[This is the introduction given by Tanner in Decrees of the Ecumenical Councils]

This council was summoned by John XXIII, the Pisan pope [1 ] , with the support of Emperor Sigismund. It began on 5 November 1414 in the cathedral of Constance, with many bishops from all parts of Europe. Business in the council was transacted in a way that was largely new for an ecumenical council, namely votes were cast not by Individual persons but by nations.

The council, from the very beginning, proposed the following three topics:

1. To bring unity back to the church and to make an end to the schism which had divided the church since 1378 and which the council held at Pisa in 1409 had not healed but rather aggravated when it elected Alexander V as a third pope. When the council of Constance opened, Christians owed obedience to three different popes: some owed obedience to Gregory XII of the Roman party others to Benedict XIII of the Avignon party, and others to John XXIII, who had been elected after the death of Alexander V. John XXIII and Benedict XIII were deposed by the council, Gregory XII voluntarily resigned. Then Martin V was elected pope on 11 November 1417 and he was regarded as the legitimate pontiff by the church as a whole.

2. To eradicate heresies, especially those spread by John Wyclif in Britain and by John Hus and Jerome of Prague in Bohemia.

3. To reform the corrupt morals of the church. This, however, was only partly accomplished in the final sessions of the council.

With regard to the ecumenical nature of the sessions, there is dispute about those before the election of Martin V and also about the significance and force of the approval which he gave to the matters transacted by the council. The decrees notably those of sessions 3-5 and the decree Frequens (session 39), appear to proceed from the council's teaching. Objection has been made to them on the grounds of the primacy of the Roman pontiff. There is no doubt, however, that in enacting these decrees there was solicitude and care to choose the true and sure way ahead in order to heal the schism, and this could only be done by the authority of a council.

The acts of the council of Constance were first published by Jerome of Croaria at Hagenau in 1500 (Acta scitu dignissima docteque concinnata Constantiensis concilii celebratissimi = Asd), from the epitome of the acts which the council of Basel had ordered to be compiled and publicly accepted in 1442. This edition of the Basel epitome was followed by all general collections of the councils (including Editio Romana, IV 127-300, even though it ignores the council of Basel). These collections, down to Mansi (27, 529-1240), added various appendices. H. von der Hardt, in his great collection of the sources of the council of Constance, made an edition of the acts and decrees of the council according to the earliest trustworthy documents (Magnum oecumenicum Constantiense concilium, in six tomes, Frankfurt-Leipzig 1696-1700; tome IV, Corpus actorum et decretorum magni Constantiensis concilii de Ecclesiae refor matione, unione ac fide = Hardt). We have followed von der Hardt's edition throughout and have noted only the principle variants provided by Asd. We indicate only, and do not print, the decrees pertaining to the internal administration of the council and of the church and to judicial acts.

[By the e-text editor]

I have given the conventional session numbers for "the" Council of Constance so as to make cross referencing with other editions easier. However it is very misleading to do so. One should not speak of "the" Council of Constance, but of the councils of Constance. There was a council of bishops [and others] beginning 16 November 1414 which styled itself ecumenical, but which the true pope of the day did not recognize as such. There was another council [even if its members were those of the first] which he convoked, by proxy, on 4 July 1415 and did recognize as ecumenical. The ratification of "the" council by Martin the fifth, given in a footnote to session 45, was a ratification of everything determined "in a conciliar way ... by this present council of Constance", i.e. of the one convoked on 4 July 1415. The intent of the words "in a conciliar way" is, on my reading, to distinguish the true [ecumenical] council from the false one.

The matter is crucial to the possibility of the catholic doctrine of the infallibility of ecumenical councils, since the teachings of Vatican 1 on papal primacy are inconsistent with those of the first [non-ecumenical] Council of Constance [in particular the famous session 5, Haec Sancta, which taught conciliarism] , but not with those of the second [ecumenical] one

Crucial to my claim is the question of who the true pope was and when a genuinely ecumenical council came into existence. I shall quote from Phillip Hughes (the footnotes here included are from Hughes' text) :

"Just five weeks after Baldassare Cossa so meekly accepted the council's sentence, the fathers met to receive the solemn abdication of Gregory XII. He was in fact, and to the end he claimed to be in law, the canonically elected representative of the line that went back to Urban VI, the last pope to be acknowledged as pope by Catholics everywhere [2 ] . The abdication was arranged and executed with a care to safeguard all that Gregory claimed to be; and this merits - and indeed, requires - much more detailed consideration than it usually receives. [3 ]

