Historical Introductions to the Symbolical Books of the Evangelical Lutheran Church

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.

66. Elector's Strictures on Opinion of Theologians

Elector John Frederick was not at all satisfied with the Wittenberg opinion of August 6. Accordingly, he informed the theologians assembled August 30 at Luther's house, through Brueck, that they had permitted themselves to be unduly influenced by the jurists, had not framed their opinion with the diligence required by the importance of the matter, and had not weighed all the dangers lurking in an acceptance of the invitation to the council. If the Lutherans would be invited like the other estates, and attend, they must needs dread a repetition of the craftiness attempted at Augsburg, namely, of bringing their princes in opposition to their preachers. Furthermore, in that case it would also be considered self-evident that the Lutherans submit to the decision of the majority in all matters. And if they refused, what then? "On this wise we, for our part, would be lured into the net so far that we could not, with honor, give a respectable account of our action before the world. For thereupon to appeal from such decision of the council to another would by all the world be construed against our part as capriciousness pure and simple. At all events, therefore, the Lutherans could accept the papal invitation only with a public protest, from which the Pope and every one else could perceive in advance, before the council convened, that the Lutherans would not allow themselves to be lured into the net of a papal council, and what must be the character of the council to which they would assent." (C. R. 3, 147.)

In this Protest, which the Elector presented, and which Melanchthon translated into Latin, we read: "By the [possible] acceptance [of the invitation to the council] they [the Lutherans] assent to no council other than a general, free, pious, Christian, and impartial one; not to one either which would be subject to, and bound by, papal prejudices (as the one promised by Clement VII), but to such a synod as will endeavor to bring godly and Christian unity within the Church by choosing pious, learned, impartial, and unsuspected men for the purpose of investigating the religious controversies and adjudicating them from the Word of God, and not in accordance with usage and human traditions, nor on the basis of decisions rendered by former synods that militate against the Word of God." (152. 157.)

67. Counter-Council Disadvised

The other matters which engaged the Elector's attention dealt primarily with measures of defense, the convening of a counter-council (Gegenkonzil) and the preparation of articles which all would unanimously accept, and by which they proposed to stand to the uttermost. August 20 Brueck brought these points up for discussion. And in a "memorandum" which the Elector personally presented to the theologians at Wittenberg on December 1, 1536, he expressed his opinion as follows: The Lutherans were not obligated to attend the council, neither would it be advisable. One could not believe or trust the opponents. Nothing but trickery, deception, harm, and destruction might be expected. At the council the Lutheran doctrine would be condemned, and its confessors excommunicated and outlawed. To be sure, the Lutheran cause was in God's hands. And as in the past, so also in the future God would protect it. Still they must not on this account neglect anything. Luther should therefore draw up articles from which he was determined not to recede. After they had been subscribed by the Wittenbergers and by all Evangelical pastors at the prospective meeting [at Smalcald], the question might also be discussed whether the Lutherans should not arrange for a counter-council "a universal, free, Christian council," possibly at Augsburg. The proclamation for this council might be issued "by Doctor Luther together with his fellow-bishops and ecclesiastics, as the pastors." However, one might also consider whether this should not preferably be done by the princes and estates. In such an event, however, one had to see to it that the Emperor be properly informed, and that the entire blame be saddled upon the Pope and his adherents, the enemies and opponents of our side. (141)

The seriousness with which the Elector considered the idea of a counter-council appears from the details on which he entered in the "memorandum" referred to where he puts especial emphasis on the following points: At this free, universal council the Lutherans were minded "to set forth their doctrine and faith according to the divine, holy Scriptures." Every one, whether priest or layman, should be heard in case he wanted to present anything concerning this doctrine from the Holy Scriptures. A free, safe, Christian passport was to be given to all, even to the worst enemy, leaving it to his discretion when to come and go. Only matters founded in the Scriptures were to be presented and discussed at such council. Human laws, ordinances, and writings should under no circumstances be listened to in matters pertaining to faith and conscience, nor be admitted as evidence against the Word of God. "Whoever would submit such matters, should not be heard, but silence enjoined upon him." To the verdict of such a holy and Christian council the Lutherans would be willing to submit their doctrine. (141.)

