vexatious to the Pope, particularly one for the total abolition of

annates. A second breach was the consequence. Eugenius, under pretence

of furthering the negotiation then pending for the reunion of the Greek

and Latin branches of the Church, published in 1437 a bull dissolving

the Council of Basel, and summoning another to meet at Ferrara. The

assembly at Basel retorted by declaring the Pope contumacious, and

suspending him from the exercise of all authority. Both parties

proceeded eventually to the last extremities. The council, after

proclaiming afresh, as "Catholic verities," that a general council has

power over the pope, and cannot be transferred or dissolved but by its

own act, passed a definitive sentence in its thirty-fourth session, June

25, 1439, deposing Eugenius from the papal throne. The Pope retaliated

by stigmatizing the Fathers of Basel as schismatical and heretical,

cancelling their acts, and excommunicating their president, the Cardinal

Archbishop of Arles.

Meanwhile an energetic and independent line of action was adopted by the

Government in France. The Crown, in concert with the heads of the

Church, availed itself of a train of events, which had so seriously

damaged the prestige of the papacy to make a decisive advance in the

path of practical reform and to establish the long-cherished Gallican

privileges on a secure basis. For this purpose Charles VII assembled a

great national council at Bourges, in July, 1438, at which he presided

in person, surrounded by the princes of his family and by all the most

eminent dignitaries spiritual and temporal; and here was promulgated the

memorable ordinance known as the "Pragmatic Sanction of Bourges."

The French Church, it must be observed, did not recognize the deposition

of Pope Eugenius, but adhered to his obedience, rejecting Felix V, whom

the Council of Basel elected to succeed him, as a pretender. It

continued, nevertheless, to support the council and to assert its

supreme legislative authority. Hence there arises a considerable

difficulty _in limine_ as to the character of the proceedings at

Bourges. For the deposition of Eugenius was either a rightful and valid

exercise of conciliar authority or it was not. If it was not--if the

council had wrongfully or uncanonically condemned the successor of

Peter--how could it be infallible? and when should its legislation in

any other particulars be indisputable? On the other hand, if the

deposition was a valid one, with what consistency could the French

continue to regard Eugenius as their legitimate pastor? It was a knotty

dilemma.

The position, however, though logically open to objections, was not

without its practical advantages. For, since France maintained a good

understanding with both the contending parties, both found it conducive

to their interests to send deputations to the Council of Bourges: Pope

Eugenius, with a view to obtain its support for the rival council which

he had opened at Ferrara; the Fathers of Basel, in order to make known

their decrees, which, as agreeing with the received doctrine of Gallican

theologians, would, it was hoped, meet with a cordial welcome throughout

France. The assembly at Bourges did not fail to profit by these

exceptional circumstances. It accepted the decrees of Basel, yet not

absolutely, but after critical examination and with certain

modification; a course which, by implication, asserted a right to

legislate for the concerns of the French Church even independently of a

general council acknowledged to be orthodox. The following explanation

of this proceeding was inserted in the preamble of the celebrated

statute agreed upon by the authorities at Bourges. It is there stated

that this policy was adopted, "not from any hesitation as to the

authority of the Council of Basel to enact ecclesiastical decrees, but

because it was judged advisable, under the circumstances and

requirements of the French realm and nation." So that it appears, on the

whole, that while the French professed great zeal on this occasion for

the dogma of the superiority of a general council over the pope, the

principle practically illustrated at Bourges was that of a supremacy of

a national council over every other ecclesiastical authority. Such were

the anomalies which arose out of the strange necessities of the time.

The Pragmatic Sanction of Bourges embraces twenty-three articles. The

first treats of the authority of general councils, and of the time and

manner of convening and celebrating them. The second relates to

ecclesiastical elections, which are enjoined to be made hereafter in

strict accordance with the canons, by the cathedral, collegiate, and

conventual chapters. Reserves, annates, and "expective graces" are

abolished; the rights of patrons are to be respected, provided their

nominees be graduates of the universities and otherwise well qualified.

The pope retains only a veto in case of unfitness or uncanonical

election, and the nominations to benefices "_in curia vacantia_,"

_i.e._, of which the incumbents may happen to die at Rome or within two

days' journey of the pontifical residence. The king and other princes

may occasionally _recommend_ or _request_ the promotion of persons of

special merit, but without threats or violent pressure of any kind.

