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