Page:The Acts and Monuments of John Foxe Volume 3.djvu/728

 prorogation made. Also, it is the nature of prorogation, to be made before the first term or day be passed; for otherwise, it is no prorogation, but a new appointment. And albeit it may be said, that then it may be long delayed; it is answered, that in this point we must stand unto the judgment of the church, which, considering divers circumstances, would think the time meet. For the liberty of celebrating councils, was instituted for the profit and favour of the church. What if it should happen that when the time cometh, in the place where a council should be kept, there be a great plague or some siege, which should continue for the space of three or four months, and the pope, in the mean time, doth not change the place, according to the form of the chapter 'Frequens,' and that, through such impediments, the prelates did not come the first day unto the place, or, if any were coming, that they were taken by the way, who, if they had not been taken, had been present at the first day in the place appointed: is it therefore to be said that the power of the council is past? or that the impediment ceasing, and the prelates coming thither, the council cannot be holden? That truly were greatly absurd and too much prejudicial to the church of God. But, in this our case, the cause is probable why the prelates did defer to come at the beginning of the time appointed; for as much as when the time drew near, pope Martin died the 20th of February: for which cause the prelates might well doubt upon some impediment of the council. Also they tarried looking that some should come thither in the name of the pope, because they would not tarry in that place in vain without a president. As for the legate who was appointed for the council, whose presence all men tarried for, until he would prepare himself for that journey, he came not at the time appointed unto the council, but went unto Nuremberg, to persecute the Bohemians; according to the commandment of pope Martin, who had enjoined him to go first thither, before he went to Basil.

And the same legate, being oftentimes required at Nuremberg, that he should go to Basil to hold the council, answered, that he would not go before he had the consent of the new bishop. This was the cause of the prelates' delay; neither is it greatly to be imputed unto the prelates, who suspected that pope Martin would not have holden the council, and feared to bring themselves into trouble: and good cause had they so to fear, through those things which happened in the council of Sienna; for there were many things spoken which caused great suspicion. It was reported unto me, that many had said, I came unto Germany to disturb the council.

Also this was pope Martin's mind and intent, that, albeit the council was not begun at the beginning of March, notwithstanding, the authority of holding the council should not be void. For he, when the time of the council approached, willed me that I should first go unto Boliemia, before I went unto the council; whereof, also, mention is made in the bull of the consistory dissolution.

But what need we any other proof, than by the letters of your holiness? In which your letters, dated the 2d of the calends of June, and delivered unto me long after the time, by the space of three months, you do command me, that, my business being done in Bohemia, I should take my way to Basil, to hold the council, and there to foresee unto all things, as it was enjoined me, and ordained in the council of Constance. The same also you repeat in the bull of the dissolution brought unto me by the lord Parentine; the words whereof are these: 'Unto your circumspection! Since your going into Germany no prelates have assembled in Basil for the celebrating of the council: we gave you in commandment that, in the mean time, you should be diligent about the expedition against the Bohemian heretics, which is committed to your charge, and afterwards you shall come unto Basil, the place appointed for the council, and there rule in our place in the name of the church.' What is more evident than this? If any thing were doubtful, by the tenor of these letters it were evidently taken away. If any man would say, that neither pope Martin, nor Eugene, could confirm the council by writing such letters, because there was a prorogation which is prohibited by the chapter 'Frequens:' it is answered, that there is no prorogation, but execution of that which is in power, or a declaration that it is not necessary to hold the council precisely even at the beginning. Also it is no prorogation, for a prorogation is made before the term is expired and not after; for after, it is rather called a new indiction or appointment. And if any man will say that there can be no new indiction made, then