Other articles regulate the order of ecclesiastical appeals, which, with

the exception of the "_causa majores_" specified by law, and those

relating to the elections in cathedral and conventual churches, are

henceforth to be decided on the spot by the ordinary judges; appeals are

to be carried in all cases to the court immediately superior; no case to

be referred to the pope "_omisso medio_," _i.e._, without passing

through the intermediate tribunals. The remaining clauses consist of

regulations for the performance of divine service, and various matters

of discipline. The reader will remember that Pope Eugenius, on the

occasion of his temporary reconciliation with the Council of Basel in

1433, expressed his approbation of all its synodal acts up to that date;

and this sanction of their validity is held by Gallicans to extend to

the period of the second and final rupture in 1437. It follows that the

provisions of the Pragmatic Sanction of Bourges, so far as they coincide

with the decrees of Basel prior to 1437, were authorized by the holy

see; and this includes them all, with two exceptions.

The Pragmatic Sanction was registered by the Parliament of Paris on

July 13, 1439; becoming thereby part of the statute law of France. Its

publication caused universal satisfaction throughout the kingdom. At

Rome, on the other hand, it was indignantly censured and resolutely

opposed. Eugenius IV vainly strove to obtain the King's consent to an

alteration of some of its details. Nicholas V protested against it

without effect; but the superior genius and subtle measures of Pius II

were more successful. This Pontiff denounced the Pragmatic at the

Council of Mantua in 1460 as "a blot which disfigured the Church of

France; a decree which no ecumenical council would have passed nor any

pope have confirmed; a principle of confusion in the ecclesiastical

hierarchy. Since it had been in force, the laity had become the masters

and judges of the clergy; the power of the spiritual sword could no

longer be exerted except at the good pleasure of the secular authority.

The Roman pontiff, whose diocese embraced the world, whose jurisdiction

is not bounded even by the ocean, possessed only such extent of power in

France as the parliament might see fit to allow him." The ambassadors of

Charles VII, however, reminded his holiness that the Pragmatic Sanction

was founded on the canons of Constance and Basel, which had been

ratified by his predecessors; and when the Pope proceeded to threaten

France with the interdict, and to prohibit all appeal from his decisions

to a future council, the King caused his procureur-general, Jean Dauvet,

to publish an official protest against these acts of violence,

concluding with a solemn appeal to the judgment of the Church Catholic

assembled by the representation. While awaiting that event, Charles

declared himself resolved to uphold the laws and regulations which had

been sanctioned by previous councils.

Louis XI, urged by alternate menaces, entreaties, and flattery from

Rome, revoked the Pragmatic Sanction shortly after his accession. This

step accorded well with his own arbitrary temper; for he could not

endure the privilege of free election by the cathedral and monastic

chapters; nor was he less jealous of the influence exerted, under the

shelter of that privilege, by the high feudal nobility in the disposal

of church preferment. He seems to have expected, moreover, that while

ostensibly conceding the right of patronage to the apostolic see, he

should be able to retain the real power in his own hands. The event

disappointed his calculations. No sooner was the decree of Bourges

rescinded than the Pope resumed and enforced his claim to the provision

of benefices in France. Simony and the whole train of concomitant abuses

reappeared more scandalously than ever; and Louis found himself despised

by his subjects as the dupe of papal artifice.

The parliamentary courts, meanwhile, assumed a determined attitude in

defence of the right of election guaranteed by the Pragmatic Sanction.

They pronounced the abolition of that act illegal, and treated it as

null and void; they insisted on their own authority in entertaining

appeals against ecclesiastical abuses; they eagerly supported anyone who

showed a disposition to withstand the pretensions of Rome in the matter

of patronage. The King, smarting under the trickery of the Pope, made no

attempt to restrain them in this line of conduct; and the result was

that the repeal of the Pragmatic Sanction was never fully executed,

having never been legalized by the forms of the constitution. On the

other hand, the popes so far maintained the advantage they had extorted

from Louis that the ancient franchise of the Church as to elections

became virtually extinct in France.

Things remained in this unsettled state during the reigns of Louis XI,

Charles VIII, and Louis XII. The latter Prince, on coming to the throne,

published an edict reëstablishing the Pragmatic Sanction; and this step,

added to his ambitious enterprises in Italy, brought him into hostile

collision with Pope Julius II. The King, unwilling to make war on the

head of the Church without some semblance of ecclesiastical sanction,

convoked a council at Tours in September, 1510, and consulted the clergy

on a series of questions arising out of the disturbed state of his

relations with Rome. They decided, in accordance with the known views

and wishes of the sovereign, that it is lawful for an independent

prince, if unjustly attacked, to defend himself against the pope by

force of arms; to withdraw for a time from his obedience; to take

possession of the territory of the Church, not with the purpose of

retaining it, but as a temporary measure of self-protection; and to

resist the pretensions of the pontiff to powers not rightfully belonging

to him. Citations to appear in Rome might, under such circumstances, be

safely disregarded; as also papal censures, which would be null and

void. If the emergency should arise, the council added, the king ought

to be governed by the ancient principles of ecclesiastical law, as

confirmed and reënacted by the Pragmatic Sanction.

