THE HISTORY OF THE Reformation of the Church, BEGUN IN GERMANY BY Martin Luther, &c.
BOOK I.
The CONTENTS.
Martin Luther bravely withstands the Venal Indulgences, dispersed abroad by Leo X, Pope of Rome; not only in his Publick Sermons, but also in some Theses and Positions, which he offered to defend, and which he sent to the Archbishop of Mentz. The first that opposed them were Tetzel, Eckius, Silvester, Prierias and Hogostrat. In the mean time the Pope sends Cajetane Legat to the Emperour Maximilian. Luther is Cited to appear at Rome: By means of Frederick Elector of Saxony, he Answers Cajetane in the Diet of Ausburg. Cajetane by Menaces, and the Thunder of the Canons, endeavours to maintain the Papal Power and Tyranny. After the departure of Luther, Cajetane sollicites Duke Frederick by Letters, but in vain. By a new Bull, the Pope confirms and publishes the Indulgences in Germany. To draw in Duke Frederick, he presents him with a Golden Rose. The Emperour Maximilian, in the mean while dies. Many Heads at work about the Succession to the Empire. At length, Charles Archduke of Austria is chosen Emperour; the News whereof is brought to him in Spain. An account of the Bulla Aurea, the Golden Bull, and Laws of the Empire. Erasmus his Testimony of Luther. Whilest they were Disputing at Leipsick, Ulrick Zuinglius began to teach at Zurich, and manfully opposed one that preached up Indulgences.
POPE Leo X, 1517. a Florentine, of the Family of Medices, making use of that Power, which his Predecessors, the Popes of Rome, had Usurped, Pope Leo sends out Indulgences. and he himself thought he had, over all Christian Churches, sent abroad into all Kingdoms his Letters and Bulls, with ample Promises of the full Pardon of Sins, and of Eternal Salvation to such as would purchase the same with Money; and the Collectors, and those who were sent out, to Preach up the Value of this so great a Favour, not only defended their Doctrins in Books they published, particularly in Germany; but also setled publick Offices in all Provinces for the Receipt of the Money, that was raised this way, and by the Licences which [Page 2] they likewise sold, for eating Eggs, Milk, Cheese and Flesh, on Fasting Days. Now this Remission and Pardon of Sins, they named an Indulgence, a Word of their own coyning, which had been of a long time in use among them.
There lived at that time, Luther Preaches against Indulgences; in Wittemberg upon the Elbe, a City of Saxony, one Martin Luther, a Doctor of Divinity, and an Augustine Fryer; who being excited by the Sermons and Books of these Collectors, and perceiving that their Doctrin was believed, and past current among the People, began to advise Men to be Wise, and not to purchase such Commodities at so dear a Rate: Because what they laid out that way, might be far better employed. And this happened in the Year of our Lord one thousand five hundred and seventeen.
That he might, And writes about them to the Archbishop of Mentz. therefore, proceed in his Design with better Success, on the last of October, he wrote to Albert of Brandenburg Archbishop of Mentz, acquainting him with what they Taught; and Complaining that the People were so persuaded, as that having purchased these Indulgences by Money, they needed no more doubt of Salvation, as if no Crime could be committed which was not by that means Pardoned; and as if the Souls which were Tormented in the Fire of Purgatory, so soon as the Money was cast into the Box, were presently discharged of their Pains, and took their Flight streight up to Heaven. He tells him, That Christ commanded the Gospel to be Preached; and that it was the proper Office of Bishops, to instruct the People in the Right Way: Wherefore he puts him in Mind of his Duty, and prays him that he would use his Authority in suppressing those Books, and enjoyning the Preachers to teach better Doctrin, lest it might give Occasion to some more grievous Dissension, which would undoubtedly happen, if they were not restrained. The Reason why he wrote to him, was, Because he being also Bishop of Magdeburg, it belonged to him to take care of these things. Luther's Theses concerning Indulgences. With this Letter, he also sent the Theses, which for Disputation sake, he had lately published at Wittemberg, to the number of ninety five, wherein he fully handled the Doctrin of Purgatory, true Penance, and the Office of Charity, and censured the extravagant Preachings of the Collectors; but only for discovering the Truth, as has been said. For he invited all Men, not only to come to the Disputation, and object what they had to say; but begged also, That such as would not be present, might send their Opinions in Writing, protesting that he affirmed nothing positively, but referred all to the Judgment of the Holy Church; nevertheless, that he admitted not of the Doctrins of Thomas Aquinas, and such like Writers, unless they were found to agree with the Holy Scriptures, and the Decrees of the Ancient Fathers. The Archbishop of Mentz made no answer to these things; Tetzel the Dominican opposes Luther. but not long after, John Tetzel, a Dominican Frier, at Frankford upon the Oder, a Town within the Territories of Brandenburg, published some Positions, quite contrary to those of Luther, wherein he mightily extolled the Authority of the Pope, the Benefit of Indulgences, and that Wooden Cross, which then, by the Command of the Pope, was set up in all Churches, insomuch that he compared Leo X, to the Apostle St. Peter, and that Popish Cross, with the true Cross, whereon Christ suffered for us.
But when no Man of the contrary Part came to the Disputation proposed at Wittemberg, Luther published an Explication of his Positions, and that the Theses we mentioned, were read by many with great Applause, Luther wrote a very large Explication of them, and sent it, first to Jerome Bishop of Brandenburg, to whose Jurisdiction he belonged, and, then to John Stupitz Provincial of the Augustine Friers, 1518. praying him to have it transmitted to the Pope: Nay in the Month of June, he wrote to Pope Leo himself, informing him, And wrote to the Bishop of Brandenburg, to John Stupitz and Pope Leo. That these Collectors, relying upon, or abusing his Authority, taught very rashly, and behaved themselves covetously: That he made no doubt but heavy Accusations were brought against him; but that therein he was wronged, since he had been forced by the Sermons and idle Books of the Collectors, to publish some things, only for Disputation sake, which now he more fully explained; that therefore he prayed his Holiness, Not to give Credit to those Accusations, because Frederick Elector of Saxony, was so Religious a Prince, and of so great Prudence and Integrity, that if those things were true, which his Adversaries reported of him, he would not suffer his Province to be in such a manner Profaned; neither would the University of Wittemberg connive at it: That in short, he submitted all his Writings, nay his Life and Safety to his Authority and Disposal; that he would look upon what proceeded from his Holiness, as if it flowed from Christ, and were delivered by an Oracle; nor did he refuse to lay down his Life, if so it seemed good to him.
[Page 3] Besides others who oppugned his Theses, and the Explication annexed to the same, John Eckius, a Divine, wrote also against him; whom Luther answered, affirming, Eckius writes aganst Luther, and he answers; That he alledged nothing from Scripture, nor the Authority of the Fathers, but only some Dreams of his own, such as by bad Custom had now long prevailed in the Schools.
After Eckius, So also does Silvester Prierias: Silvester Prierias, a Dominican, Master of the Sacred Palace, as they call it, wrote against him also, and set out a Dialogue, with a Preface to Pope Leo, and that in a very Huffing and Confident Stile, boasting, That he would make a Tryal, if Luther were so Strong and Invincible, as that there was no Worsting, nor overcoming of him; and that if he answered that first Essay, he would then ply him with far Stronger and more Elaborate Arguments. He also addressed himself to Luther, telling him, That though he was now stricken in Years, and had not of a long Time entred into any such Lists, yet he would do all that was in his Power for the Roman Papacy, praying him withal, And lays down the Heads he is to insist upon. to return into the right Way. Before he enters into Disputation, he lays down some general Positions, as the Ground-work of his Opinion; as that the Pope of Rome, is head of the Universal Church, That the Church of Rome is the Chief of all others, and that in Matters relating to Faith and Religion, it cannot err, no more than a Council, where the Pope is present; That the Holy Scripture receives all its Force and Authority from the Church, and Pope of Rome, as from a most certain Rule; and that they who think otherwise, who follow not the Doctrins of the Church of Rome, or question its Authority, are without doubt, Hereticks. Having laid down this for a Ground, he comes to debate the Matter.
To this Writing Luther afterwards made Answer, Luthers Answer to Silvester Prierias. and in his Preface to Silvester, told him, That he admired, more than understood, his Positions; and then following his Example, in his own Defence, laid down some Positions also, but such as were drawn from Holy Scripture: Wherein he affirmed, That we are not to believe the Doctrins of all Sorts of Men, but prudently to weigh all Things, and embrace that which is agreeable to the Word of God: And that no Doctrin was to be received, though never so Specious, besides that which was left us by the Prophets and Apostles: That the Writers who came nearest to them, were to be admitted; but that we were to judge of the rest: And that as to Indulgences, the Collectors ought not to forge any Novelties, but therein follow the Direction of the Canon Law. Afterwards he objects against him, That he alledged no Text of Scripture, and only quoted the Opinion of Thomas, who himself had handled most things, according to his own Fancy, without the Authority of Scripture; wherefore he rejects both, and for so doing, gives for his Warrant, not only the Injunction of S. Paul, but also the Example of S. Austin: That it is an usual thing with Lawyers, to say, That nothing was to be asserted, but what was clearly grounded on the Law; and that in Divinity it was far less tolerable to admit of any Allegation, without the Authority and Testimony of Scripture: That S. Paul commands, That they who teach the People, should be furnished, not with Syllogisms, or the various Devices of Men, but with sound Doctrin, left to us by Divine Inspiration; but that, because most part slighted that Command, thick Darkness had overspread the Church, and jangling about frivolous and needless Questions had broke into it. Having thus made Way for himself, he comes to the Refutation, and towards the End, says, That he was not at all moved at his Threats, nor his lofty and swelling Expressions, for that, though he might be put to Death, yet Christ still lived, and was Immortal, to whom all Glory and Honour ought to be given: That if afterwards he intended to have another Brush, he must make use of other Weapons, and that else he would come but sorrily off with his old Friend Thomas.