The theologians answered in an opinion of December 6, 1536, endorsing the Protest referred to above, but disapproving the counter-council. Concerning the first point they advised that a writing be published and sent to the Emperor and all rulers in which the Lutherans were to "request that ways and means be considered of adopting a lawful procedure [at the council] promoting the true Christian unity of Christendom." Concerning the counter-council, however, they advised at all events not to hasten with it. For to convoke it would produce a great and terrible appearance of creating a schism, and of setting oneself against all the world and contemplating taking the field soon. Therefore such great, apparent resistance should not be undertaken till one intends to do something in the matter openly and in deed. Concerning the defense, the Wittenberg theologians were of the opinion that it was the right and duty of the princes to protect and defend their subjects against notorious injuries (if, for example, an attempt should be made to force upon them the Romish idolatry, or to rend asunder the marriages of their pastors), and also against the Emperor, even after the council had condemned them as heretics. Luther signed this opinion with the following words: "I, too, Martin Luther, will help with my prayers and, if necessary, also with my fist." (126.)

68. Articles Drafted by Luther

In the memorandum of December 1 the Elector spoke of the articles Luther was to frame as follows: Although, in the first place, it may easily be perceived that whatsoever our party may propose in such a [popish] council as has been announced will have no weight with the opposition, miserable, blinded, and mad men that they are, no matter how well it is founded on Holy Scripture moreover, everything will have to be Lutheran heresy, and their verdict, which probably has already been decided and agreed upon, must be adopted and immediately followed by their proposed ban and interdict [decree excommunicating and outlawing our party], it will, nevertheless, be very necessary for Doctor Martin to prepare his foundation and opinion from the Holy Scriptures, namely, the articles as hitherto taught, preached, and written by him, and which he is determined to adhere to and abide by at the council, as well as upon his departure from this world and before the judgment of Almighty God, and in which we cannot yield without becoming guilty of treason against God, even though property and life, peace or war, are at stake. Such articles however, as are not necessary, and in which for the sake of Christian love, yet without offense against God and His Word, something might be yielded (though, doubtless, they will be few in number), should in this connection also be indicated separately by said Doctor Martin. And when Doctor Martin has completed such work (which, if at all possible for the Doctor, must be done between the present date and that of the Conversion of St. Paul [January 25], at the latest), he shall thereupon present it to the other Wittenberg theologians, and likewise to some prominent preachers whose presence he should require to hear from them, at the same time admonishing them most earnestly, and asking them whether they agreed with him in these articles which he had drawn up, or not, and thereupon, as they hoped for their souls salvation their sentiment and opinion be learned in its entirety, but not in appearance, for the sake of peace, or because they did not like to oppose the Doctor, and for this reason would not fully open their hearts, and still, at a later time would teach, preach, write, and make public something else or advise the people against said articles, as some have in several instances done before this. An agreement having been reached, the articles were to be subscribed by all and prepared in German and Latin. At the prospective meeting [at Smalcald] they should be submitted to the religious confederates for discussion and subscription. Hence, in the invitation, every prince should be asked "to bring with him two or three theologians, in order that a unanimous agreement might be reached there, and no delay could be sought or pretended." (139.) Accordingly, the Elector planned to have Luther draw up articles which were to be accepted by all, first at Wittenberg and then at Smalcald, without compulsion and for no other reason than that they expressed their own inmost convictions. The situation had changed since 1530, and the Elector desired a clearer expression, especially on the Papacy. Hence he did not appoint Melanchthon, but Luther, to compose the articles. The truth was to be confessed without regard to anything else.

Luther had received the order to draw up these articles as early as August 20, 1536. September 3 Brueck wrote to the Elector on this matter: "I also delivered to Doctor Martin the credentials which Your Electoral Grace gave to me, and thereupon also spoke with him in accordance with the command of Your Electoral Grace. He promised to be obedient in every way. It also appears to me that he already has the work well in hand, to open his heart to Your Electoral Grace on religion, which is to be, as it were, his testament." (147.) Luther, who at the time thought that his end would come in the near future, had no doubt used such an expression himself. His articles were to be his testament. In the preface to the articles he touched upon it once more, saying: "I have determined to publish these articles in plain print, so that, should I die before there will be a council (as I fully expect and hope, because the knaves who flee the light and shun the day take such wretched pains to delay and hinder the council), those who live and remain after my demise may be able to produce my testimony and confession in addition to the Confession which I previously issued, whereby up to this time I have abided, and by God's grace will abide." (455.)

The Elector seems also to have enjoined silence on Luther with respect to the articles until they had been approved at Wittenberg. For in his letter to Spalatin, of December 15, 1536, Luther wrote: "But you will keep these matters [his journey to Wittenberg to discuss the articles] as secret as possible, and pretend other reasons for your departure. Sed haec secreta teneas quantum potes, et finge alias causas abeundi." (St. L. 21b, 2135.) December 11 the Elector again called attention to the articles, desiring that Amsdorf, Agricola, and other outside theologians be called to Wittenberg at his expense to take part in the discussion. Shortly after, Luther must have finished the articles. The numerous changes and improvements appearing in the original manuscript, which is still preserved in the Heidelberg library, show how much time and labor he spent on this work. Concluding his articles, Luther says: "These are the articles on which I must stand, and, God willing, shall stand even to my death; and I do not know how to change or to yield anything in them. If any one wishes to yield anything, let him do it at the peril of his conscience." (501, 3.)

