Campegius, to whom the entire matter was entrusted, manipulated things in such a manner that the result was the very opposite of what the Emperor and estates had resolved upon. To be sure he made it appear as though he were entirely neutral leaving everything to the discretion of the German princes. He knew also how to hide his real sentiments from the Lutherans. Jonas, for example reports that in his address of June 24 Campegius had said nothing harsh or hateful (nihil acerbe, nihil odiose) against the Lutherans. Spalatin reports: "Some one besought the Legate and Cardinal Campegius to assist in obtaining peace for the cause of the Gospel. To this he responded: Since the papal power was suspicious to us the matter rested with the Emperor and the German princes. Whatever they did would stand." (Koellner, Symbolik, 403.) Thus Campegius created the impression of absolute neutrality while in reality he was at the same time busy with secret intrigues against the Lutherans.
Among the Confutators (Brueck mentions 19, Spalatin 20, others 22, still others 24), selected by Campegius and appointed by the Emperor, were such rabid abusive and inveterate enemies of Luther as Eck, Faber, Cochlaeus, Wimpina, Colli (author of a slanderous tract against Luther's marriage), Dietenberger etc. The first three are repeatedly designated as the true authors of the Confutation. In his Replica ad Bucerum, Eck boasts: "Of all the theologians at Augsburg I was chosen unanimously to prepare the answer to the Saxon Confession, and I obeyed. Augustae ab omnibus theologis fui delectus unanimiter, qui responsum pararem contra confessionem Saxonicam, et parui." (Koellner, 407.) July 10 Brenz wrote to Myconius: "Their leader (antesignanus) is that good man Eck. The rest are 23 in number. One might call them an Iliad [Homer's Iliad consists of 24 books] of sophists." (C. R. 2, 180.) Melanchthon, too, repeatedly designates Eck and Faber as the authors of the Confutation. July 14 he wrote to Luther: "With his legerdemain (commanipulatione) Eck presented to the Emperor the Confutation of our Confession." (193.) August 6: "This Confutation is the most nonsensical of all the nonsensical books of Faber." (253.) August 8, to Myconius: "Eck and Faber have worked for six entire weeks in producing the Confutation of our Confession." (260.) Hence also such allusions in Melanchthon's letters as "confutatio Fabrilis," "Fabriliter scripta," and in the Apology: "Nullus Faber Fabrilius cogitare quidquam posset, quam hae ineptiae excogitatae sunt ad eludendum ius naturae." (366, 10.) Brueck was right when he said that some of the Confutators were "purely partial, and altogether suspicious characters." (Koellner, 411.)
43. Confutation Prepared.
The resolution which the Catholic estates passed June 27 was to the effect that the imperial answer to the Lutheran Confession be made "by sober and not spiteful men of learning." The Emperor's Prolog to the Confutation, accordingly, designated the confutators as "certain learned, valiant, sensible, sober, and honorable men of many nations." (C. R. 27, 189.) At the same time they were told to couch their answer in winning, convincing, moderate, and earnest terms. The imperial instruction read: "To this end it is indeed good and needful that said document [the Augustana] be carefully considered and diligently studied by learned, wise, and sober persons, in order that they [the Lutherans] be shown in all kindness (durch gute Wege) where they err, and be admonished to return to the good way, likewise, to grant them whatsoever may be serviceable and adapted to our holy Christian faith; and to set forth the errors, moderately and politely, with such good and holy arguments as the matter calls for, to defend and prove everything with suitable evangelical declarations and admonitions, proceeding from Christian and neighborly love; and at the same time to mingle therewith earnestness and severity with such moderation as may be likely to win the five electors and princes, and not to destroy their hope or to harden them still more." (Koellner, 403)
However, inspired by Campegius and goaded on by blind hatred, the Confutators employed their commission for the purpose of casting suspicion on the Lutherans and inciting the Emperor against them. They disregarded the imperial admonition for moderation, and instead of an objective answer to the Augustana, they produced a long-winded pasquinade against Luther and the Evangelical preachers, a fit companion piece to the 404 theses of Eck—a general accusation against the Protestants, a slanderous anthology of garbled quotations from Luther, Melanchthon, and other Evangelical preachers. The insinuation lurking in the document everywhere was that the Confession of the Lutheran princes was in glaring contradiction to the real doctrine of their pastors. The sinister scheme of the Romanists, as the Elector in 1536 reminded the Lutheran theologians, was to bring the princes in opposition to their preachers. (C. R. 3, 148.) The mildness and moderation of the Augustana, they openly declared, was nothing but subtle cunning of the smooth and wily Melanchthon, who sought to hide the true state of affairs. In a book which Cochlaeus published against the Apology in 1534 he said that the open attacks of Luther were far more tolerable than the serpentine cunning and hypocrisy of Melanchthon (instar draconis insidiantis fraudes intendens), as manifested in particular by his demeanor toward Campegius at Augsburg in 1530. (Laemmer, 56; Salig, 1, 376.) Thus the Roman Confutators disregarded their commission to refute the Augustana, and substituted a caricature of Luther and his doctrines designed to irritate the Emperor.