Silvester makes his Reply, Silvester's Reply. That he was exceedingly pleased, That he submitted to the Determination of the Pope of Rome, and wished that therein he might have spoken truly, and from his Heart. Luther had twitted him with Ambition and Flattery, which he altogether disowned, but strongly defended Thomas Aquinas, affirming, That his whole Doctrin was so well Received, and Approved of by the Church of Rome, that it was even preferred before all other Writings: He therefore rebuked him for speaking with so little Reverence of so great a Man; and told him, That he looked upon it as an Honour, to be called a Thomist: But that nevertheless, he was also acquainted with the Writings of other Men, which sometime or other he would make appear. To this Preface he subjoyned a [Page 4] Short Book, wherein he strangely commended the Power of the Pope of Rome, so that he raised him above Councils, and all the Canons, and affirmed, That the Force of Scripture, depended wholly on his Authority.
Thomas Aquinas, Who Thomas Aquinas was. being nobly descended, gave himself altogether to the Study of Learning, and leaving Italy, came first to Cologn, and then to Paris, where he attained to the chief Place amongst the Learned Men of his Age, and published many Books, both in Philosophy and Divinity: He had been a Fryer of the Dominican Order, and the Scholar of Albertus Magnus, and about fifty Years after his Death, was Canonized a Saint, by Pope John XXII. He had, indeed, been a rare Champion for the Papal Dignity, for he gave him Power, not only over all Bishops, the Universal Church, and Kings; but also both Spiritual and Civil Jurisdiction, affirming it to be necessary to Salvation, That all Men should be Subject unto him, and that he had full Power in the Church, both to call Councils, and to confirm the Decrees of the same: Nay, and that from National or Provincial Synods, Appeals might lawfully be made unto him. In short, he attributed all things unto him, save only, that he could not make new Articles of Faith, nor abrogate those which were handed down to us from the Apostles and Fathers. He wrote also largely of Indulgences, and made the Pope an absolute Monarch, in dispensing them. He is said to have died in the Year one thousand two hundred and seventy four; and because of the sharpness of his Wit, he is commonly called the Angelical Doctor.
To Silvester's Reply, Luther answers Silvesters Reply. Luther made Answer, only by an Epistle to the Reader, wherein he affirms, That little Book of his to be so stuffed with Lies and Horrid Blasphemies against God, that the Devil himself appeared to be the Author of it; That if the Pope and Cardinals were of the same Judgment, and that if that was the Doctrin taught at Rome, it was no more to be doubted, but that Rome was the very Seat of Antichrist; and that happy was Greece, Bohemia, and all the rest who had separated from it: That if the Pope did not restrain him, and force him to retract his Writings, he protested that he Dissented from him, and not only acknowledged not the Church of Rome, but would look upon it for the Future, as an Impure Sink of Errours, wholly Devoted to Impiety: That new and unheard of Elogies, of the Pope of Rome, were cunningly and craftily devised daily, with intent that there might be no place for a Lawful Council; since his Flatteries raised him above a Council, and affirmed, That the true Sense and Meaning of the Scriptures was to be sought from him, as from an Infallible Judge: That if they went on in this Madness, and Imposed so upon the World with their Juggles, there remained no other Remedy, but that the Magistrates should Punish them: That Thieves, Robbers, and such like Malefactors, were put to Death; but that it was more Reasonable, That all Men should joyn, in repressing these most pernicious Enemies of the Commonwealth of Christendom: That their Pope was no more than other Men, and no less obliged by the Laws of God than the Meanest Person whatsoever; and that they who taught otherwise, offered the highest Injury to the Divine Majesty. James Hogostrate writes against Luther, whom he answers. At that time James Hogostrate, a Dominican, wrote bitterly also against Luther, exhorting the Pope to prosecute him with Fire and Faggot. Luther gave him a short Answer, upbraided him with Cruelty and Blood-thirstiness, and sharply plaid upon the Ignorance of the Man, advising him to go on in his Course; for that to be Censured by Unlearned and Vitious Men, was a ready Way to attain to Honour and Reputation: However, he said, He hoped for better things at the Hands of Pope Leo.
Whilst these things were in a Scholastick manner managed and debated by Writing on both Sides, A Diet at Ausburg. the Emperour Maximilian held a Diet at Ausburg, whither Pope Leo [...] sent his Legat, Cardinal Thomas Cajetane. All the seven Princes, who because of their Right of Chusing the Emperour, are called Electors, were present at this Diet, to consult about a Turkish War; for S [...]lym the Emperour of the Turks, having lately subdued the Sultan of Egypt, had reduced Syria and Egypt under his Obedience; and Cardinal Cajetane, having made an Hortatory Speech, and in the Pope's Name offered the Treasures of the Church, implored Aid of the Emperour Maximilian, as being the Protector and Defender of the Church. The Archbishop of Mentz made Cardinal. At this Time Pope Leo X, made Albert Archbishop of Mentz, a Cardinal, and ordered him to be installed at this Diet, by Cajetane, with the usual Rites and Ceremonies. The Emperour afterwards waited upon the new Cardinal from the Church home to his House, and sent him Presents, a Royal Litter, with Horses, Carpets, and a great deal of very Rich Furniture: But the Pope made [Page 5] him a Present of a Cap, embroidered with Gold, Pearls, and precious Stones; and of a Sword with a gilt Scabbard: For generally all the Bishops of Germany have a Civil, as well as Ecclesiastical Jurisdiction. Now it was thought, That Leo conferred this Honour upon him, That the Church of Rome might have a Champion in Germany, conspicuous both for Nobility of Extraction and Dignity; for though all Bishops are bound by an Oath to the Pope of Rome, yet they who are called Cardinals, are much more obliged unto him: Besides he was not Ignorant, how great a Stroak this Man had in the Affairs of the Empire, as being, by Ancient Custom, the First of the Princes, and, as it were, perpetual President of the Electoral Colledge.
Maximilian being informed of the Controversie raised by Luther, Maximilian's Letter to Pope Leo, about Luther and his Doctrin. in the Month of August, wrote to Pope Leo, That he had learned, that Luther had vented many things in his Disputes and Sermons, which for the most part seemed to be Heretical; that he was the more grieved at it, the more obstinately he maintained his Doctrin, and had the more Approvers of his Errours, and amongst those, some also of great Quality: That he exhorted his Holiness, that by Virtue of the Chief Authority, which he had, he would cut off all Idle and Useless Questions, and put a Stop to all Sophistry and Contention about Words; for that they who gave their Minds that Way, did a great deal of Mischief to Christianity; since all their Scope was, That what they themselves had learn'd, should be approved and imbraced by all Men: That care had been, indeed, taken in the former Age, That able Preachers should be appointed to teach the People, and avoid all Idle and Sophistical Nicities, but that that Decree, was by degrees brought into Contempt, so that, it ought not, indeed, to seem strange, if they who should be the Guides of others, themselves mistook the Way: That it was long of these, That the Writings of the Ancient Fathers and Interpreters of Holy Scripture, had lain now long neglected, and were become Faulty and Corrupted: That it was also to be imputed to them, That in these our Times many Controversies were broached in the Schools, and amongst the rest, that this dangerous Deba [...] about Indulgences was started: That this, indeed, was a Matter of so great Moment, as that it required a present Remedy to be applyed to the growing Evil, before it should propagate its Contagion, and spread further; for that Delays were dangerous: That for his part, he was ready to approve whatever his Holiness should Determine, and take care to have it received throughout all the Provinces of Germany.
We told you before of the Clashings and contrary Writings of Luther and Silvester: Luther Cited by the Pope to appear at Rome. Now since this Man having a publick Place in Rome, eagerly pursued the Cause, Pope Leo Cites Luther under a Penalty, to appear at Rome; and then, August 23, wrote to Cardinal Cajetane, his Legat in Germany, to this purpose. That whereas being informed, That not only in Universities, but also amongst the People, and in Books published and dispersed over Germany, Luther maintained some Impious Opinions, contrary to the Doctrin of the Church of Rome, the Mistriss of Faith and Religion: He, who out of a Paternal Care and Affection, desired to put a Stop to his Rashness, had commanded Jerome Bishop of Ascoli, to whom the Matter properly belonged, to Summon him to appear at Rome, to answer the Accusations brought against him, and give a Confession of his Faith. That the Bishop of Ascoli had, indeed, done as he was enjoyned, but that he was so far from being thereby Reclaimed, that obstinately persisting in his Heresie, he had published Writings far more Dangerous, to his great Grief and Trouble: That, he should therefore endeavour to have him brought to Ausburg, by means of the Emperour and Princes of Germany, whose Assistance he should crave herein; and that being come, he should put him in safe Custody, that he might be sent afterwards to Rome: But that if he repented of his own accord, and begged Pardon for his Fault, he might receive him into Favour, and restore him to the Communion of the Church, which never uses to exclude Penitents; but if not, that then he should Excommunicate him; commanding all Men also to obey this Bull, under the Penalty, if they be Church-men, of the loss of all the Church Livings they possessed, and of being incapable of enjoying any for the future; but if Lay-men, and in Civil Office, under the Pain of being declared Infamous, degraded from all Honours, deprived of Christian Burial, and the Forfeiture of all Ecclesiastical Preferments, which they held of him, or of others also: But to those who should perform faithful Service therein, he orders either that Plenary Indulgences and Remission of Sins, or else some Place and Reward should be given; and to this Bull he subjects [Page 6] all Men (the Emperour only excepted,) notwithstanding any Priviledge or Dispensation they might have to the contrary.