The Gallican clergy sent a deputation to Pope Julius on this occasion to

entreat him to adopt a more conciliatory policy toward the princes of

Christendom; and they determined, in case their advice should be

fruitless, to demand the convocation of a general council to take

cognizance of the Pope's conduct, and prescribe the measures necessary

for the guidance and welfare of the Church. An ecclesiastical congress,

calling itself a council-general, but altogether unworthy of that august

title, was held, in fact, in the following year at Pisa, under the

auspices of the King of France and the emperor Maximilian. The Pope

refused to appear there, and convoked a rival synod at Rome, summoning

the cardinals who had authorized the meeting at Pisa to present

themselves at his court within sixty days. On the expiration of this

term he publicly excommunicated them, degraded them from their dignity,

and deprived them of their preferments.

Thus the Western Church once more exhibited the spectacle of a "house

divided against itself," as during the scandalous strife between the

synods of Basel and Florence; and for some time a formal schism appeared

imminent. The so-called Council of Pisa consisted of the four rebellious

cardinals, twenty Gallican prelates, several abbots and other

dignitaries, the envoys of the King of France, deputies from some of the

French universities, and a considerable number of doctors of the Faculty

of Paris. This assembly justified its position on the ground that there

are extraordinary cases in which a council may be called without the

intervention of the pope; and that, since the present Pontiff had

neglected to obey the decree of the Council of Constance which enjoined

a similar celebration at the interval of every ten years, the cardinals

were bound to take the initiative in the matter, according to a solemn

engagement which they had made in the conclave when Julius was elected.

After repeating the stereotyped formula concerning the supreme authority

of general councils, and the imperative necessity of a reformation of

the Church in its head and in its members, the fathers addressed

themselves professedly to the herculean task thus indicated; but little

or nothing was effected of any practical importance.

RENÉ FRANÇOIS ROHRBACHER[84]

Charles held an assembly at Bourges in the month of July, 1438. He

attended this himself, with the Dauphin, his son, afterward Louis XI,

many princes of the blood, and other nobles, with a great number of

bishops and doctors of the Church. The deputies of Pope Eugenius IV and

those of the prelates of Basel were heard one after another.

The result of this Assembly of Bourges was an ordinance and twenty-three

articles which were called the "Pragmatic Sanction," a name introduced

under the ancient emperors. In this were adopted, sometimes with

modifications, most of the decrees of Basel. Among them the first was

conceived in these terms: "General councils shall be held every ten

years, and the pope, according to the opinion of the council which is

closing, shall designate the place of the next council, which cannot be

changed except for most important reasons and by the advice of the

cardinals. As to the authority of the general council, the decrees

published at Constance are renewed, by which it is said that the general

council holds its power immediately from Jesus Christ; that all persons,

even of papal dignity, are subject to it in that which regards the

faith, the extirpation of schism, and the reformation of the Church in

the head and in the members; and that all must obey it, even the pope,

who is punishable if he transgresses it. Consequently, the Council of

Basel states that it is legitimately assembled in the Holy Ghost, and

that no one, not even the pope, can dissolve, transfer, nor prolong it,

without the consent of the fathers of the council."

The other articles may be reduced principally to the following

propositions: Canonical elections shall be held, and the pope shall not

reserve the bishoprics and other elective benefices. Expectant pardons

shall be abolished. Graduates shall be preferred to others in the

conferring of benefices, and for this reason they shall suggest their

degrees during Lent. All ecclesiastical causes of the provinces at a

distance of four days' journey from Rome shall be tried in the place

where they arise, except major causes and those of churches which are

immediately dependent on the holy see. In the case of appeals, the order

of the tribunals shall be preserved. No one shall ever appeal to the

pope without passing previously through the intermediate tribunal. If

anyone, believing himself injured by an intermediate tribunal subject to

the pope, makes an appeal to the holy see, the pope shall name the

judges from the same places, unless there should be important reasons

for bringing the cause directly to Rome. Frivolous appeals are punished.

The celebration of divine service is regulated and spectacles in

churches are forbidden. The abuse of ecclesiastical censures is

repressed, and it is declared that no one is obliged to shun

excommunicated persons, unless they have been proclaimed by name, or

else that the censure shall be so notorious that it cannot be denied or

excused. Such are the principal matters of the Pragmatic Sanction of

Bourges. It was registered at the Parliament of Paris, July 13, 1439;

but the King ordered its execution from the day of its date, 1438.