Gregory XII sent to Constance as his representatives his protector Carlo Malatesta, the Lord of Rimini, and the Dominican cardinal, John Domenici -- to Constance indeed, but not to the General Council assembled there by the authority, and in the name, of John XXIII. The envoys' commission was to the emperor Sigismund, presiding over the various bishops and prelates whom his zeal to restore peace to the Church had brought together. To these envoys -- and to Malatesta in the first place-Gregory gave authority to convoke as a General Council -- to convoke and not to recognise -- these assembled bishops and prelates ; [4 ] and by a second bull [5 ] he empowered Malatesta to resign to this General Council in his name.

The emperor, the bishops and prelates consented and accepted the role Gregory assigned. And so, on July 4, 1415. Sigismund, clad in the royal robes, left the throne he had occupied in the previous sessions for a throne placed before the altar, as for the president of the assembly. Gregory's two legates sat by his side facing the bishops. The bull was read commissioning Malatesta and Domenici to convoke the council and to authorise whatever it should do for the restoration of unity and the extirpation of the schism -- with Gregory's explicit condition that there should be no mention of Baldassare Cossa, [6 ] with his reminder that from his very election he had pledged himself to resign if by so doing he could truly advance the good work of unity, and his assertion that the papal dignity is truly his as the canonically elected successor of Urban VI.

Malatesta then delegated his fellow envoy, the cardinal John Domenici, to pronounce the formal operative words of convocation [7 ] ; and the assembly -- but in its own way -- accepted to be thus convoked, authorised and confirmed in the name "of that lord who in his own obedience is called Gregory XII" [8 ] . The council next declared that all canonical censures imposed by reason of the schism were lifted, and the bull was read by which Gregory authorised Malatesta to make the act of abdication [9 ] and promised to consider as ratum gratum et firmum, and forever irrevocable, whatever Malatesta, as his proxy, should perform. The envoy asked the council whether they would prefer the resignation immediately, or that it should be delayed until Peter de Luna's decision was known. The council preferred the present moment. It ratified all Gregory XII's acts, received his cardinals as cardinals, promised that his officers should keep their posts and declared that if Gregory was barred from re-election as pope, this was only for the peace of the Church, and not from any personal unworthiness. Then the great renunciation was made [10 ] , " . . . renuncio et cedo . . . et resigno . . . in hac sacrosancta synodo et universali concilio, sanctam Romanam et universalem eccleciam repraesentante"and the council accepted it [11 ] , but again as made "on the part of that lord who in his own obedience was called Gregory XII". The Te Deum was sung and a new summons drawn up calling upon Peter de Luna to yield to the council's authority.

The work of Pisa was now almost undone, and by this council which, in origin, was a continuation of Pisa. It had suppressed the Pisan pope whom Pisa, with biting words, had rejected as a schismatic and no pope."

Phillip Hughes A History of the Church, p289-291

[On the matters to be treated in the council, in which order and by which officials [12 ]]

John, bishop, servant of the servants of God, for future record. Wishing to carry out those things which were decreed at the council of Pisa [13 ] by our predecessor of happy memory, pope [14 ] Alexander V, regarding the summoning of a new general council, we earlier convoked this present council by letters of ours, the contents of which we have ordered to be inserted here:

John, bishop ... [15 ]

We have therefore come together with our venerable brothers, cardinals of the holy Roman church, and our court to this city of Constance at the appointed time. Being present here by the grace of God, we now wish, with the advice of this sacred synod, to attend to the peace, exaltation and reform of the church and to the quiet of the christian people.