The same Day, Pope Leo writes to Frederick Elector of Saxony. he wrote to Frederick Elector of Saxony, who then was at Ausburg: That among the other Ornaments of the House of Saxony, it had been always peculiar to it, to be most zealous for Religion; that therefore it was not probable, that any of that Family would so far degenerate from their Ancestors, as to protect and defend a Man, who entertained Erroneous Thoughts as to the Christian Religion: That nevertheless, to the great Grief of his Heart, he daily heard many and grievous Complaints of Luther, a profligate Wretch, who forgetting his own Order and Profession, acted many things sawcily, and with great Confidence, against the Church of God, bragging, That being supported by the Favour and Protection of the Prince, he stood in awe of the Authority of no Man; That he made no doubt, but that was falsey given out by him, but that nevertheless, he was willing to write these few things unto his Highness, and to advise him, That being always mindful of the Splendour and Dignity of himself and his Ancestors, he would not only avoid giving any Offence, but even all Suspicion of offending: That he knew for a certain, That Luther taught most impious and Heretical Doctrines, which both he and the Master of his Palace, had carefully observed and marked down; That that was the Reason why he had both Cited him to Appear, and also sent his Instructions to Cardinal Cajetane, his Legat, as to what further he would have done in the Matter; and that seeing this was an Affair of Religion, and that it properly belonged to the Church of Rome, to enquire into the Faith and Belief of all Men, he exhorted and charged his Highness, That being thereunto required, by his Legate, he would use his best Endeavours to have Luther delivered up into his Hands, which would be both acceptable Service to God, and very Honourable to himself and Family; that if upon Tryal he were found Innocent at Rome, he should return Home Safe and Sound; but that if he proved Guilty, then would his Highness be Blameless, in no longer protecting a Criminal; and that he himself was so mercifully inclined, as that neither he would oppress an Innocent Man, nor deny a Penitent his Pardon. And thus he left no Way unessayed, that he might undo Luther.
The same Year, Pope Leo writes to the Provincial of the Augustine Fryers. also, he wrote to Gabriel Venize, the Provincial of the Augustine Fryers, exhorting him, That by the Authority of his Charge, he would put a stop to Luther, a Fryer of his Order, who attempted Innovations, and taught new Doctrins in Germany, and solicitously ply him both by Letters, and Learned Agents: But that Expedition was to be used in the Matter, for so it would not be difficult to quench the Flame newly broken out, since things in their Infancy and Commencement, could not resist Attempts that were any thing brisk; but should it be deferred till the Evil had gathered Strength, it was to be feared, that the Conflagration might afterwards carry all before it; for that it was a Contagion that spread more and more daily, so that nothing seemed more to be feared than Delay: That therefore he should set about the Affair with all Pains, Diligence and Industry, seeing he had Authority over him.
When Luther perceived that he was cited to appear at Rome, Luther desired his Cause might be tryed in Germany. And the University of Wittemberg write to the Pope in his behalf; he was very solicitous to have his Cause tryed before Competent and Unsuspected Judges, in some Place of Germany, secure from Violence. But when that could not be obtained, the University of Wittemberg sent a Letter to Pope Leo, dated September 25, wherein they gave Luther an ample Testimony both of a Pious Life and Learning; that seeing he was for some Positions proposed, Cited to Rome, and could not, being a Sickly Man, without endangering his Life, make an Appearance; they prayed his Holiness not to think otherwise of him, than of an Honest Man; that he had only for Disputation sake, offered some things to be argued, which were misinterpreted and highly exaggerated by his Adversaries; that for their parts, they would not suffer any thing to be asserted in Opposition to the Church, and that at Luther's Request, they could not but give him this Testimony, which they earnestly entreated his Holiness to give Credit to.
With this Letter, And also to one of the Popes Bedchamber, that Luthers Cause may be heard in Germany. they sent another to Charles Miltitz, a German, and Bedchamber Man to Pope Leo: Wherein they represent to him, That Luther was undeservedly exposed to the Anger and Hatred of the Pope, insomuch, that being Cited to appear at Rome, he could not as yet obtain, That his Cause might be tryed somewhere in Germany: That for their own Parts, they were so zealous, not only for Religion, but also for the Holy Church of Rome, That if Luther were guilty of any Impious Crime or Errour, they would not bear with him: But that he was a Man [Page 7] so Learned, of so upright a Life and Conversation, and had deserved so well of the whole University, that as Affairs stood, they could not but stand by him: That Duke Frederick also, so Religious and Prudent a Prince, would not so long have suffered him to go unpunished, if he had not thought him to be a good Man: That therefore he would use his Interest and Familiarity he had with the Pope, that Impartial Judges might he assigned him, not at Rome, but in Germany: That they did not doubt, but that he would act as became a Christian and Divine, and make it appear that he did not Wantonly and without a Cause hunt after an Occasion of Contention: That they begged this the more earnestly of him, in that they had the greater Hopes, that he who was himself a German, would not, in so just a Cause, be wanting to a Country-Man, who was born down by Calumnies, and in danger of his Life.
Besides the Intercession of these Friends, Duke Frederick deals with Cardinal Cajetane at Ausburg. Frederick Prince Elector, spoke also to Cardinal Cajetane at Ausburg, and so far prevailed, that Luther being excused from going to Rome, should plead his Cause before the Emperour at Ausburg. Being come thither, in the Month of October, it was three Days before he was admitted to the Speech of Cajetane; for they to whom Duke Frederick, (who upon dissolution of the Diet, was gone Home,) had recommended him, forbad him to go to him, before he had obtained a Safe Conduct from the Emperour Maximilian; but that being, at length, granted, he came; and the Cardinal having civilly received him, Cajetane's conference with Luther. told him, That he would not enter into any Dispute with him, but end the Controversie amicably; and at the same Time proposed to him two Commands in Name of the Pope; First, That he would repent what he had done, and retract the Errours which he had published: And next, That for the Future, he would abstain from such Writings, as disturbed the Peace and Tranquility of the Church. Luther makes Answer, That he was not Conscious to himself of any Errour; and desires, That if he had erred, it might be proved against him. With that Cajetane objects, That in his Theses he had affirmed, That the Merits of our Saviour Christ, were not the Treasure of Indulgences, which Opinion was repugnant to the Decretal of Pope Clement VI. Again, That it was necessary that they who come to receive the Sacrament, should have a firm Belief that their Sins were forgiven them. Luther replies, That that was not so, telling him withal, That he had read the Pope's Decree, and gave his Judgment of it; but mention being made of S. Thomas, he said, The Authority of Holy Scripture was to be preferred far before his.
