The deputies who had been sent to Eugenius returning without having effected the object of their mission, the council, by a public decree, dated April the twenty-ninth, 1432, supplicated, required, and admonished the pontiff to revoke the bull of dissolution with the same formality with which it had been published. By the same decree, Eugenius was summoned to appear in the council in the space of three months, either in person or by deputies furnished with full powers to act in his name. He was also duly forewarned, that should he refuse to comply with these requisitions, the council would, according to the dictates of justice, and the Holy Spirit, provide for the necessities of the church, and proceed according to the precepts of divine and human laws.[191] After these acts of open hostility, prudence dictated to the members of the council the necessity of abridging the influence and authority of their adversary as much as possible; and for this purpose, in their fourth session, which was held on the twentieth of June, [A. D. 1432.] they decreed, that in case of a vacancy of the holy see, the successor to Eugenius should be elected in the place where the council should happen to be sitting; and that during the existence of that assembly, the pope should be prohibited from creating new cardinals. The council proceeded to still more daring extremities. On Sunday, September 6th, after the solemnization of the mass, two procurators of that assembly presented a petition, which set forth, that whereas Eugenius, having been regularly summoned to revoke the bull which he had issued, ordaining the dissolution of the council, and also to appear in person in the said council, within the space of three months, had neglected to obey the said summons, and had on the contrary persisted in his endeavours to put a stop to the proceedings of the legal representatives of the Christian church, they demanded that the said Eugenius should be declared contumacious; and that further proceedings should be had according to law. This petition having been read, the bishop of Constance, who on that day presided in the assembly, commanded the bishops of Perigord and Ratisbon, to make inquisition whether the pope, or any one duly authorised on his behalf were present in the council. These prelates accordingly made the requisite proclamation thrice from the steps of the altar, and as many times at the gates of the church. No one appearing to answer to this summons, a representation of this fact was made to the president; after which the archbishops of Tarento and Colossi, and the bishop of Magdalon, and Antonio di Santo Vito, auditor of the sacred palace, entered the assembly in quality of deputies of the pope. On inquiry, however, it was found, that they were not provided with the plenary powers demanded by the decrees of the council, in consequence of which a protestation was made against their acts. Being, however, permitted to speak, they exhorted the assembled