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.