The Cardinal then extolling the Dignity of the Pope, prefers him before all Scriptures and Councils, and quotes the abrogation of the Council of Basil, which had decreed otherwise; condemning also Gerson the Parisian Doctor, and the rest who approved that Opinion. On the other hand, Luther denies the Authority of the Pope to be greater than that of a Council, and quotes the Parisian Divines, as the Approvers of his Judgment. When after much Debate, they could not agree, Luther desired Time to consider; and coming again next Day, in presence of Notary and Witnesses, and some of the Emperours Counsellers also, he professed, That he Reverenced and Submitted to the Holy Church of Rome; that if he had said any thing to the contrary, he disowned it; but that since he was admonished and commanded, To Renounce his Errour, and meddle no more for the future, he was of the Opinion, that he had asserted nothing, that disagreed with the Scripture, the Judgment of the Fathers, the Decretals of the Popes, or right Reason it self; that he did not deny, indeed, but that he might err and be deceived, that being incident to Man; and that therefore he submitted to the Judgment of a Lawful and Holy Church; and referred his Cause to be tryed thereby: Nay more, That he was ready, in any Place, to give an account of his Doctrin; that if he was not pleased with this, he would answer his Arguments in Writing, and submit to the Judgment of the Universities of Germany and Paris. Cajetane urged again, as he had done the Day before, that Decretal of Clement, as making for him; and at length allowed him to exhibit his Mind in Writing; which was to this purpose: That at the Time he published his Theses, and when after, he wrote the Explication of them, he had read the Decretal of Clement, but that it had not satisfied him; for that though it be made a Rule, That the Decretals of the Pope of Rome are no less to be received than the Words of the Apostle S. Peter, yet that ought so to be understood, provided they agree with Holy Scripture, and deviate not from the Decretals of the Ancients; that S. Peter's Voice was, indeed, Sacred and Holy, and yet he had been sharply rebuked by [Page 8] St. Paul, and his Doctrin not received till the Church, which then was at Jerusalem, consented to it. That the Sayings of Men were to be heard, but that every thing should be referred to the Voice of Christ, who alone could not be deceived: That that Decretal was repugnant to many places of Holy Scripture, which was the Reason that at that time he Published his Position, and afterwards Commented upon the same: That from that time forward, he had resolved to dispute no more about it, and rather to listen to the Opinions of others; but that now, though he had rather be instructed by others, and especially the Pope of Rome, yet since there lay a necessity upon him of defending his own Assertion, he would essay, and use his endeavours to reconcile his Positions to that Decretal, if by any means it could be done. Having thus addressed to the Cardinal in a Preface, he falls to the handling of the matter it self, and explaining the Decretal, affirms, That it made for him, yet so, that he did not thereby derogate from the dignity either of the Pope or him. Then he comes to the other branch of the Accusation, and by many Texts of Scripture, fully proves, That it is Faith which Justifies us before God: And therefore he prays him to deal kindly with him, and shew him his Errour; for that the Texts of Scripture which he had alledged, were of so great force, that he believed them to be Self-evident; wherefore he could not forsake that Truth, since it was better to Obey God than Men. That therefore he desired to be excused from that over-hard condition of Retracting, and to be Reconciled to the Pope: That it was not out of Arrogance, or any desire of Vain-glory, that he had entred the Lists, and that he wished for nothing more than that the Truth might be discovered by any more Learned and Pious than himself; so that he beg'd, he might not be compell'd to wound his own Conscience. Cajetane took this Writing from him, and upon reading, made slight of it, but promised however to send it to the Pope. In the mean time he urged him to retract, else he threatned him with the Punishment appointed by the Pope, and with that bid him be gone, and see his face no more, unless he changed his mind▪
Three days after Luther had been thus threatned, October the Seventeenth, he wrote a very humble and submissive Letter to the Legate; for after that the Legate had chid him, as we said, and sent him away, he had dealt privately with John Stupitz, Provincial of the Augustine Fryars, that he might incline him to make a voluntary Recantation. Now in that Letter, Luther gives him an account of what pass'd betwixt Stupitz and him, who had omitted nothing that could be expected from an honest Man, and faithful Friend. He thanked him for his Good-will and Kindness towards him, which he had understood from Stupit's discourse, whereby he had been so much comforted, that there was no Man-living he would more willingly gratifie, than His Eminence. He confesses that he had been too sharp, and had not behaved himself with the respect and reverence that was due to the Papal Dignity, but that all that was to be attribu [...]ed to the impertinence of the Collectors: He begs Pardon for what he had done, and promises greater modesty for the future, and that he would hereafter do his Holiness Right in his Sermons: That he would not mention the Indulgences in time to come, provided his Adversaries were enjoyned to do the like; but that he should retract the Opinions which he had divulged, and hitherto defended, he could not with a safe Conscience, so long as he was not convinced of Errour by clear Testimonies of Scripture. He therefore craves that the Tryal of the Cause might be referred to the Pope, for that nothing would be more pleasant to him, than to hear the Voice of the Church about such Controversies.
Since Cardinal Cajetane made no Answer to this Letter, and had uttered some threatning Words, he took his Friends counsel, and two days after departed, leaving behind him a certain Appeal, which should afterwards be publickly affixed; and about the time of his departure, he wrote again to the Legate, That he had omitted nothing which was his duty to do: That being a weak sickly Man, he had made a long Journey on Foot and come to Ausburg, Luther writes to Cajetane when he was going home, and appeals from him to the Pope. that he might manifest his Submission to the Pope; but now that his Money was almost spent, and that he would not be any longer troublesome to the Carmelite Fryers who had lodged and entertained him in their Convent, he would return home, especially seeing His Eminence had discharged him to come any more into his presence: That generally all his Friends had advised him to appeal from him to the Pope: That he would not indeed have done it of his own accord, as not thinking it to be very necessary; but that he could not but respect their Admonitions, and the rather that [Page 9] he beleived Duke Frederick inclined more to have that Appeal made, than that he should rashly and unadvisedly make any Retractation.
The Appeal was conceived in Words much to this effect; The Form of Luther's Appeal. That the Question about Indulgences, which had been variously handled by many, was never clearly determined; and that about such dubious Questions, it was lawful, especially for Divines, to dispute; that he had also done so at that time, when some Preachers, not only Wrote and Taught rashly and unadvifedly, but also used strange ways and Tricks to draw Money from the People; and that he did it, not as affirming any thing positively, but only that he might discover the Truth; that he had, in like manner submitted the whole Debate to the Determination of the Learned, and also of Pope Leo; but that these Men had devised many Calumnies against him, abused him grievously to the Pope, and at length prevailed so far, that the Cause was committed to the Bishop of Ascoli, and Silvester Prierias; that by them he had been cited to appear at Rome, but that because both of them were suspected, and one of them unfit to judge in such a Matter: Again, because no Man doubted of the unavoidable Danger, he would have been exposed to, if he had gone to Rome, and that he had been commanded by his own Magistrate, not to go: Upon these Considerations, and in such an Apprehension also, which might affect the Stoutest, and most resolute Man, he had prayed Frederick Elector of Saxony, That he would procure his Cause to be Tryed by some fit and competent Persons, in a Place, secure from Violence, in Germany; that so, the Pope had referr'd the whole Matter to his Legate, Cardinal Cajetane, which doubtless was brought about by the Instigation of his Adversaries, who knew the Mind and Intentions of the Cardinal. And though the Legate himself might have justly been Suspected, yet he had obeyed. That the Cardinal had, at first Meeting, commanded him instantly to retract what he had written; to which he then made Answer, That he would give an account of what he had done, either in a Personal Disputation, or by Writing, and refer the whole Matter, not only to Universities, but also to the Decision of the Church of Rome; but that the Legate being wrought upon by none of these Things, had still enjoyned him a Retractation, and when he could not extort it, had threatned severe Punishments, both to him, and others also that were of his Opinion. That since then, he found himself lyable to such unjust Prejudications, he Appealed from the Pope, not rightly informed in the Cause, to the Pope to be better informed, and that he publickly protested.
Now, Pope Clement's Decree about Indulgences. that Decretal of Pope Clement, which hath been mentioned is extant, in that Part of the Canon-Law, which they call the Extravagants. There Pope Clement reduces that Time, they call the Jubilee, from an hundred Years, as it was appointed by Boniface VIII. to fifty; and speaking of the Blessing of our Saviour Christ, affirms, That one Drop of the Blood of Christ, was sufficient for the Redemption of all Mankind; but that seeing he shed so much Blood, that there was no sound Part left in his Body, nothing more Lamentable to be seen, he had left all that was over and above, as a vast Treasure, for the use of the Church, and commanded S. Peter, who keeps the Keys of Heaven's Gates, and after him, his Successors, to distribute that Treasure like good Stewards, amongst Men, who were truly Penitent, and confessed their Sins, pardoning the Temporal Punishment that was due unto them for their Trespasses: Besides, he says, That the Merits of the Virgin Mary, and all the Saints, were put into the same Treasure, so that there was an inexhaustible Stock for Indulgences. This was the Decretal then, upon which Cajetane grounded the Efficacy and Validity of Indulgences: But Luther affirmed, That there was nothing committed to S. Peter and his Successours, but the Keys and Ministry of the Word, whereby Christ impowers them to declare to Penitent Believers, who trust in him, the Remission of their Sins; that that was the true and genuine Sense of the Scripture: That if that was the Meaning of Pope Clement's Decretal, he liked it; but if not, he could not approve the same: That what, moreover, it said of the Merits of Saints, was wholly repugnant to Scripture; for that the best of Men, were so far from doing more, that they could not do what they ought, and that we were not saved by their Merits, but only by the Mercy of God; since it ought to be our daily Prayer, That God would pardon our Sins and Trespasses, The Decrees of the Councils of Constance and Basil concerning the Power of the Pope. and not enter into Judgment with us, lest we should be condemned.
As to what Cajetane alledged of the Pope's Power, the Case is this: It was decreed in the fourth and fifth Sessions of the Council of Constance, That the Pope himself should be subject to the Decrees of a Council. The same was also [Page 10] renewed, and again Decreed, in the third and eighteenth Sessions of the Council of Basil. But Eugenius IV, refusing to go to that of Basil, though he had been often warned and cited to come, declared it null, and appointed another to meet at Ferrara, whither also came John Paleologue, the last Emperour of the Greeks, save one, with Joseph Patriarch of Constantinople, and a great many Bishops, and that was in the Year 1438. From Ferrara, afterwards, they all removed to Florence, and there a Decree past, with consent of the Greeks, That the Church of Rome was the Chief of all Churches; and the Pope of Rome, the Successor of Peter, the Prince of the Apostles, the true Vicar of Christ, the Head of the Universal Church, the Father and Teacher of all Christians, and that full Power was given to him from Christ, of Feeding and Governing the Catholick Church. This Decree Cajetane now insisted upon, when he preferred the Pope before a Council. Nay, and six Years before, also, when he was not as yet Cardinal, but only General of the Dominicans, he made a Speech in the Second Session of the Council of Lateran, of which more hereafter; and having spoken many things against some Cardinals, who had made a Separation, he had a glance, by the by, at the Councils of Constance and Basil, because the Fathers at that time, had taken upon them Power and Authority over the Pope; that therefore it was well done by Eugenius, when he curbed that Faction, and suffered not his Power to be diminished. Pope Julius II, in whose Favour this Speech was made, commanded it afterwards to be entred amongst the Acts and Records of the Council; though Cajetane obtained not the Cardinals Cap, An account of Gerson. before the Pontificat of Pope Leo. Gerson, whom he mentioned, was a Parisian Divine of great Reputation, who wrote several things; he was present at the Council of Constance, and wrote much in Praise of that Decree, which subjects the Pope to a Council, saying, That it deserved to be hung up in all Churches, and publick Places, for perpetual Memory; for that they were most pernicious Flatterers, who introduced that Tyranny into the Church, as if the Pope ought not to obey a Council, nor be judged by it; as if a Council received all its Authority and Dignity from him, as if it could not be called without his Permission, and as if he were not obliged by any Laws, nor to be called to an account for his Doings; that these monstrous Words were utterly to be avoided, which were repugnant to the Laws, common Equity, and natural Reason; for that all the Power of the Church was in a Council, that it was lawful to Appeal from him to it; and that they who asked, Whether the Pope or a Council was the greater? did just, as if they should demand, Whether the whole were greater than a part? since a Council had Power of Making, Judging and Deposing the Pope, and had given a late Instance of it at Constance; for seeing some seemed to doubt of that, and attributed a little too much to the Pope, that Question had been decided, before Pope John XXIII was degraded. These things, and much more to the same purpose, Gerson writes, and was therefore now rejected by Cajetane. He dyed in the Year 1429. But the Doctors of the University of Paris were of the same Opinion, confining that vast Usurpation of the Popes within these very Limits, so that some Months before Luther published any thing of Indulgences, they appealed from Pope Leo X, to a Council, because of his abrogating the Pragmatick Sanction, which was very useful to the Students and Scholars of France, and opened a way also to Honour and Preferment.
