Then followed the public sessions (third to fifth) of 26 and 30 March and 5 April out of which came the famous decrees ‘Articles of Constance’, long a chief argument of Gallicanism. As finally adopted in the fifth session they were five in number and declared that the council, legitimately called in the Holy Spirit, is a general council, represents the whole Church Militant, has its authority directly from God; and that in all that pertains to faith, the extinction of the schism and reformation in head and members, every Christian, even the pope, is bound to obey it; that in case of refusal to obey the council all recalcitrant Christians (even the pope) are subject to ecclesiastical punishment and in case of necessity to other (civil) sanctions; that without the consent of the council Pope John cannot call away from Constance the Roman Curia and its officials, whose absence might compel the closing of the council or hinder its work; that all censures inflicted since his departure by the pope on members and supporters of the council are void, and that Pope John and the members of the council have hitherto enjoyed full liberty. In the meantime (29 March, 1415) the English, German, and French nations had agreed to four articles, in the first two of which was expressed the complete supremacy of the council over the pope; these two were incorporated in the aforesaid articles of the fifth session. It has been maintained that these decrees were meant only for the extraordinary situation which then faced the council; they express, nevertheless, the well-known persuasion of the majority of the peculiar ecclesiastical representation at Constance that the council, independently of the pope, was the final depository of supreme ecclesiastical authority; indeed, by virtue of these decrees they proceeded at once to judge and depose John XXIII, hitherto for them the legitimate pope. It is to be noted that of the twelve cardinals present at Constance only seven or eight assisted at the fifth session, and they solely to avoid scandal (among the absent was d’Ailly). Nor would any cardinal announce these decrees; that office fell to a bishop, Andrew of Posen. The emperor was present at their promulgation, also 200 members, mostly doctors, etc. These decrees it must be remembered, though adopted at Basle and often quoted by the disciples of Gallicanism and other opponents of papal supremacy, were formulated and accepted at Constance amid quite unusual circumstances, in much haste, and in quasi despair at the threatened failure of the long-desired general council; they ran counter to the immemorial praxis of the Church, and substituted for its Divine constitution the will of the multitude or at best a kind of theological parliamentarism. They were never approved by the Apostolic See (Funk, Kirchengeschichtliche Studien, Paderborn, 1897, I, 489-98) and were almost at once implicitly rejected by Martin V (Mansi, Coll. Conc., XXVIII, 200).