65. Opinion of Theologians.

August 6 the Wittenberg professors assembled to deliberate on Brueck's

articles and the views of the Elector. The opinion resolved upon was

drawn up by Melanchthon. Its contents may be summarized as follows: The

Lutherans must not reject the papal invitation before hearing whether

the legate comes with a citation or an invitation. In case they were

invited like the rest of the princes to take part in the deliberations,

and not cited as a party, this would mean a concession on the part of

the Pope, inasmuch as he thereby consented "that the opinion of our

gracious Lord [the Elector] should be heard and have weight, like that

of the other estates." Furthermore, by such invitation the Pope would

indicate that he did not consider these princes to be heretics. If the

legate were rebuffed the Romanists would proceed against the Lutherans

as obstinate sinners (_contumaces_) and condemn them unheard, which, as

is well known, would please the enemies best. The Lutherans would then

also be slandered before the Emperor as despisers of His Majesty and of

the council. Nor did the mere hearing of the legate involve an

acknowledgment of the papal authority. "For with such invitation [to

attend the council] the Pope does not issue a command, nor summon any

one to appear before his tribunal, but before another judge, namely, the

Council, the Pope being in this matter merely the commander of the other

estates. By hearing the legate, therefore, one has not submitted to the

Pope or to his judgments.... For although the Pope has not the authority

to summon others by divine law, nevertheless the ancient councils, as,

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.)

In their subsequent judgments the theologians adhered to the view that

the Protestants ought not to incur the reproach of having prevented the

council by turning down the legate. Luther says, in an opinion written

at Smalcald, February, 1537: "I have no doubt that the Pope and his

adherents are afraid and would like to see the council prevented, but in

such a manner as would enable them to boast with a semblance of truth

that it was not their fault, since they had proclaimed it, sent

messengers, called the estates, etc., as they, indeed, would brag and

trump it up. Hence, in order that we might be frightened and back out,

they have set before us a horrible devil's head by proclaiming a

council, in which they mention nothing about church matters, nothing

about a hearing, nothing about other matters, but solely speak of the

extirpation and eradication of the poisonous Lutheran heresy, as they

themselves indicate in the bull _De Reformatione Curiae_ [of September

23, 1536, St. L. 16 1913ff.]. Here we have not only our sentence which

is to be passed upon us in the council but the appeal also with hearing,

answer, and discussion of all matters is denied us, and all pious,

honorable men who might possibly have been chosen as mediators are also

excluded. Moreover, these knaves of the devil are bent on doing their

pleasure, not only in condemning (for according to the said bull

launched against us they want to be certain of that) but also in

speedily beginning and ordering execution and eradication, although we

have not yet been heard (as all laws require) nor have they, the

cardinals, ever read our writing or learned its doctrine, since our

books are proscribed everywhere, but have heard only the false writers

and the lying mouths, having not heard us make a reply, although in

Germany both princes and bishops know, also those of their party, that

they are lying books and rascals, whom the Pope, Italy, and other

nations believe.... Hence they would like to frighten us into refusing

it [the Council] for then they could safely say that we had prevented

it. Thus the shame would not only cleave to us, but we would have to

hear that, by our refusal, we had helped to strengthen such abominations

of the Pope, which otherwise might have been righted." Such and similar

reasons prompted Luther to declare that, even though he knew "it would

finally end in a scuffle," he was not afraid of "the lousy, contemptible

council," and would neither give the legate a negative answer, nor

"entangle himself," and therefore not be hasty in the matter. (St. L.

16, 1997.) Even after the princes at Smalcald had resolved not to attend

the council, Luther expressed the opinion that it had been false wisdom

to decline it; the Pope should have been left without excuse; in case it

should convene, the council would now be conducted without the

Protestants.

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