After Luther was gone, Cajetane's Letter to the Elector of Saxony. Cardinal Cajetane wrote to Duke Frederick, October 25, That Luther had come to Ausburg, but had not spoken with him, 'till he had obtained a Safe Conduct from the Emperour; and that he wondred very much, That they put so little Confidence in him; that after much Discourse, he had admonished the Man, To come over and retract; and that though he had been somewhat obstinate, yet he had come to Terms of Reconciliation with Stupitz and some others, so that both the Dignity of the Roman Church, and his own Reputation were saved: But that when there had been a good Foundation of the Matter laid, Stupitz first, and then Luther, had departed privately; which happened quite contrary to his Expectation: That he pretended, indeed, as if all he had done, was only for Disputation sake, and to discover the Truth, but that in his Sermons to the People, he positively asserted all, which was not to be suffered, since his Doctrin was both different from that of the Church of Rome, and very pernicious also, as might be affirmed for a certain Truth: He therefore advises him, That he would consult his own Honour and Conscience, and either send Luther to Rome, or banish him his Country; that such a Pestilent Business could not long subsist, nor was it to be doubted, but a Sentence would pass at Rome, and that he himself, [Page 11] as in Duty bound, had acquainted the Pope with the whole Matter, and the crafty Trick that had been plaid him: That he prayed him not to give credit to those who seemed to favour Luther's Writings; and that he would not cast such a Blemish and Stain upon his most Noble Family, as he had often promised, he would not.
Duke Frederick, The Elector's Answer. on the eighth of December, answered this Letter, which was delivered unto him November 19. to the Effect following. That he had promised to take Care, That Luther should come to Ausburg; which being fulfilled, he could do no more: That he on the other Hand, had past his Word, That he, would in a friendly manner dismiss Luther; but that, in the mean Time, he would have had him to retract, without hearing his Arguments and Plea, or he having been fairly tryed, seemed very strange unto him; for that there were a great many Learned and Good men, not only within his Territories, but in other Places also, who were far from condemning his Opinion: And that they who withstood him, were moved to it through Covetousness and Malice, because he had spoiled their Trade, and lessened their Profits: That if it had been plainly made appear that he had erred, he had so great regard to the Glory of God, and the Peace of his own Conscience, as of his own accord, he would have long ago discharged the Duty of a Christian Magistrate: That what he told him, then of continuing the Process against Luther, at Rome, was a thing he did not so much as dream of; and that what he also demanded of him, that he should either make him appear at Rome, or banish him his Country, he could not do it: First, because his Errour was not as yet demonstrated, and then, because it would be a great loss to the University of Wittemberg, founded by himself; which being famous for many Learned and Studious Men, had a great esteem for Luther, for his Merits and the good Services, he hath done there: That he had sent him his Letter to read; and that he had protested, as he had often done before, That he was ready to maintain his Opinion by Disputation, in any unsuspected Place, and hearken to the Judgments of others, who could better inform him, or else to answer in Writing: That, indeed, it seemed Reasonable, That he should be allowed to do so, which he also desired might be done, that it might, at length, appear, both, why he was to be accounted an Heretick, and also what he himself was to follow; for as he could not wittingly and willingly approve any Errour, or withdraw himself from the Obedience of the Church of Rome, so neither would he condemn Luther, before his Errour and Crime were detected.
Duke Frederick had sent Luther Cajetane's Letter, Luther's Answer to the Elector of Saxony. as we said just now; Luther therefore presently made Answer to the Prince: That he had been advised by his Friends, not to appear before the Legate, till he had obtained a Safe Conduct from the Emperour; that he would have had him retract what he had written concerning Indulgences, and of the Necessity of Faith, in going to the Sacraments: That for the former, indeed, he was not much concerned; but that he should deny the other, he could not do it, he said, Since the Stress of our Salvation rested upon it: That the Texts of Scripture were depraved and wrested by the Papists: He also gave a Relation of every Days Proceedings, and how Cardinal Cajetane, at length, fell to Threatnings: That in Reality, he desired nothing more, than to be convinced, wherein he had erred; that he would willingly submit to better Information: That if they would not be at so much Pains, for so mean and inconsiderable a Person, as he was, they ought, at least, to write to his Highness, or to the Emperour, or else to some Eminent Bishop of Germany, and appoint a free Disputation to be held in some Place; that hitherto they had denyed him all these things; but that if they persevered therein, it might easily be judged who were in the Fault, he or they: That since, therefore, they offered nothing but Severity and Cruelty, he ought not to be moved at their Words; for that it was far more easie for them, to mark down, what they thought to be Erroneous, and to publish them for such through Germany, than for him to be at vast Charges, and endanger his Life, in going to Rome, to have his Errours examined and discussed there: That, after all, as to what he boasted of, That the Cause should be judicially tryed at Rome, unless he either went thither, or were banished the Country; he did not refuse Banishment, for that he very well knew, no Place could be safe for him, so long as he was pursued by the Malice and Treachery of his Adversaries; that it would be also a great Grief and Trouble to him, if any Man should be brought into Danger for his sake; that therefore to prevent their Enterprizes, he would leave the Country, and go whither God pleased to call him. At length, he concludes [Page 12] with hearty Thanks to his Highness, and prayes for his Welfare and Prosperity; rejoycing in himself, That God would think him worthy to suffer any thing for the Glory of the Name of Christ.
Afterwards, The University of Wittemberg interceeds with Duke Frederick for Luther. the University of Wittemberg, on the 21 November, wrote to Duke Frederick, That they had been informed by Luther of Cajetane's Letter, what it was he demanded, and what again Luther offered at Ausburg; that, therefore, since Luther desired both that his Errour might be made appear to him, and that he submitted to the Holy Church of Rome, they prayed his Highness, to endeavour that they might not take any Severe Course with him, but convince him of his Errour, by Arguments taken from Holy Scripture; that he, indeed, had great Confidence in the Courteous and Gracious Disposition of Pope Leo; but was much afraid, lest his Flattering Adversaries might incense him, and abuse the Name of the Church. Though the Elector Frederick, complied not with the Papists, and took special Care, that Luther should not suffer any Injury, as may sufficiently appear, from what hath been said, yet to that very Day he had not read any of Luther's Writtings, nor heard his Sermons, as he himself professed, in a Letter, which at Ausburg he wrote to Cardinal Raphael Riario, who, upon account of Ancient Acquaintance, had friendly admonished him, not to undertake the Protection of Luther.
In the mean time, Pope Leo's Bull for the Indulgences. during these Transactions, Pope Leo being apprehensive of some defection, in that State of Affairs, on the eight of November, published a Bull in confirmation of Indulgences; affirming it to be the Doctrine of the Church of Rome, the Mother and Mistriss of all other Churches; that the Pope, the Successor of S. Peter, and Vicar of Christ, hath Power of granting that great Blessing, which availeth not only the Living, but the Dead also in Purgatory; that that Doctrine was to be embraced by all, if they would not be separated from the Communion of the Church. This Bull he therefore sent to his Legate Cardinal Cajetane, to be by him published. He in obedience to the Command, published it at Lintz, a Town of Austria upon the Danube, in presence of some Publick Notaries and Witnesses; and having caused many Copies of it to be written out, sent them in the Month of December after, to the Bishops throughout Germany, charging them in the Pope's Name, under severe Penalties, That they forthwith publish, and seriously recommend them to the People of their Diocesses.