In such an arduous matter it is not right to rely on one's own strength, but rather trust should be placed in the help of God. Therefore, in order to begin with divine worship, we decreed, with the approval of this sacred council, that a special mass for this purpose should be said today. This mass has now been duly celebrated, by the grace of God. We now decree that such a mass shall be celebrated collegially in this and every other collegiate church of this city whether secular or regular, once a week, namely each Friday, for the duration of this sacred council. Moreover, in order that the faithful may devote themselves to this holy celebration most fervently, whereby they will feel themselves refreshed by a more abundant gift of grace, we relax, mercifully in the Lord, the following amounts of enjoined penance to each and every one of them who is truly penitent and has confessed: for each mass, one year to the celebrating priest and forty days to those present at it. Furthermore, we exhort our venerable brothers, cardinals of the holy Roman church, as well as patriarchs, archbishops and bishops, and our beloved chosen sons, abbots and others in the priesthood, devoutly to celebrate this mass once every week, in order that the aforesaid divine aid may be implored; and we grant the same indulgences to the celebrant and to those present at the mass. We exhort in the Lord, moreover, each and all who glory in the name of Christ, in order that the desired outcome to so great a matter may be obtained, to give themselves diligently to prayer, fasting, almsgiving and other pious works, so that God may be placated by our and their humility, and so deign to grant a happy outcome to this sacred gathering.

Considering, moreover, that a council should specially treat of those matters which concern the catholic faith, according to the praiseworthy practices of the early councils, and aware that such things demand diligence, sufficient time and study, on account of their difficulty, we therefore exhort all those who are well versed in the sacred scriptures to ponder and to treat, both within themselves and with others, about those things which seem to them useful and opportune in this matter. Let them bring such things to our notice and to that of this sacred synod, as soon as they conveniently can, so that at a suitable time there may be decided what things, it seems, should be held and what repudiated for the profit and increase of the same catholic faith.

Let them especially ponder on the various errors which are said to have sprouted in certain places at various times, especially on those which are said to have arisen from a certain John called Wyclif.

We exhort, moreover, all Catholics assembled here and others who will come to this sacred synod that they should seek to think on, to follow up and to bring to us, and to this same sacred synod, those matters by which the body of Catholics may be led, if God is willing, to a proper reformation and to the desired peace. For it is our intention and will that all who are assembled for this purpose may say, consult about and do, with complete freedom, each and all of the things that they think pertain to the above.

In order, however, that a rule may be observed in the procedure of this sacred synod with regard to what things are to be said and decided, the action to be taken and the regulating of customs, we think that recourse should be had to the practices of the ancient fathers, which are best learned from a canon of the council of Toledo, the contents of which we have decided to insert here [16 ] :

Nobody should shout at or in any way disturb the Lord's priests when they sit in the place of blessing. Nobody should cause disturbance by telling idle stories or jokes or, what is even worse, by stubborn disputes. As the apostle says, if anyone thinks himself religious and does not bridle his tongue but deceives his heart, then his religion is vain. For, justice loses its reverence when the silence of the court is disturbed by a crowd of turbulent people. As the prophet says, the reverence due to justice shall be silence. Therefore whatever is being debated by the participants, or is being proposed by persons making an accusation, should be stated in quiet tones so that the hearers' senses are not disturbed by contentious voices and they do not weaken the authority of the court by their tumult. Whoever thinks that the aforesaid things should not be observed while the council is meeting, and disturbs it with noise or dissensions or jests, contrary to the things forbidden here, shall leave the assembly, dishonourably stripped of the right to attend, according to the precept of the divine law (whereby it is commanded: drive out the scoffer, and strife will go out with him), and he shall be under sentence of excommunication for three days.

Since it may happen that some of the participants will not be in their rightful seats, we decree, with this sacred council's approval, that no prejudice shall arise to any church or person as a result of this seating arrangement.

Since certain ministers and officials are required in order that this council may proceed, we therefore depute, with this sacred council's approval, those named below, namely our beloved sons... [17 ]

[John XXIII publicly offers to resign the papacy]

[Decrees on the integrity and authority of the council, after the pope s flight [18 ]]

For the honour, praise and glory of the most holy Trinity, Father and Son and holy Spirit, and to obtain on earth, for people of good will, the peace that was divinely promised in God's church, this holy synod, called the sacred general council of Constance, duly assembled here in the holy Spirit for the purpose of bringing union and reform to the said church in its head and members, discerns declares, defines and ordains as follows.

First, that this synod was and is rightly and properly summoned to this city of Constance, and likewise has been rightly and properly begun and held.

Next, that this sacred council has not been dissolved by the departure of our lord pope from Constance, or even by the departure of other prelates or any other persons, but continues in its integrity and authority, even if decrees to the contrary have been made or shall be made in the future.

