Historical Introductions to the Symbolical Books of the Evangelical Lutheran Church

by F. Bente

From a popish council Luther expected nothing but condemnation of the truth and its confessors. At the same time he was convinced that the Pope would never permit a truly free, Christian council to assemble. He had found him out and knew "that the Pope would see all Christendom perish and all souls damned rather than suffer either himself or his adherents to be reformed even a little, and his tyranny to be limited." (455) "For with them conscience is nothing, but money, honors, power, are everything." (455. 477.) The Second Part of his Articles Luther concludes as follows: "In these four articles they will have enough to condemn in the council. For they cannot and will not concede to us even the least point in one of these articles. Of this we should be certain, and animate ourselves with the hope that Christ, our Lord, has attacked His adversary, and He will press the attack home both by His Spirit and coming. Amen. For in the council we will stand not before the Emperor or the political magistrate, as at Augsburg (where the Emperor published a most gracious edict, and caused matters to be heard kindly), but before the Pope and devil himself, who intends to listen to nothing, but merely to condemn, to murder, and to force us to idolatry. Therefore we ought not here to kiss his feet or to say, 'Thou art my gracious lord,' but as the angel in Zechariah 3, 2 said to Satan, The Lord rebuke thee, O Satan." (475.) Hence his Preface also concludes with the plaint and prayer: "O Lord Jesus Christ, do Thou Thyself convoke a council, and deliver Thy servants by Thy glorious advent! The Pope and his adherents are done for, they will have none of Thee. Do Thou, then, help us, who are poor and needy, who sigh to Thee, and beseech Thee earnestly, according to the grace which Thou hast given us, through Thy Holy Ghost, who liveth and reigneth with Thee and the Father, blessed forever. Amen." (459.)

63. Elector Opposed to Hearing Papal Legate.

From the very beginning, Elector John Frederick was opposed to a council. And the question which particularly engaged his attention was, whether the Lutherans should receive and hear the papal legate who would deliver the invitation. Accordingly, on July 24, the Elector came to Wittenberg and through Brueck delivered four (five) articles to the local theologians and jurists for consideration with instructions to submit their answer in writing. (C. R. 3, 119.) August 1, Melanchthon wrote to Jonas: "Recently the Prince was here and demanded an opinion from all theologians and jurists…. It is rumored that a cardinal-legate will come to Germany to announce the council. The Prince is therefore inquiring what to answer, and under what condition the synod might be permitted." (106.) The articles which Brueck presented dealt mainly with the questions: whether, in view of the fact that the Pope is a party to the issue and his authority to convene a council is questioned, the legate should be heard, especially if the Emperor did not send a messenger along with him, whether one would not already submit himself to the Pope by hearing the legate; whether one ought not to protest, because the Pope alone had summoned the council; and what should be done in case the legate would summon the Elector as a party, and not for consultation, like the other estates. (119f.)

In the preparation of their answer, the Elector desired the Wittenberg scholars to take into careful consideration also his own view of the matter, which he persistently defended as the only correct one. For this purpose he transmitted to them an opinion of his own on Brueck's articles referred to in the preceding paragraph. In it he maintained that the papal invitation must be declined, because acceptance involved the recognition of the Pope "as the head of the Church and of the council." According to the Elector the proper course for the Lutheran confederates would be to inform the legate, immediately on his arrival in Germany, that they would never submit to the authority which the Pope had arrogated to himself in his proclamation, since the power he assumed was neither more nor less than abominable tyranny; that they could not consider the Pope as differing from, or give him greater honor than, any other ordinary bishop; that, besides, they must regard the Pope as their greatest enemy and opponent; that he had arranged for the council with the sinister object of maintaining his antichristian power and suppressing the holy Gospel, that there was no need of hearing the legate any further, since the Pope, who was sufficiently informed as to their teaching, cared neither for Scripture nor for law and justice, and merely wished to be their judge and lord; that, in public print, they would unmask the roguery of the Pope, and show that he had no authority whatever to convoke a council, but, at the same time, declare their willingness to take part in, and submit their doctrine to, a free, common, Christian, and impartial council, which would judge according to the Scriptures. Nor did the Elector fail to stress the point that, by attending at Mantua, the Lutherans would de facto waive their former demand that the council must be held on German soil. (99ff.)

64. Elector Imbued with Luther's Spirit.

Evidently, the Elector had no desire of engaging once more in diplomatic jugglery, such as had been indulged in at Augsburg. And at Smalcald, despite the opposing advice of the theologians, his views prevailed, to the sorrow of Melanchthon, as appears from the latter's complaint to Camerarius, March 1, 1637. (C. R. 3, 293.) The Elector was thoroughly imbued with the spirit of Luther, who never felt more antagonistic toward Rome than at Smalcald, although, as shown above, he was personally willing to appear at the council, even if held at Mantua. This spirit of bold defiance appears from the articles which Luther wrote for the convention, notably from the article on the Papacy and on the Mass. In the latter he declares: "As Campegius said at Augsburg that he would be torn to pieces before he would relinquish the Mass, so, by the help of God, I, too, would suffer myself to be reduced to ashes before I would allow a hireling of the Mass, be he good or bad, to be made equal to Christ Jesus, my Lord and Savior, or to be exalted above Him. Thus we are and remain eternally separated and opposed to one another. They feel well enough that when the Mass falls, the Papacy lies in ruins. Before they will permit this to occur, they will put us all to death if they can." (465.) In the Pope, Luther had recognized the Antichrist; and the idea of treating, seeking an agreement, and making a compromise with the enemy of his Savior, was intolerable to him. At Smalcald, while suffering excruciating pain, he declared, "I shall die as the enemy of all enemies of my Lord Christ." When seated in the wagon, and ready to leave Smalcald, he made the sign of the cross over those who stood about him and said: "May the Lord fill you with His blessing and with hatred against the Pope!" Believing that his end was not far removed, he had chosen as his epitaph: "Living, I was thy pest; dying, I shall be thy death, O Pope! Pestis eram vivus, moriens ero mors tua, Papa!"

The same spirit of bold defiance and determination not to compromise the divine truth in any way animated the Elector and practically all of the princes and theologians at Smalcald, with, perhaps, the sole exception of Melanchthon. Koestlin writes: "Meanwhile the allies at Smalcald displayed no lack of 'hatred against the Pope.' His letters, delivered by the legate, were returned unopened. They decidedly refused to take part in the council, and that in spite of the opinion of their theologians, whose reasons Melanchthon again ardently defended. For, as they declared in an explanation to all Christian rulers, they could not submit to a council which, according to the papal proclamation, was convoked to eradicate the Lutheran heresy, would consist only of bishops, who were bound to the Pope by an oath, have as its presiding officer the Pope, who himself was a party to the matter, and would not decide freely according to the Word of God, but according to human and papal decrees. And from the legal standpoint they could hardly act differently. Theologians like Luther could have appeared even before such a council in order to give bold testimony before it. Princes, however, the representatives of the law and protectors of the Church, dared not even create the appearance of acknowledging its legality." (2, 402.)

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.