Toward the close of the year Luther submitted the draft to his colleagues, Jonas, Bugenhagen, Cruciger, Melanchthon, and those who had come from abroad, Spalatin, Amsdorf, and Agricola. After thorough discussion it was adopted by all with but few changes, e. g. regarding the adoration of the saints, concerning which Luther had originally said nothing. (Kolde, 44.) Spalatin reports that all the articles were read, and successively considered and discussed. The Elector had spoken also of points in which a concession might be possible. In the discussion at Wittenberg, Spalatin mentioned as such the question whether the Evangelicals, in case the Pope would concede the cup to them, should cease preaching against the continuance of the one kind among the Papists; furthermore, what was to be done with respect to ordination and the adiaphora. Luther had not entered upon a discussion of these questions, chiefly, perhaps, because he was convinced that the council would condemn even the essential articles. (Compare Melanchthon's letter of August 4, 1530, to Campegius, C. R. 2, 246.) After the articles had been read and approved, Spalatin prepared a copy (now preserved in the archives at Weimar), which was signed by the eight theologians present, by Melanchthon, however, with the limitation that the Pope might be permitted to retain his authority "iure humano," "in case he would admit the Gospel." Perhaps Melanchthon, who probably would otherwise have dissimulated, felt constrained to add this stricture on account of the solemn demand of the Elector that no one should hide any dissent of his, with the intention of publishing it later. (C. R. 3, 140)

69. Articles Endorsed by Elector

With these first subscriptions, Luther sent his articles to the Elector on January 3, 1537, by the hand of Spalatin. In the accompanying letter of the same date he informed the Elector that he had asked Amsdorf, Eisleben [Agricola], and Spalatin to come to Wittenberg on December 28 or the following days. "I presented the articles which I had myself drawn up according to the command of Your Electoral Grace and talked them over with them for several days, owing to my weakness, which intervened (as I think, by the agency of Satan); for otherwise I had expected to deliberate upon them no longer than one day. And herewith I am sending them, as affirmed with their signatures, by our dear brother and good friend, Magister George Spalatin, to deliver them to Your Electoral Grace, as they all charged and asked me so to do. At the same time, since there are some who, by suspicion and words, insinuate that we parsons (Pfaffen), as they call us, by our stubbornness desire to jeopardize you princes and lords, together with your lands and people, etc., I very humbly ask, also in the name of all of us, that by all means Your Electoral Grace would reprimand us for this. For if it would prove dangerous for other humble people, to say nothing of Your Electoral Grace, together with other lords, lands, and people, we would much rather take it upon ourselves alone. Accordingly, Your Electoral Grace will know well how far and to what extent you will accept these articles, for we would have no one but ourselves burdened with them, leaving it to every one whether he will, or will not, burden also himself with them." (St. L. 21b, 2142.)

In his answer of January 7, 1537, the Elector expressed his thanks to Luther for having drawn up the articles "in such Christian, true, and pure fashion," and rejoiced over the unanimity of his theologians. At the same time he ordered Chancellor Brueck to take steps toward having the most prominent pastors of the country subscribe the articles, "so that these pastors and preachers, having affixed their names, must abide by these articles and not devise teachings of their own, according to their own opinion and liking, in case Almighty God would summon Doctor Martin from this world, which rests with His good will." (Kolde, 45.) In the letter which the Elector sent to Luther, we read: "We give thanks to Almighty God and to our Lord Christ for having granted you health and strength to prepare these articles in such Christian, true, and pure fashion; also that He has given you grace, so that you have agreed on them with the others in Christian, also brotherly and friendly unity… From them we also perceive that you have changed your mind in no point, but that you are steadfastly adhering to the Christian articles, as you have always taught, preached, and written, which are also built on the foundation, namely, our Lord Jesus Christ, against whom the gates of hell cannot prevail, and who shall also remain in spite of the Pope, the council, and its adherents. May Almighty God, through our Lord Christ, bestow His grace on us all, that with steadfast and true faith we abide by them, and suffer no human fear or opinion to turn us therefrom!.. After reading them over for the second time we can entertain no other opinion of them, but accept them as divine, Christian, and true, and accordingly shall also confess them and have them confessed freely and publicly before the council, before the whole world, and whatsoever may come, and we shall ask God that He would vouchsafe grace to our brother and to us, and also to our posterity, that steadfastly and without wavering we may abide and remain in them." (21b, 2143.)

70. Melanchthon's Qualified Subscription