Next, that this sacred council should not and may not be dissolved until the present schism has been entirely removed and until the church has been reformed in faith and morals, in head and members.

Next, that this sacred council may not be transferred to another place, except for a reasonable cause, which is to be debated and decided on by this sacred council.

Next, that prelates and other persons who should be present at this council may not depart from this place before it has ended, except for a reasonable cause which is to be examined by persons who have been, or will be, deputed by this sacred council. When the reason has been examined and approved, they may depart with the permission of the person or persons in authority. When the individual departs, he is bound to give his power to others who stay, under penalty of the law, as well as to others appointed by this sacred council, and those who act to the contrary are to be prosecuted.

[Decrees of the council on its authority and integrity, in the abbreviated form read out by cardinal Zabarella]

In the name of the holy and undivided Trinity, Father and Son and holy Spirit Amen. This holy synod of Constance, which is a general council, for the eradication of the present schism and for bringing unity and reform to God's church in head and members, legitimately assembled in the holy Spirit to the praise of almighty God, ordains, defines, decrees, discerns and declares as follows, in order that this union and reform of God's church may be obtained the more easily, securely, fruitfully and freely.

First, that this synod, legitimately assembled in the holy Spirit, constituting a general council, representing the catholic church militant, has power immediately from Christ, and that everyone of whatever state or dignity, even papal, is bound to obey it in those matters which pertain to the faith and the eradication of the said schism. [19 ]

Next, that our most holy lord pope John XXIII may not move or transfer the Roman curia and its public offices, or its or their officials, from this city to another place, nor directly or indirectly compel the persons of the said offices to follow him, without the deliberation and consent of the same holy synod; this refers to those officials or offices by whose absence the council would probably be dissolved or harmed. If he has acted to the contrary in the past, or shall in the future, or if he has in the past, is now or shall in the future fulminate any processes or mandates or ecclesiastical censures or any other penalties against the said officials or any other adherents of this council, to the effect that they should follow him then all is null and void and in no way are the said processes, censures and penalties to be obeyed, inasmuch as they are null and void, and they are invalid. The said officials are rather to exercise their offices in the said city of Constance, and to carry them out freely as before, as long as this holy synod is being held in the said city.

Next, that all translations of prelates, and depositions of the same, or of any other beneficed persons, revocations of commendams and gifts, admonitions, ecclesiastical censures, processes, sentences, acts and whatever has been or will be done or accomplished by our aforesaid lord and his officials or commissaries, from the time of his departure, to the injury of the council or its adherents, against the supporters or participants of this sacred council, or to the prejudice of them or any one of them, in whatever way they may have been or shall be made or done, against the will of the persons concerned, are in virtue of the law itself null, quashed, invalid and void, and of no effect or moment, and the council by its authority quashes, invalidates and annuls them.

[Next, it was declared and decided that three persons should be chosen from each nation who know both the reasons of those wishing to depart and the punishments that ought to be inflicted on those departing without permission. [20 ]]

Next, that for the sake of unity new cardinals should not be created. Moreover, lest for reasons of deceit or fraud some persons may be said to have been made cardinals recently, this sacred council declares that those persons are not to be regarded as cardinals who were not publicly recognised and held to be such at the time of our lord pope's departure from the city of Constance.

The famous Haec Sancta decree contradicting Vatican 1 on papal primacy/infallibility.

[Decrees of the council, concerning its authority and integrity, which had been abbreviated by cardinal Zabarella at the preceding session, against the wishes of the nations, and which are now restored, repeated and confirmed by a public decree]

In the name of the holy and undivided Trinity, Father and Son and holy Spirit. Amen. This holy synod of Constance, which is a general council, for the eradication of the present schism and for bringing unity and reform to God's church in head and members, legitimately assembled in the holy Spirit to the praise of almighty God, ordains, defines, decrees, discerns and declares as follows, in order that this union and reform of God's church may be obtained the more easily, securely, fruitfully and freely.

First it declares that, legitimately assembled in the holy Spirit, constituting a general council and representing the catholic church militant, it has power immediately from Christ; and that everyone of whatever state or dignity, even papal, is bound to obey it in those matters which pertain to the faith, the eradication of the said schism and the general reform of the said church of God in head and members.

