Abstract

It was Harold J. Laski who said “the road from Constance to 1688 is a direct one,” and he did so when speaking of the constitutional theories enunciated by the Conciliar thinkers and put into practice at the Council of Constance. These closely related theories had their roots deep in the corporative thinking of the medieval canon lawyers but sprang into prominence during the years after 1378, when the Western Church was divided first into two and then into three “obediences” under the sway of rival claimants to the Papacy. Basic to all the Conciliar theories was the central insistence that the final authority in the Church lay not with the Pope but with the whole body of the faithful and that the Pope possessed, therefore, not an absolute but merely a ministerial authority delegated to him for the good of the Church. This belief made it possible to appeal from the obduracy of the rival pontiffs to the decision of the faithful as expressed through their representatives assembled in a General Council of the whole Church, and such a possibility was actualized at the Councils of Pisa (1409) and Basel (1431-1449) and, most strikingly of all, at Constance (1414-1418). There it found expression, not only in the judgment and deposition of popes, but also in the promulgation of the decree Sacrosancta (1415), which declared:This sacred synod of Constance, forming a General Council … represents the Catholic Church and has immediate power from Christ which anyone, of whatsoever status and condition, even if holding the Papal dignity, is bound to obey in matters pertaining to the Faith, extirpation of the schism and reformation of the said Church in head and members.

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