Luther, vol. 3 of 6

by Hartmann Grisar

He was at first unwilling to declare his views at Torgau. Not to contradict what he had previously said, he protested that the question did not concern him, since, as a theologian, his business was to teach Christ only. As regards secular matters, he could only counsel compliance with the law and, on the matter of forcible resistance to the Emperor, that any action taken should be conformable to the “written laws.” “But what these laws were he neither knew nor cared.”[143]

The assembled lawyers were, however, loath to leave Torgau without having reached an understanding, and submitted another statement to Luther and his colleagues, requesting their opinion on it. In this document they had sought to prove, from sources almost exclusively canonical, that it was lawful to resist the Emperor by force, because “he proceeds and acts contrary to law,” not being a judge in matters of religion, and that, even if he were such a judge, he had no right to do anything on account of the appeal to a Council. They urged that it was necessary to “obey God and evangelical truth rather than men,” and that the Emperor was “no more than a private individual so far as the ‘cognition’ and ‘statution’ of this matter went ... nor does the ‘execution’ come within his province.” For the sake of the salvation of souls the Emperor was not to be regarded as “judge in the matter of our faith,” for his “injustice is undeniable, manifest, patent and notorious, yea, more than notorious.”[144]

The councillors chose to deal with the matter chiefly from the point of view of canon law, as is shown by their misquotations from such well-known canonists as Panormitanus, Innocent IV., Felinus, Baldus de Ubaldis and the Archidiaconus (Baisius).[145] In spite of this they calmly assumed the truth of the proposition, condemned in canon law, of the subordination of Pope to Council and of the right of appealing from Pope to Council. They took it for granted that Luther’s doctrines had not yet been finally rejected by the Church, and, in contradiction with actual fact, declared that the Augsburg Reichstagsabschied “admitted and allowed” that Luther’s doctrines, seeing that they were supposed to have been condemned by previous Councils, should come up for discussion at the next. As a matter of fact the Reichstagsabschied contained nothing of the sort “concerning doctrines of faith.”[146]

This document was submitted to the theologians before they left Torgau, and their embarrassment was reflected in their written reply. Luther agreed with his friends that the only way out of the difficulty was to put the whole thing on the shoulders of the lawyers. He and his party declared that they stood altogether outside the question, since the councillors had already decided independently of them in favour of armed resistance, on the ground of the secular, Imperial laws. As for the reasons alleged from canon law, he refused to take them into consideration. Later on he was glad to be able to appeal to this subterfuge, and declared that he “had given no counsel.”[147]

At this time, however, Luther, Melanchthon and Jonas put their signatures to a memorandum in which they sought to protect themselves by certain assurances which make a painful impression on the reader.

It was true that hitherto they had taught, so they say, “that the [secular] authorities must on no account be resisted,” but, they had been unaware “that the authorities’ own laws, which we have always taught must be diligently obeyed, sanctioned this.” They had also taught, “that the secular laws must be allowed to take their own course, because the Gospel teaches nothing against the worldly law.” “Accordingly, now that the doctors and experts in the law have proved that our present case is such that it is lawful to resist the authorities, we, for our part, ‘cannot disprove this from Scripture, when self-defence is called for, even though it should be against the Emperor himself.’” They then come to the question of arming. This they declare to be distinctly practical and advisable, especially as “any day other causes may arise where it would be essential to be ready to defend oneself, not merely from worldly motives, but from duty and constraint of conscience.” It was necessary “to be ready to encounter a power which might suddenly arise.”[148]

The Landgrave of Hesse was then making great preparations for war, with an eye on Würtemberg, where, as he admitted publicly, he wished forcibly to re-instate Duke Ulrich, a friend to the religious innovations.

The theologians of the Margraviate of Brandenburg, unlike those of Wittenberg, were opposed to resistance. They replied then, or somewhat later, concerning the views put forward by the lawyers, that it was a question of the supreme secular Majesty, not of a judge who was subservient to a higher secular sword, hence that the lawyers’ suppositions could not stand.[149] Little heed was however paid to their objection. On the other hand the proposal made by the legal consulters, that further representations should be made to the Emperor regarding the execution of the Reichstagsabschied, was described by the theologians as “not expedient,” though it might be further discussed at the Nuremberg Conference on November 11 (Martinmas).[150]

Instead, it was for November 13 that a summons, dispatched by Saxony on October 31, invited a conference to meet at Nuremberg to discuss the matter, and take the steps which eventually led to the formation of the defensive League of Schmalkalden. At first it was proposed, that, after the Nuremberg conference, another should be held at Schmalkalden on November 28, though as a matter of fact the only meeting held commenced at Schmalkalden on December 22.

Only now did it become apparent that Luther and his theologians had, at least in the opinion of the Saxon politicians, expressed themselves privately much more openly in favour of resistance than would appear from the above memorandum. The envoys from the Saxon Electorate appealed with great emphasis to the opinion of the Wittenberg divines, in order to show the lawfulness of the plan of armed resistance and the expediency of the proposed League. Armed with this authority they openly “defied our ministers,” wrote Lazarus Spengler of Nuremberg, to Veit Dietrich on February 20, 1531. Spengler, like the Nuremberg Councillors and those of Brandenburg, was opposed to resistance and to the League. He was surprised that “Dr. Martin should so contradict himself.”[151] The fact is that he was the only person to whom Luther’s previous memorandum of March, 1530, had been communicated.[152]