Because Luther had understood by Cajetane's Letter, Luther's Appeal from the Pope to a Council. That they would proceed to a Sentence, against him, at Rome, on the 28 of November, he made a new Appeal. In the beginning whereof, he professes, That he would not impeach the Authority of the Pope of Rome, so long as he was sound in his Judgment, and far less dissent from the Church; that nevertheless, seeing the Pope was like other Men, it was possible he might err and do amiss, and that it was not to be attributed to him, as if he alone could not err, nor be deceived. This he affirms by the Example of S. Peter, whom S. Paul rebuked openly and sharply, because he had erred in the Sound Doctrine: That seeing the Pope had so great Power and Wealth, that he both commanded what he pleased, and could not be restrained by the Authority of any Man, the only Remedy that remained for those, who thought themselves injured by him, was in Appeal: Then he relates, How that being forced by the too great Austerity of Cardinal Cajetane, he had Appealed to the Pope, thinking he might have had some Protection in his goodness, seeing he had offered most reasonable Conditions, and promised to do any thing, provided he were convinced of his Errour; but that now seeing he perceived that this Appeal being slighted, and the Conditions also rejected, there was no Hopes of Help or Relief from the Pope, as appeared by Cardinal Cajetane's Letter to the Elector of Saxony; he was by extream Necessity brought to make his Appeal from the Pope to a future Council, which was every way to be preferred before him.
Afterwards, Pope Leo sent Charles Miltitz, whom we mentioned before, into Germany, and presented the Elector Frederick, with that Golden Rose, which is yearly Consecrated by the Pope, with great Pomp and many Ceremonies, and commonly presented to some great Person, as a Mark of singular Good-will and Favour. He wrote also to Degenart Pheffinger, a Nobleman, and one of Duke Frederick's Council, intreating him to assist Miltitz in what he was to negotiate with the Elector in his Name. that Luther, the Son of Satan, might be restrained, and that the most Noble Family of Saxony, which had been always reckoned zealous [Page 13] for Religion, might not be sullied by any Blot or Blemish. To the same Purpose, also, he wrote to George Spalatiner; and the more to persuade him, told him, That he was wholly taken up in rooting the hurtful Weeds out of the Field of Christ. In like manner, his Vice-Chancellour writing to Degenart, prays him, That he would exhort Duke Frederick to imitate the Example of his Ancestors, that he might not do any thing unworthy of their Memory. When Miltitz arrived in Saxony, he presented the Rose, and vigorously set about the Discharge of his Commission: This coming to Luther's Knowledge, on the third of March, he wrote a very submissive Letter to the Pope; 1519. That he had been grievously accused to Frederick Elector of Saxony, Luther's Letter to Pope Leo. as if he behaved himself perversly towards the Church of Rome; which troubled him not a little; for that it exceedingly grieved him to have fallen into his Holiness's Displeasure, and that nevertheless, he could not tell what he had to do, nor how to carry himself; that he was constantly urged to retract his Writings; that if that could any way contribute to the Advantage and Dignity of the Church of Rome, he would not refuse to do so; but that there were a great many ingenious and learned Men, in Germany, who could rightly judge of the whole Controversie; so that, though he should retract, yet it would redound more to the Disgrace and Detriment, than to the Dignity of the Church of Rome: That for his Part, he had done his Holiness no Injury, but that it was rather those Collectors and Preachers, who, put on by Covetousness, and greedy of Lucre, had spoken foul and ignominious Things to the People; that by these he had been grievously accused and informed against; whereas he stood so well affected towards the Church of Rome, and his Holiness himself, that he had no Thoughts of Attempting any thing against it; for that the Power and Authority of the Church was so great, that next to Christ, it was the most excellent thing in the World; that he prayed his Holiness not to give credit to his Adversaries: That he would never hereafter make mention of the Indulgences, provided, his Enemies, on the other Hand, were also enjoyned Silence; that he would also advise the People, in his Sermons, to entertain Reverent and Honourable Thoughts of the Church of Rome, not to impute to it the Boldness and Covetousness of some of its Members, nor yet, imitate his Example, who being in some manner necessitated by his Adversaries, had treated the Church somewhat irreverently and unbecomingly: In short, that he would do any thing for Peace sake. That in all his Proceedings he had had this constantly before his Eyes, That the Church of Rome should not be aspersed by the wickedness of some Men, nor the People imposed upon by false Doctrine; and that this his Care and Diligence could not be lyable to any Censure. That he was not much concerned about Matters indifferent, provided no Errour nor erroneous Persuasion possessed Men's Minds.
Before Miltitz arrived in Germany, The Emperour Maximilian dies. the Emperour Maximilian dyed in Austria, January 12. the Electors then were, Albert Archbishop of Mentz, Herman, Archbishop of Cologne, and Richard Archbishop of Treves; Ludovick Prince Palatine, Frederick Duke of Saxony, Joachim Marquess of Brandenburg, and Lewis King of Bohemia, who was also King of Hungary. These being, according to the Custome of the Empire, summoned by the Elector of Mentz, met in the Month of June, at Frankford, a City upon the River of Main, whither the King of Bohemia sent his Deputy Ladislaus Sterneberg. The Archbishop of Mentz spoke first; and having said much, of the greatness of the Affair, exhorted them to Unity and Concord; shewing by many Instances, in former times, how much mischief the Dissention of the Electors had done to Germany; and that they all ought to be the more unanimous now, that they were threatned with great Dangers from the Turks, and from others also, who sought the Division of Germany.
There were two Competitours that stood for the Imperial Dignity, Competitours for the Empire Charles King of Spain, and Francis King of France. Charles Archduke of Austria, who three Years before had succeeded to Ferdinand King of Spain, his Grand-Father, by the Mother, and Francis King of France, who having defeated the Switzers four Years before at Marignano, was in Possession of the Dutchy of Milan. And the Ambassadours of Charles, about that time, were come as far as Mentz, four German Miles distant from Frankford; but the French Ambassadours stopt at Coblentz, a Town belonging to the Archbishop of Treves, upon the confluent of the Rhine and Moselle. They severally by Letters and Agents recommended their own Princes to the Electors, and used what Arguments they could to persuade them; but especially the French, who easily understood that their Pretensions were not so acceptable, as differing from the Germans in Language, Customs and Manners. The French King, having overcome the Switzers, as we have said, was [Page 14] in Possession of Lumbardy; but seeing he lookt upon their Friendship to be in a manner necessary for the Safety of his own Kingdom, with high Promises and great Losses, he purchased it the next Year after. Now therefore, the Empire being void by the Death of Maximilian, he sent Ambassadours, to acquaint them with the Reasons why he desired to be chosen Emperour, and withal, to crave their Assistance and Intercession for him with the Electors: Their Answer was, That when they had made Friendship, and entred into a League with him, they had excepted the Church of Rome, and the Empire: That it concerned the Majesty of the Empire, that the Voices of the Electors should be free, so that they could not forestal that Liberty, by making any previous Declaration of their Inclinations. Thus the Ambassadours being dismissed, they wrote to the Electors, acquainting them with the Application the King had made unto them, and with their Answer thereunto; praying them, withal, that they would have no regard unto it, but chuse some German Prince, and thereby infinitely oblige them. They wrote, besides, to Pope Leo; and seeing it belonged to him, to confirm and inaugurate the Emperour elect, they besought him, that he would bestir himself, to hinder that that Dignity should not be bestowed upon any Foreign Prince. To this he made answer, That he heard, there was one who aspired to that Honour, that could not lawfully do it; for that the Kings of Naples were the Vassals of the Pope of Rome; and had obliged themselves of old, not to aim at the Roman Empire, but to rest satisfied with one of the two; and that he had already given intimation of this to the Electors. By this he meant Charles Archduke of Austria; for after the Overthrow, which the French King gave the Switzers, September 13. 1515, when he carried with him Maximilian Sforza into France; Pope Leo following the Fortune of the Victorious, in the Month of December, came to Bolonia, and there having had an Interview, and long Conference with King Francis, he confirmed Friendship with him: And this, among others, was one Cause, why at this Time he favoured his Pretensions. Now, as to what he said of the Kingdom of Naples, this is the Case: When Manfred, natural Son to the Emperour, Frederick II, Made War against the Church of Rome, Pope Clement IV, in the Year 1365, that he might repress him, took the Course, which his Predecessor Vrban IV, was about to have taken, as it is reported, and having sent for Charles, Count of Provence and Anjou, into Italy, declared him King of Sicily and Naples, but on Condition, First, That he should hold the same in Fee of the Church of Rome, The Speech of the Elector of Mentz about the Election of the Emperour. and therefore pay the sum of forty thousand Crowns yearly; and then that he should at no Time aspire to the Dignity of the Roman Empire, nor accept of it, though freely offered unto him.