Next, it declares that anyone of whatever condition, state or dignity, even papal, who contumaciously refuses to obey the past or future mandates, statutes, ordinances or precepts of this sacred council or of any other legitimately assembled general council, regarding the aforesaid things or matters pertaining to them, shall be subjected to well-deserved penance, unless he repents, and shall be duly punished, even by having recourse, if necessary, to other supports of the law.

Next, the said holy synod defines and ordains that the lord pope John XXIII may not move or transfer the Roman curia and its public offices, or its or their officials, from the city of Constance to another place, nor directly or indirectly compel the said officials to follow him, without the deliberation and consent of the same holy synod. If he has acted to the contrary in the past, or shall in the future, or if he has in the past, is now or shall in the future fulminate any processes or mandates or ecclesiastical censures or any other penalties, against the said officials or any other adherents of this sacred council, to the effect that they should follow him, then all is null and void and in no way are the said processes, censures and penalties to be obeyed, inasmuch as they are null and void. The said officials are rather to exercise their offices in the said city of Constance, and to carry them out freely as before, as long as this holy synod h being held in the said City. FOOTNOTES

• 1 This footnote is not from Tanner. This council was occasioned by The Schism begun when the cardinals who had elected Urban VI pope on 8th April 1378 and who had all repeatedly recognised him subsequently, decided in view of his offensive zeal for reform to claim that the pressure they had been under during his election had invalidated it. In September 1378 they elected Robert of Genoa [anti] pope Clement VII. Urban VI excommunicated them all and appointed a new college of cardinals. There then continued two lines of popes with supporting cardinals. Fed up with this bipartite division of christendom the "council" of Pisa in 1409 made it tripartite beginning another line

  The legitimate line ran : Urban VI, Boniface IX, Innocent VII, Gregory XII.

  The first line of antipopes ran :Clement VII, Benedict XIII.

  The second line of antipopes ran : Alexander V, who was succeeded by antipope John XXIII.

  It should be remembered that those assembled at Constance did not constitute an ecumenical council until the bull of Gregory XII was proclaimed on 4 July 1415 in what in Tanner is called "Session 14".

• 2 i.e. for the few weeks of 1378 that intervened between his election and his electors' repudiation of the election.
• 3 The documentation can be found in MANSI, vol. XXVII, cols. 730-46.
• 4 Terrenas Affectiones, March 13, 1415, MANSI, XXXII, col. 733.
• 5 Cum ad laudem of same date; ib. col. 733-4.
• 6 Remota tamen omnino dicti Balthassaris praesidentia et praesentia; MANSI, col. 733. The powers granted in the commission are stated to have reference to " congregationem ipsam, in quantum per dictam serenitatem regiam, et non Balthassarem, sese nuncupari facientem Joannem XXIll vocatum . . ." Gregory XII nowhere speaks of John XXIII's "obedience".
• 7 The schedule, Quia sanctissimus dominus noster: which begins by describing the assembly . . . celebris fama huius sanctae congregationis pro generali concilio Constantiensi . . . congregatae: the vital words are given Ego Joannes . . . istud sacrum concilium generale CONVOCO et omnia per ipsum agenda auctorizo et confirmo: MANSI, ib. col. 734.
• 8 MANSI, ib., col. 735.
• 9 Divina gratia dirigente dated from Rimini, March 10, 1415; MANSI, ib. col. 737.
• 10 The schedule, Ego Carolus de Malatestes, MANSI, ib., col. 744
• 11 "Admittit, approbat et collaudet ", ib., col. 745.
• 12 This document of John XXIII was read and approved by the council at this first session.
• 13 A "council" not recognized by the legitimate pope, the council of Pisa (1409), session 22 (Msi 26, 1155).
• 14 really antipope Alexander V
• 15 Here was read John's "Bull" Ad pacem et exaltationem ecclesiae dated 9 December 1413.
• 16 The 11th council of Toledo (675), canon 1 (Mansi 11, 137; Bruns 1, 308), ch. 3 C. V q. 4 (Fr 1, 548).
• 17 Here follow the appointments of the council's ministers and officials
• 18 John XXIII had fled from Constance on 20 March 1415
• 19 and the general reform of God's church in head and members adds Asd. These words are not found even in the reliable codices of the Basle epitome (see Hardt IV, prologue 15 ff.)
• 20 This paragraph is in Asd, but in fact the matter was only proposed, not decided upon (see Hardt, IV 90).