The Pragmatic Sanction of Bourges had a little defect; it was radically

null; for every contract is null which is not consented to by both of

the contracting parties. Now the Pragmatic Sanction was a contract

between the churches of France and the pope to regulate their mutual

relations. The consent of the pope to it was therefore absolutely

necessary, the more especially as he was the superior. For if one must

admit that a general council is superior to the pope, the Assembly of

Bourges was certainly not a general council. Moreover, the first use

that it made of its Pragmatic Sanction was to break it--and happily. In

its first articles, it had recognized the Council of Basel as ecumenical

and as superior to Pope Eugenius IV, with obligation to everyone to obey

its decrees. Now, the following year, 1439, the Council of Basel deposes

Eugenius IV, and substitutes for him Felix V, with obligation to

everyone, under penalty of anathema, to reject the first and submit to

the second. Nevertheless France does neither the one nor the other; she

continues to recognize Eugenius IV, and derides the pope of Ripaille and

of Basel, as she will declare in a new assembly of Bourges in 1440.

Above certain laws which men write on sheets of paper, with a

goose-quill and ink, they bear in themselves another law, written by

the hand of God, and which is good sense. Happy the nations which never

depart from this living and general law, or which, at least, know enough

to return to it promptly!

Accordingly, September 2, 1440, in the new Assembly of Bourges, King

Charles VII published a declaration by which he commanded all his

subjects to yield obedience to Pope Eugenius, with prohibition to

recognize another pope or to circulate among the public any letters or

despatches bearing the name of any other one whomsoever who pretended to

the pontificate. Nevertheless, Monsieur de Savoie, for so Charles VII

called the antipope, was united to him by ties of blood. This

declaration of the King and of the Assembly of Bourges was religiously

observed in all France, except in the University of Paris, where they

declared openly enough for the antipope. The reason of this is very

simple: the doctors of the Church in Paris dominated in the mob of

Basel, the antipope was of their own creation, and their colleagues of

Paris could not fail to recognize him.

As for King Charles VII, at the close of the year 1441 he sent an

embassy to Pope Eugenius to ask the convocation of a general council

which should put an end to the troubles of Christendom. The principal

orator was the Bishop of Meaux, Pierre de Versailles, formerly Bishop of

Digne, and originally a monk of the Abbey of St. Denis. He had an

audience in full consistory December 16th, and he spoke to the Pope in

the following terms:

"The most Christian King, our master, implores your assistance, most

holy Father, or rather it is the entire people of the faithful who

address to you these words of Scripture: '_Be our leader and our

prince._' Not that any one among us doubts that you have not the

princedom in the Church; for we know that the state of the Church was

constituted monarchical by Jesus Christ himself; but we ask you to be

_our prince_ by functions of zeal and by considerateness. We pray you to

manage wisely the boat of St. Peter, in the midst of the tempests by

which it is buffeted. The princes of the Church, most holy Father, ought

not to resemble those of the nations. The latter have frequently no

other rule of government than their own will; on the contrary, the

princes of the Church ought to temper the use of their authority; and it

is for that that the holy fathers have established laws and canons.

Now, here is the source of the ills which afflict the Church. There are

two extremes: one consists in exercising ecclesiastical authority as the

princes of the nations exercise theirs, without rule and without

measure; the other is the enterprise of those who, in order to correct

its abuses, have desired to annihilate authority, who have denied that

supreme power rests in the Church, who have given this power to the

multitude, who have changed the entire ecclesiastical order in

destroying the monarchy which God placed there, to substitute for it

democracy or aristocracy, who have arrived, not only with respect to the

leader but also with respect to doctrine, at the point of causing an

execrable schism among the faithful.

"These considerations, most holy Father, have touched the most Christian

King; and to mitigate these two extremes, he has resolved to solicit the

convocation of a general council. That of Basel pushed the second

extreme too far when it undertook to suppress the truth as to the

supreme power in one alone. That of Florence, which you are now holding,

has well elucidated this truth, as may be seen in the decree concerning

the Greeks; but it has determined upon nothing to temper the use of this

power. This has caused many to believe it too near to the first

extremity. A third will be able, therefore, to take the just mean and

restore everything to order.

"I shall be told, no doubt, that there is no more need of general

councils; that there have been enough of them up to this time; that the

Roman Church suffices to terminate all controversies; that a prince does

not willingly intrust his rights to the multitude; that we would be

again exposed, by the convocation of another council, to the movements

which agitated the assembly at Basel; but, in order to answer that, it

is sufficient to cast our eyes upon the present state of the Church.

There should rest in you, most holy Father, and in all other prelates,

two kinds of authority; one of divine power and institution, the other

of confidence in the people and of good reputation. The first, although

it cannot fail you, has, however, to be amenable to the second, and you

will obtain this by means of a general council, not such a one as that

of Basel, but such as the most Christian King asks; that is to say, a

council which shall be held at your order, and which shall be regulated

according to the decrees of the holy fathers. Such an assembly will not

be a confused multitude; and your monarchical power, which comes from

heaven, which is attested by the Gospel, which is recognized by the

saints and by the universal Church, will not be exposed to any danger."

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