The chief exponent of force was Cochlaeus. In his Expostulatio, which appeared at Augsburg in May, 1530, he argued that not only according to papal, but according to imperial law as well, which the Evangelicals also acknowledged, and according to the Scriptures, heretics might, aye, must be punished with death. The treatise concludes as follows: "Thus it is established that obdurate heretics may be executed by every form of law. We, however, much prefer to have them return to the Church, be converted, healed and live, and we beseech them to do so. Constat igitur, haereticos pertinaces omni iure interimi posse. Nos tamen longe magis optamus et precamur, ut redeuntes ad ecclesiam convertantur, sanentur et vivant." (Plitt, 1, 5.)
Naturally Eck, too, was prominent among those who counseled the employment of compulsory measures; indeed, he could not await the hour when the order would be given to proceed against the heretics with fire and sword. He lamented, in bitter terms, the fact that the Emperor had not made use of stern measures as soon as he arrived in Germany. For now, said he, procrastination and the conciliatory demeanor of the Evangelicals, especially of Melanchthon and Brueck, had made it impossible to rouse the Emperor to such a degree as the exigency of the case demanded. (Plitt, 63.) Luther wrote: "For that shameless gab and bloodthirsty sophist, Doctor Eck, one of their chief advisers, publicly declared in the presence of our people that if the Emperor had followed the resolution made at Bononia, and, immediately on entering Germany, had courageously attacked the Lutherans with the sword, and beheaded one after another, the matter would have been easily settled. But all this was prevented when he permitted the Elector of Saxony to speak and be heard through his chancellor." (St. L. 16, 1636.)
40. Emperor Employs Mildness.
While a number of the Catholic estates, incited by the theologians, were also in favor of immediately resorting to brutal force, the Emperor, for political reasons, considered it more advisable to employ kindness. Lauding the extreme affability and leniency of Charles, Melanchthon wrote to Luther, January 25: "The Emperor greets our Prince very kindly; and I would that our people, in turn, were more complaisant towards him. I would ask you to admonish our Junior Prince by letter in this matter. The Emperor's court has no one milder than himself. All others harbor a most cruel hatred against us. Caesar satis benigne salutat nostrum principem; ac velim vicissim nostros erga ipsum officiosiores esse. Ea de re utinam iuniorem principem nostrum litteris admonueris. Nihil ipso Caesare mitius habet ipsius aula. Reliquii omnes crudelissime nos oderunt." (C. R. 2, 125.)
The reading of the Augustana strengthened this friendly attitude of Charles. Both its content and its conciliatory tone, which was not at all in harmony with the picture of the Lutherans as sketched by Eck, caused him to be more kindly disposed toward Protestantism, and nourished his hope that religious peace might be attained by peaceable means. Other Catholic dignitaries and princes had been impressed in the same manner. July 6 Luther wrote to Hausmann: "Many bishops are inclined to peace and despise the sophists, Eck and Faber. One bishop [Stadion of Augsburg] is said to have declared in a private conversation, 'This [the Confession of the Lutherans] is the pure truth, we cannot deny it,' The Bishop of Mainz is being praised very much for his endeavors in the interest of peace. Likewise Duke Henry of Brunswick who extended a friendly invitation to Philip to dine with him, and admitted that he was not able to disprove the articles treating of both kinds, the marriage of priests, and the distinction of meats. Our men boast that, of the entire Diet, no one is milder than the Emperor himself. Such is the beginning. The Emperor treats our Elector not only graciously, but most respectfully. So Philip writes. It is remarkable how all are aglow with love and good will toward the Emperor. It may happen, if God so wills, that, as the first Emperor [Charles at Worms] was very hostile, so this last Emperor [Charles at Augsburg] will be very friendly. Only let us pray; for the power of prayer is clearly perceived." (St. L. 16, 882.) The Emperor's optimism was, no doubt, due to the fact that, unlike his theologians, he did not perceive and realize the impassable gulf fixed between Lutheranism and the Papacy, as appeared also from the Augustana, in which, however, the Emperor mistook moderation of tone for surrender of substance.
41. Augustana Submitted to Catholic Party.
Full of hope the Emperor, on June 26, immediately after its public presentation, submitted the Lutheran Confession to the Catholic estates for deliberation. These, too, though not in the least inclined to abandon their arrogant attitude, seem to have given themselves over to the delusion that the Lutherans could now be brought to recede from their position. Accordingly, their answer (Responsum) of June 27, couched in conciliatory language, recommended as "the humble opinion of the electors and estates that the Imperial Roman Majesty would submit this great and important matter to a number of highly learned, sensible, honest, conciliating, and not spiteful persons, to deliberate on, and to consider, the writing [the Augustana], as far as necessary, enumerating, on the one hand, whatsoever therein was found to be in conformity and harmony with the Gospel, God's Word, and the holy Christian Church, but, on the other hand, refuting with the true foundation of the Gospel and the Holy Scripture and its doctrine, and bringing into true Christian understanding, such matters as were found to be against, and out of harmony with, the Gospel, the Word of God, and the Christian Church." (Laemmer, 32.) They recommended, however, that in this entire matter Campegius be consulted, and for that purpose be furnished with a copy of the Lutheran Confession.
The Romanists furthermore resolved that the Lutherans be asked whether they had any additional points to present, and, if so, to do this immediately. The Lutherans, considering this a snare, declared, on July 10, that in their Confession they had made it a special point to present the chief articles which it is necessary to believe in order to be saved, but had not enumerated all abuses, desiring to emphasize such only as burdened the consciences, lest the paramount questions be obscured; that they would let this [all that was enumerated in their Confession] suffice, and have included other points of doctrine and abuses which were not mentioned, that they would not fail to give an answer from the Word of God in case their opponents should attack the Confession or present anything new. (Foerstemann, 2, 16. C. R. 2, 181.) No doubt, the Papists felt that the Lutherans really should have testified directly also against the Papacy, etc. This, too, was the interpretation which Luther put on the inquiry of the Romanists. July 21, 1530, he wrote to Jonas: But now I see what the questions aimed at whether you had other articles to present. For Satan still lives and has noticed very well that your Apology [Augustana] steps softly and has passed by the articles concerning purgatory, the adoration of the saints, and especially Antichrist, the Pope. (St. L. 16, 2323, Enders, 8, 133.)
July 5 the Emperor accepted the opinion of the estates and appointed the confutators. At the same time he declared with reference to the Lutherans that he was the judge of the content of their writing (Augustana); that, in case they should not be satisfied with his verdict, the final decision must remain with the Council, but that meanwhile the Edict of Worms would be enforced everywhere. (Laemmer, 34; C. R. 2, 175.) Thus the Emperor, in unmistakable terms, indicated that the Roman Confutation would bring his own final verdict, which no further discussions could modify, and that he would compel the Lutherans by force to observe the Edict of Worms if they refused to submit willingly. The Catholic estates endorsed the Emperor's declaration, but added the petition that, after the Confutation had been read, the Lutherans be asked in all kindness to return and that, in case this remained fruitless, an attempt be made to bring about an agreement to be reached by a committee appointed by both parties. Evidently, the estates as well as the Emperor expected the Lutherans to yield and surrender. Still, for the present, they were willing and preferred to attain this end by mild and gentle means.
42. Rabid Theologians Appointed as Confutators.