SESSION 2 10 January 1438 [On the legitimate continuation of the council of Ferrara, against the assembly at Basel]

For the praise of almighty God, the exaltation of the catholic faith and the peace, tranquillity and unity of the whole christian people. This holy universal synod, through the grace of God authorized by the most blessed lord pope Eugenius IV, legitimately assembled in the holy Spirit in this city of Ferrara, represents the universal church. Its president, on behalf and in the name of the said most holy lord Eugenius, is the most reverend father and lord in Christ lord Nicholas, cardinal-priest of the holy Roman church of the title of holy Cross in Jerusalem, legate of the apostolic see. It adheres to the firm foundation of him who said to the prince of the apostles: You are Peter, and on this rock I will build my church. It is eager to preserve the unity of the spirit in the bond of peace, so that we might be one body and one spirit, just as we were called in the one hope of our calling. It records that much was done in days past both at the former council of Basel and after its translation by some staying on there without any authority, and also by the said most blessed pope lord Eugenius, especially in respect of the business of the most holy union of the western and the eastern church, namely the following: the decree of the nineteenth session of the former council of Basel beginning As a dutiful mother, to which the most holy lord Eugenius gave his assent by his letter; also an agreed proposal on the choice of a place to which the council of Basel should be translated which was agreed upon and confirmed by all the fathers in common and which led to the decree of the twenty-fifth session of the former council, which begins This holy synod from its outset etc. and which the pope himself, urged on by the envoys of the Greeks, accepted and confirmed by his letter given in a general consistory at Bologna and published in the presence of these envoys, also the letter of the same most blessed Eugenius dated 18 September last, issued in a general consistory at Bologna and solemnly read out at the beginning of the continuation of this synod, by which the pope with the counsel and consent of the most reverend cardinals of the holy Roman church and with the approval of the prelates then in the curia, transferred the council to this city of Ferrara; also the letter of the declaration of the same, dated 30 December, immediately following the said translation; all of which this holy synod has ordered to be registered verbatim in its acts as a permanent record, as is contained in these same acts.

All these facts and many more have been duly pondered and maturely discussed in various meetings. This holy synod declares that the aforesaid translation and declaration were and are legitimate, just and reasonable, and were and are made from urgent necessity so as to remove an obstacle to the most holy union of the western and the eastern church, to prevent a schism already threatening in God's church, and for the manifest benefit of the whole christian commonwealth, and that therefore this holy synod was legitimately assembled and established in the holy Spirit in this city of Ferrara for all the purposes for which the said former council of Basel was instituted at its beginning, and especially to be the future ecumenical council for the aforesaid most holy union; and that it ought to continue and to proceed to all the aforesaid matters. This holy synod therefore praises, accepts and approves the translation and the consequent declaration, as mentioned above. It exhorts in the Lord and requires of each and all of the present and future members of the holy synod to apply themselves to the above things with earnest care and serious study. By the generosity of him who has begun in us a good work, may everything be directed and done for his glory and the salvation of the whole christian people.

This holy synod further declares that, since the well known necessity of the above reasons demanded and impelled the said most holy lord Eugenius to that translation, the matter in no way falls within the decrees of the eighth, the eleventh or any other session of the former council of Basel.

It decrees that the assembly at Basel, and every other assembly which may perchance convene there or elsewhere under the name of a general council, rather is and ought to be considered a spurious gathering and conventicle, and can in no way exist with the authority of a general council.

It quashes, invalidates and annuls, and declares to be invalid, quashed, null and of no force or moment, each and all of the things done in the city of Basel in the name of a general council after the said translation, and whatever may be attempted there or elsewhere in the future in the name of a general council.

But if in the matter of the Bohemians something useful has been achieved by the said people assembled at Basel after the said translation, it intends to approve that and supply for defects.

In order that each and all of the members of the holy synod may be kept safe from every annoyance and may serve God in good works without anxiety, free from all fear, harassment and injury, this holy synod absolves, frees and dispenses, and declares to be absolved and freed, and the oaths to be dispensed from, each and all of those who, under whatsoever plea or cause, bound themselves to the former synod of Basel by oaths, with obligations and commitments, whereby their full and free right to obey this present holy synod and to promote its honour and good might be impeded and they might have scruples of some kind.

This holy synod also ordains and decrees that nobody of whatsoever rank or dignity, by any ordinary or delegated jurisdiction for any cause or occasion, except by the jurisdiction of the apostolic see, shall dare to disturb, harass or molest, in their dignities, offices, administrations, privileges, honours, benefices and other goods, each and all of those, both seculars and religious, including members of mendicant orders, who are or shall be at this present synod, or who follow the Roman curia and will soon be at this synod on account of the move of the most holy lord Eugenius with his curia to this city, which has been announced by the posting up of notices in accordance with the ancient custom of the curia.

But if, under any pretext, directly or indirectly, any should presume to molest any of the said persons in their dignities, offices, administrations, honours, privileges, benefices or other goods, or to prevent them from freely enjoying their jurisdiction, fruits and emoluments as they did before, or to confer on others their dignities, offices, administrations, honours and benefices, on the plea of some deprivation, this holy synod intends that each and all of them, even if they are cardinals, patriarchs, archbishops, bishops or persons with some other dignity, or chapters, colleges, convents or universities, shall incur automatically and without the need for a previous warning sentences of excommunication, suspension and interdict, absolution from which is reserved to the Roman pontiff alone, except at the hour of death.

Moreover the synod decrees that those who do not repent within three days after making these conferrals or placing these obstacles, by fully restoring those whose dignities, offices, administrations, honours and benefices they conferred, or whom they impeded in other ways, as stated above, to all their churches and benefices as they held them before, whether they held them by title, in commendam or in administration; and also each and all of those who presume to accept collation to the aforesaid dignities, offices, administrations, honours and benefices, even if they were made motu proprio, or to take possession of them in person or through others, or to hold such action as valid; all these persons are automatically deprived by law, if they previously had any claim in them, of all their other benefices, whether they held them by title, in commendam or in administration, and they are rendered perpetually disqualified from them and all other benefices, and they can be restored and habilitated only by the Roman pontiff.

This holy synod, moreover, warns and requires each and all of those who are obliged by law or custom to take part in general councils, to come as soon as possible to this present synod at Ferrara, which will continue, as noted above, for the speedy attainment of the aforesaid purposes.