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