When the Matter was brought into Deliberation, the Arhbishop of Mentz, having first consulted apart, with Frederick Duke of Saxony, who was of great Authority amongst the Electors, opened the Case, and told them, That the whole Question consisted in three Points, to wit; Whether Francis King of France, Charles King of Spain, or else some German was to be chosen? As to the French King, saith he, I think we are barred from chusing him, by our Oath and Laws, whereby it is provided, That this Dignity of the Empire should not be transferred to Strangers; and no Man doubts, I think, but that he is a Foreign Prince. Again, though his Country were no Hindrance, yet it is not for the Interest of the Publick, because the French King will think of enlarging his Dominions, and make War against Charles King of Spain, whom he hateth, nay, and hath already denounced it, so that Germany will be involved in great Troubles: But we ought to take Care, That no Civil-War be raised among us. Austria belongs to the Dominion of Charles; If the French King invade this, as certainly he will, shall we leave it to his Mercy? Hath the Emperour Maximilian deserved no better of us and the Empire? Do you think that our own Liberty will be long safe, if these Provinces be once subdued? He hath lately enlarged his Borders, by the accession of the Dutchy of Milan, the same will he attempt to do in Germany. We ought not to be moved by their large and magnificent Promises, for Covetousness and Ambition transports Men commonly, and makes them forget their Duty. There were many Princes heretofore in France; but now their Number is contracted within a very narrow Compass, for the King now is in a manner sole Monarch; they say he is a Prince of great Courage, but that aims wholly at Monarchy; Aristocracy is the Goverment we ought chiefly to retain. They promise great Matters, of making War against the Turks, that were to be wished, indeed, as a thing of greatest Advantage to the State; nor am I ignorant of how great Moment a conjunction of Germany, [Page 15] France and Italy, would prove; but he will make the first Essay of all their Power and Prowess, upon the Provinces of King Charles; He'll attempt the Netherlands, and set upon Naples, that he may recover it, as an Hereditary Kingdom, belonging unto him: And shall we Arm him for the accomplishment of these things? Nor is it to be said, that I am Prophecying of future and uncertain Contingences; for he is already raising an Army. Since therefore the Laws, our Oath, and the Love of our Country, lay an Obligation upon us, I declare it to be my Opinion, that we cannot chuse him. Now will I proceed to the other parts: Some of you, I believe are against the Election of Charles, because Spain lyes at a great distance from us, and that Germany will suffer by his Absence, either through a Turkish War, or Civil Dissensions. For my own part, I not only acknowledge these things to be true, but when also I consider them more attentively, I am stricken with horror and apprehension: For I think with my self, that if the Emperour being any way provoked, should come into Germany and bring Spaniards with him, our Liberty would be in great danger: Nay it runs in my mind too, that the Spaniards will be very loath to part with, or ever restore to us again this Imperial Dignity; but if they chance by their force and valour to recover Milan, will endeavour to keep it to themselves. So that I am almost inclined to think it safest to chuse a fit Person of our own Country, in Imitation of our Progenitors, who passing by Strangers, have been often content with Natives. I would not be thought to deny this; however the State of Affairs had another face then, and the Age was much happier. But now if we have an Emperour weak in Power, do ye think that those of the Netherlands and Austria, the Subjects of Charles of Spain, will be Obedient unto him? Or should the French King make War against Charles, as he certainly will either in Flanders or Italy, must he be an idle Spectator? And must this our new Emperour suffer a great part of the Empire to be dismembred by Foreign Nations? Nay, as the Times are now, it is probable, that the Princes of Germany, despising their own Emperour, will make Alliances and Joyn, some with the Austrians, and others with the French. In the time of the Emperour Frederick III, Charles Duke of Burgundy, made War in Germany, as Philip Maria Duke of Milan did in Italy, without controul, and certainly much to our disgrace: Nay, which was more ignominious, the Emperour was at that time blockt up in Austria, and driven out of his own Country by the Hungarians; and nevertheless the Bohemians were then joyned with him, as were also my Grand-father Albert Marquess of Brandenburg, and Albert Duke of Saxony▪ If that happened then, you see what is to be expected at present, when some will be Pensioners to some, and others to other Princes; not to mention many causes that may intervene, why Princes and Cities will refuse to give obedience. Grievous Troubles and Stirs seem now also to be threatned upon account of Religion; for there are Debates arisen about Indulgences, the Power of the Pope and Ecclesiastical Laws, which look indeed, as yet, as if they were curable, but will in a short time bring along with them great Desolation and Alterations in the Church; for very many espouse that Cause, and especially the Saxons and Switzers, most valiant People; nor can the evil be remedied but by a Council: Now how can an Emperour low in Power, either procure the calling of a Council, or defend it, especially if other Kings oppose the same? There is a Turkish War also to be thought on, and that not only Defensive, but Offensive also, that we may regain what we have lost, and above all things restore Greece to its Liberty. Now for accomplishing of this, there will be need of the Forces of many Nations; And how shall an Emperour of small Power and Authority be able to procure them? For these Reasons then, it is my Judgment, that we should chuse some Potent Prince, and that Charles, Arch-Duke of Austria, ought to be preferred before the other Princes of Germany. As for those Inconveniences which may seem to scare us, I think they are far less than those that would arise, if the chief Government were put into the hands of any other: For he is both a German by Extraction, and has many Provinces holding of the Empire; nor will he permit our common Country to truckle under the Bondage of any, but will give us a solemn Oath, That he shall neither suffer the Empire to be transferred, nor our Rights and Liberties diminished. The Reasons I have alledged, are indeed of very great weight; and yet I should not have been moved by them, if his Temper and Disposition were not known; for he is Religious, Just and Modest, a hater of Cruelty, and a Prince of pregnant Parts. These his Vertues will always mind him of his Duty, and of the Care of the Government. They who know him familiarly, much Extol him; and if we consider his Father [Page 16] Philip, and Grandfather Maximilian, we cannot doubt of the truth of what they say. He is but Young indeed, but however of years fit enough for Business and Action. He will also make use of his Grandfathers Counsellors, and some select Princes of Germany. I told you before, its true, that it will be very inconvenient for the Publick, if he happen to be long absent from Germany: But that shall be provided against by Articles and Conditions made with him beforehand: Besides, seeing he himself hath large Territories in Germany, he must needs come now and then to visit them. The Turk must be driven out of Hungary, the French of Italy; the Church is to be setled and reformed. And when I reflect on these things, I'm the less moved at those inconveniences which his absence threatens, for the natural Briskness and Activity of his Temper, the Love of his Country; nay, and the Necessity of his Affairs, will oblige him now and then to return to us.
When the Archbishop and Elector of Mentz had made an end of s;peaking, The Speech of the Archbishop of Treves. he prayed the rest to speak their Opinions: And his Collegues having spoken in few words, put it to the Electoral Archbishop of Treves to speak next, for he was had in great Reputation upon account of his Industry and Experience. He therefore, having in a short Preamble taken notice of a certain Prophet, who had foretold that Maximilian should be the last German Emperour, Now, said he, things seem to me almost to tend that way, since the Archbishop of Mentz, who hath indeed said many things prudently, is wholly for having the Government of the Empire conferred upon a Stranger. Yet I much wonder that he should prefer the King of Spain before the French King. I am really grieved at the condition and state of Germany; for if we walked in the steps of our Fore-fathers, we should not stand in need of Foreign Protection; but now that we invite in Strangers, what do we do but purchase to our selves Servitude? but setting aside this Complaint, I shall follow the same Order, that the Elector of Mentz hath done, and shall speak first of our Law and Oath. The Reason of the making that Law, in my Opinion, was, Lest if a Stranger, should be chosen, who had no fixed Residence in Germany, the Dignity of the Empire, might be by degrees, transferred to Foreigners. Now if this be the Sense and Meaning of that Law, a Spaniard can no more be chosen than a French-Man; but if Charles may be chosen, because he hath Provinces within the Pale of the Empire, the same must hold also in Francis, who possesses both Lumbardy and the Kingdom of Arles, which are both Parts of our Republick; of the two then proposed, let us see which is most eligible. The Truth is, at that Time when France was joyned to Germany, which was in the Age of the Franks, our Empire was in a most flourishing condition, and I am not a little delighted with the Remembrance of those Times, as often as I fall upon reading the Histories and Transactions of past Ages. Now the very same occasion is again offered unto us, which, I think, ought not to be slighted; Foreign Nations, also, are of the same Opinion, the Pope, Venetians and all the Princes and States of Italy: For the French Nation derives its Original from us, uses almost the same Laws and Customs, and is very loving and kind to our Countrymen, besides its commodiousness for us and Italy because of vicinity: If any Troubles arise, Armies will presently be in readiness, and French Money to pay them: And if the Turk invade either Hungary or Italy, as I am fully persuaded he will, Asia being now in Peace, what can be more desired than to have so flourishing an Emperour near us, backed by the Forces of both Nations? Now though the Spaniards be accounted good Soldiers, yet what great Action did they ever atchieve in Italy, without the Help of the Germans? Besides, seeing they are at a very great Distance from us, we cannot expect any timely Assistance from them; and though they might be willing, yet could they not do us any great good; for since Spain is exhausted by Colonies and Fleets, they constantly send abroad, it cannot spare any great Armies from home. To this it may be added, That we shall have the French for fellow Soldiers, and Companions of all our Labours, whereas, if any thing succeed well with us, the Spaniards will take to themselves all the Glory, enjoy the Fruits of our Victories, and have the Government of our Provinces; but no more of this Comparison, I now come to the Election. If the French King be pitched upon, there will be no cause of War in Italy, for he hath Milan already, and we shall persuade him not to attack Naples; the same also will he do with the Netherlands, provided they'll be quiet. Now, why we should be so much concerned for the Netherlands? I see no reason; They have, indeed, been our Neighbours for a long time, but they have no League nor Alliance with us; and neither think themselves obliged by the