Francesco Zabarella

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Francesco Cardinal Zabarella was a celebrated canonist, born in Padua on 10 August 1360 – died in Konstanz on 26 September 1417.

He studied jurisprudence at Bologna, Italy (1378-83) chiefly under the famous lawyer Giovanni di Lignano, and at Florence, where he graduated in 1385. He taught Canon law at Florence (1385-90) and at Padua (1390-1410). Having taken minor orders in 1385, he became vicar of bishop Acciajuoli of Florence and pastor at the Church of Santa Maria in Pruncta near Florence. After the resignation of bishop Acciaiuoli in 1386, Zabarella was disgned his successor, but he effectively took the role 20 years later only in 1410 for just one year. In 1398 he was made archpriest of the cathedral at Padua. The Paduan Government repeatedly employed him on diplomatic missions, and towards the end of 1404, he was one of two ambassadors sent to King Charles VI of France to obtain the latter's assistance against Venice, which was preparing to annex Padua. When Padua had become part of the Venetian Republic in 1406, Zabarella became a loyal supporter of Venice. In 1409 he took part in the Council of Pisa as councillor of the Venetian legate. On 18 July 1410, John XXIII appointed him bishop of Florence and papal referendary, and on 6 June 1411, he made him the Cardinal Deacon of the Titular church of Santi Cosma e Damiano.

Though he never received major orders, he was one of the most active and influential cardinals of John XXIII, whose interests he supported at the Council of Rome (1412-13). When this council failed to end the lamentable schism, John XXIII sent the cardinals Zabarella and De Challant as legates to King Sigismund at Como in October, 1413, with full powers to come to an understanding with the latter concerning the place and time for holding a new council. It was arranged to open the new council at Konstanz, 1 November 1414, where Zabarella was one of the chief supporters of John XXIII. When the latter fled from Konstanz 20 March 1415, in order to thwart the election of a new pope, Zabarella remained as his representative. It was chiefly through his influence that John XXIII finally resigned the papacy unconditionally in April, 1415. Nevertheless the Council of Constance continued its proceedings against John, and commissioned Zabarella with four other cardinals to inform him of his suspension, and, later, of his formal deposition by the council. In the proceedings against the Avignonese Pope Benedict XIII, Zabarella proposed, at the session held 28 November 1416, that Benedict be cited before the council. He also took part in the proceedings of the council against Huss, Jerome of Prague, and Jean Petit. His attempts to induce the two former to signed a softened form of retraction proved useless. From April till the end of July he sought to regain health and strength at a neighbouring watering place. On 28 July he was again at Constance, and up to the time of his death exerted all his influence to hasten the election of a new pope. He is buried in the cathedral at Padua.

His most important literary production is an ecclesiastic-political treatise, "De schismate" (Strasburg, 1515). It consists of independent portions, written at different intervals (1403-05-06-08), and contains various suggestions for ending the schism. His chief writings in canon law are (with examples of editions):

"Lectura super Clementinis" (Naples, 1471)
"Commentarius in libros Decretalium" (Venice, 1502)
"Consilia" (Venice, 1581).

He also wrote "De felicitate libri III" (Padua, 1655); "De arte metrica"; "De natura rerum diversarum"; "De corpore Christi", and a few small juridical treatises. A large number of his letters are in the Österreichische Nationalbibliothek of Vienna, Cod. Lat. 5513. Sometimes canonists referred to Zabarella with the nickname Cardinalis.