he
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 th