for example, that of Nicaea, have given him this charge, which external church regulation we do not attack. And although in former years, when the empire was under one head some emperors convoked councils, it would be in vain at present for the Emperor to proclaim a council, as foreign nations would not heed such proclamation. But while the Pope at present, according to the form of the law has the charge to proclaim councils, he is thereby not made the judge in matters of faith, for even popes themselves have frequently been deposed by councils. Pope John proclaimed the Council of Constance, but was nevertheless deposed by it." Accordingly the opinion continues: "It is not for us to advise that the council be summarily declined, neither do we consider this profitable, for we have always appealed to a council. What manner of suspicion, therefore, would be aroused with His Imperial Majesty and all nations if at the outset we would summarily decline a council, before discussing the method of procedure!" And even if the Lutherans should be cited [instead of invited], one must await the wording of the citation, "whether we are cited to show the reason for our teaching, or to hear ourselves declared and condemned as public heretics." In the latter case it might be declined. In the former, however, the citation should be accepted, but under the protest "that they had appealed to a free Christian council," and did not acknowledge the Pope as judge. "And if (_caeteris paribus,_ that is, provided the procedure is correct otherwise) the council is considered the highest tribunal, as it ought to be considered, one cannot despise the command of the person to whom the charge is given to proclaim councils, whoever he may be. But if afterwards the proceedings are not conducted properly, one can then justly lodge complaint on that account." "To proclaim a council is within the province of the Pope; but the judgment and decision belongs to the council.... For all canonists hold that in matters of faith the council is superior to the Pope, and that in case of difference the council's verdict must be preferred to that of the Pope. For there must be a supreme court of the Church, _i.e._, the council." On account of the place, however they should not refuse to appear. (_C. R._ 3,119.)