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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

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