44. A Bulky, Scurrilous Document.
The Confutation, compiled by Eck and Faber from various contributions of the Confutators, was ready by the 8th of July, and was presented to the Emperor on the 12th or 13th. The German translation was prepared by the Bavarian Chancellor, Leonhard von Eck. July 10 Brenz had written: "It is reported that they are preparing wagonloads of commentaries against our Confession." (C. R. 2, 180.) Spalatin reports that the Confutators delivered to the Emperor "a pile of books against Doctor Martin with most scurrilous titles." The chief document was entitled: "Catholic and, as it were, Extemporaneous Response concerning Certain Articles Presented in These Days at the Diet to the Imperial Majesty by the Illustrious Elector of Saxony and Certain Other Princes as well as Two Cities. Catholica et quasi extemporanea Responsio super nonnullis articulis Caesareae Maiestati hisce diebus in dieta imperiali Augustensi per Illustrem Electorem Saxoniae et alios quosdam Principes et duas Civitates oblatis." It was supplemented by nine other treatises on all manner of alleged contradictions and heresies of Luther and Anabaptistic as well as other fruits of his teaching. (Laemmer, 37, C. R. 2, 197.) The pasquinade with its supplements comprised no less than 351 folios, 280 of which were devoted to the answer proper. Cochlaeus also designates it as "very severe and extended, acrior extensiorque." July 14 Melanchthon reported he had heard from friends that the Confutation was "long and filled with scurrilities." (193. 218.) July 15: "I am sending you [Luther] a list of the treatises which our opponents have presented to the Emperor, from which you will see that the Confutation is supplemented by antilogs and other treatises in order to stir up against us the most gentle heart of the Emperor. Such are the stratagems these slanderers (sycophantae) devise." (197.)
The effect of the Confutation on the Emperor, however, was not at all what its authors desired and anticipated. Disgusted with the miserable bulky botch, the Emperor convened the estates on July 15, and they resolved to return the bungling document to the theologians for revision. Tone, method, plan, everything displeased the Emperor and estates to such an extent that they expunged almost one-third of it. Intentionally they ignored the nine supplements and demanded that reflections on Luther be eliminated from the document entirely; moreover, that the theologians confine themselves to a refutation of the Augustana. (Laemmer, 39.) Cochlaeus writes: "Since the Catholic princes all desired peace and concord, they deemed it necessary to answer in a milder tone, and to omit all reference to what the [Lutheran] preachers had formerly taught and written otherwise than their Confession stated." (Koellner, 406.) In a letter to Brueck he declared that such coarse extracts and articles [with which the first draft of the Confutation charged Luther] should not be mentioned in the reply to the Confession, lest any one be put to shame or defamed publicly. (Laemmer, 39.)
In his Annals, Spalatin reports: "At first there were perhaps 280 folios. But His Imperial Majesty is said to have weeded out many folios and condensed the Confutation to such an extent that not more than twelve folios remained. This is said to have hurt and angered Eck severely." (St. L. 21a, 1539.) In a letter to Veit Dietrich, dated July 30, Melanchthon remarks sarcastically: "Recently Eck complained to one of his friends that the Emperor had deleted almost the third part of his treatise, and I suspect that the chief ornaments of the book were rooted out, that is, the glaring lies and the most stupid tricks, insignia mendacia et sycophantiae stolidissimae." (C. R. 2, 241.) Brenz regarded this as an evidence of the extent to which the Augustana had perturbed the opponents, leaving them utterly helpless. July 15 he wrote to Isemann: "Meanwhile nothing new has taken place in our midst, except that I heard that the confession of the sophists was to-day returned by the Emperor to its authors, the sophists, and this for the reason that it was so confused, jumbled, vehement, bloodthirsty, and cruel (confusa, incordita, violenta, sanguinolenta et crudelis) that he was ashamed to have it read before the Imperial Senate…. We experience daily that we have so bewildered, stunned, and confused them that they know not where to begin or to end." (198.) "Pussyfooting (Leisetreten)!"—such was the slogan at Augsburg; and in this Melanchthon was nowhere equaled. Privately also Cochlaeus elaborated a milder answer to the Lutheran Confession. But even the friends who had induced him to undertake this task considered his effort too harsh to be presented to the Emperor.
The first, rejected draft of the Confutation has been lost, with the sole exception of the second article, preserved by Cochlaeus. On the difference between this draft and the one finally adopted, Plitt comments as follows: "The Confutation as read simply adopted the first article of the Confession [Augustana] as in complete agreement with the Roman Church. The original draft also approved this article's appeal to the Council of Nicaea, but added that now the Emperor should admonish the confessing estates to accept everything else taught by the Catholic Church, even though it was not verbally contained in the Scriptures, as, for example, the Mass, Quadragesimal fasting, the invocation of the saints, etc.; for the wording of the doctrine of the Trinity could be found in the Scriptures just as little as that of the points mentioned, furthermore, that he also call upon them to acknowledge said Synod of Nicaea in all its parts, hence also to retain the hierarchical degrees with their powers; that he admonish them to compel their preachers and teachers to retract everything which they had said and written against that Synod, especially Luther and Melanchthon, its public defamers. Refusal of such retraction would invalidate their appeal to that Synod and prove it to be nothing but a means of deception. Finally they were to be admonished not to believe their teachers in anything which was against the declarations of the Church catholic. Such was the form in which the first draft of the Confutation was couched. Everywhere the tendency was apparent to magnify the differences, make invidious inferences, cast suspicion on their opponents, and place them in a bad light with the Emperor and the majority. This was not the case in the answer which was finally read." (37.)