Laws of the Empire, nor contribute any [Page 17] thing to publick Taxes, no more than the English or Scots. Since the French King then is very powerful, peaceably enjoys Lombardy, and is provided of all things necessary: He'll undertake far greater and more glorious Actions, I mean a Turkish War, and will employ all his force in beating off the Enemy from Hungary and Italy, that so he may secure the state of Germany. But if he prefer Charles of Spain before him, good God! what Commotions will we raise in Italy? He will attempt the recovery of Milan, occasion a lasting War; and while a most lovely Country is thus harass'd, the Turks will bend all their force against Hungary: Who pray, shall resist these? Who can fit out a competent Army? These are things to be carefully considered, and not slightly pass'd over. Now it is uncertain what may be the issue of an Italian War: For if the French King get the better on't, he will attempt Naples, and it is possible that at his instigation the Pope may annul our Election; and every one is sensible how great Troubles that may occasion. On the other hand, if Charles of Spain be advanced, we are not to expect that Italy will be restored unto us: The Spaniards once in possession, will retain it for ever: Nor that only; but it would be no easie matter neither to get this our Empire out of their hands again. What have they not suffered, that they might preserve Naples, which all Men know how they came by? By no means then are they to be called into Italy. Let me now say a little of both Kings. I make no doubt but Charles is a Prince of a gentle and modest disposition; for so many do commend him: But since he is but as yet a Youth, what Judgment can be made of those Vertues in him, which are required to be in an Emperour? The Publick stands in need of such a Prince, who besides other things may settle and reform the state of the Church, as the Elector of Mentz wisely hinted. Now of all Men, King Francis is most capable of effecting this; for he is a Prince both of Wit and Judgment, uses to confer often with Learned Men about Religion, and reads many Books himself. Besides, the present state of Affairs requires a Prince and General who is an expert Soldier, diligent and fortunate: And who pray upon this occcasion can outvie King Francis? His Valour is already known and tried, and he surpasses all his Ancestors in the greatness of his Actions; for he lately overcame in Battel the Switzers, a most Warlike People, and since the time of Julius Caesar, almost invincible. A Youth then is not to be preferred before so great a Commander. The Elector of Mentz confesses indeed that it would be inconvenient, if Charles should continue long out of Germany; but bids us set our minds at rest for all that. However, for my part, I look upon it to be a Matter of the highest Danger, that an Emperour should remain a long while out of the Borders of the Empire; For who will withstand the sudden Irruptions of the Turks, who will restrain unexpected Tumults, Quarrels, and Civil Commotions? Who will, if a Storm arise, guide the Ship in the Pilot's absence? When he is absent, he will have no certain intelligence of our Affairs; many things will be falsely reported unto him; no Germans, but only Spaniards, will be of his Council: He will now and then make Edicts, and send them to us in a most unseasonable time; and if being provoked by the Calumnies and Accusations of malicious Men, he chance afterwards to come into Germany with an Army of Strangers at his back, What think you will be the fortune of the Empire then? Wherefore if it seems good to you, and if Fate will so have it, that at this time a Foreign King should put our Crown upon his Head, I am clearly of the Opinion, that the French should be preferred before the Spaniard: But if the Law be against the chusing of the French King, it is no less against the King of Spain; nor are we by any nice Interpretation to take King Charles for a German, but rather to find out some Prince, who hath no Residence but in Germany, and who is a German by Birth, Manners, Humour and Language. Against this the Archbishop of Mentz hath started many Inconveniences, and thinks, That by reason of Weakness and low Fortune, such an Emperour will be contemptible; but if we chuse a fit Person, Germany is strong and powerful enough to bear that Burthen. Rodolph I, the eleventh Emperour before Maximilian, brought no great strength with him to the Throne; but he was a Virtuous and Valient Prince, and raised the Empire, which was then sunk very low, and harassed by many Wars, to such a state, that it became formidable to all the Kings about it. Nor do I think you are ignorant what a high Opinion Foreign Princes, and among these, Lowis XII, of France, conceived of the Emperour Maximilian, only because of his Parts and Valour: Great hath always been the Fame and Reputation of the German Princes, which is not extinct as yet, but is still fresh and green; and among others, there are at this Day three chief Families in [Page 18] Germany, Bavaria, Saxony and Brandenburgh, and some excellent and deserving Men of them. If then, we can agree, and chuse one of them, and, as we ought, assist him with our Forces, we need not be afraid of Foreigners; for, provided we be unanimous among our selves, all will be well enough; wherefore, passing by all Strangers, let us chuse one among our selves, we need not doubt of success; and we can produce many Domestick Instances of our own Fortitude and Behaviour, of which I shall now only mention one. Matthias King of Hungary, a potent and fortunate Warrior, once declared War against your Father Duke Frederick; but when he saw a good Army ready to oppose him, his Heat and Courage was soon cooled. So, also, I think, a way may be found out now, that an Emperour chosen of our own Country, may retain his Authority both at Home and abroad.
In the third Place, The Vote of Frederick Elector of Saxony. spake Frederick Duke of Saxony; and having represented to the Colledge, That the French King was excluded by Law, but that Charles was a German Prince, and had a Residence and Habitation in Germany; he told them, That the Body Politick stood in need of a very powerful Head, but that he knew none that was to be compared to Charles; that therefore his Judgment was, That he should be declared Emperour, but yet on certain Conditions, both that Germany might be secured of its Liberty, and the Dangers which had been mentioned, avoided. When the rest, had at length, approved this Opinion: How, said the Elector of Treves, do I foresee the Fate of Germany, and a Change a coming! But since it seems good to you, Charles of Austria chosen Emperour. I will not oppose your Judgment. This was on the twenty eighth Day of June. It was now late Night, and therefore they broke up, but met again next Day: Then it began to be debated, What Conditions were to be offered to Charles, the Emperour Elect; and this Debate continued for some Days; when, at length, the Conditions were agreed upon, they were drawn up in Writing, and sent to Mentz, to his Ambassadours: When they had received them, the several Voices were set down in Writing, and as the Custom is, signed and Sealed. The Day before, the Empire had been offered to Frederick Elector of Saxony, but he bravely refused it, and, as has been said, gave his Vote for Charles of Spain; and when, upon that Account, the Ambassadours of Charles offered him a great summ of Money, he not only rejected it, but commanded all about him, likewise, not to take a Farthing.
The Nobility, and all the People, being afterwards called together, the Archbishop of Mentz, in a speech, made to them in S. Bartholomew's Church, declared, That Charles Archduke of Austria, and King of Spain, was chosen King of the Romans, in the place of Maximilian deceased; that they ought to give God thanks, that he had been so unanimously chosen, and exhorted them to be Faithful and Obedient to him. Then running out in his Praises, he gave them the Reasons, why they had chosen him of all others; which was received by the States and People, with Humming and Applause. Afterwards, the Ambassadours, who had drawn nearer, and were now but at a Miles Distance, were sent for. These were Matthew Cardinal of Saltzburg, Erard Bishop of Liege, Bernard Bishop of Trent, Frederick Prince Palatine, Casimire, Marquess of Brandenburg, Henry, Count of Nassaw, Maximilian of Sibenburg, and some other Counsellors: These being come, and having consulted with the rest, about the Administration of the Government, till the Emperour Charles should come into Germany, Prince Cassimire was appointed to raise Forces so, and to post them, that the Publick might receive no Damage in the mean while: Afterwards the Electors wrote Letters, and sent Ambassadours to the Emperour into Spain, to acquaint him with all that had been done. The chief of the Ambassie was Frederick Prince Palatine; but in the mean time, some Messengers were privately dispatched with the News, of whom one is said to have posted from Frankford to Barcelona in nine Days time. The Prince Palatine arrived about the latter end of November, The Elector's Letter to the Emperour. and delivered the Elector's Letters; the summ whereof was, That he would be pleased to accept of the Empire that was offered unto him, and all Delay laid aside, to come with all speed into Germany.
The Emperour made a Generous Answer, His Answer. by the Mouth of Mercurine Cattinario, That though great Troubles seemed to be threatned on the one Hand from the Turks, and on the other from the French, yet he neither could nor would be wanting to their common Country, especially when so great Princes made such a Judgment of him, and required that at his Hands; that therefore he accepted the Honour and Charge that was offered him, and would put to Sea with [Page 19] the first Opportunity, in order to his coming into Germany. Much in the same Words, also, he wrote back to the Electors, and so, having nobly presented Prince Frederick, he dismissed him. Thus, then, was he made Emperour, the Fifth of that Name, at the Age of nineteen Years.
The French King was the more troubled at this Repulse, The French King vexed that Charles should be preferred before him. that he knew his Affairs were thereby exposed to greater Danger; for he had rather that any Man should have had that Dignity than Charles of Spain, whose Power being already suspected by him, he saw, now by this means, mightily encreased and confirmed. He had been at vast Charges, and very free of his Gold, in making Friends to promote his Designs: The same is said to have been done also by the Flemings; but of this I dare not be positive. But let us trace back a little the Genealogie of Charles▪
Charles V of France, The Genealogy of Charles, the Emperour. called the Sage, gave to his youngest Brother Philip, the Dutchy of Burgundy, that had fallen unto him; Philip afterward married Margaret, the only Daughter of Lewis Earl of Flanders, and had by her a Son, John; to him was born Philip, the Father of Charles the Hardy, who being killed before Nancy, left behind him a Daughter, Mary, the Heiress of vast Territories: She, at length, was married to Maximilian, the Son of the Emperour Frederick III, and bore to him Philip, who married Jane, Daughter to Ferdinand, King of Spain, by whom he had Charles and Ferdinand; the Infanta Jane, being with Child, went to Ghent, and was there brought to Bed of Charles, on February 24, 1500. Here we must say somewhat, by the by, of Ferdinand the Emperour's Grand-Father, by the Mother: He was King of Arragon and Sicily, and had in Marriage Isabel, the Daughter and Heiress of John II, King of Spain, having afterwards obtained the Kingdom of Naples also: Now the Children he had by her, were John, Isabel, Jane, Mary and Catharine; John and Isabel dying without Issue, the whole Succession of the Kingdom, by the Laws of the Country, fell to the next Sister Jane, and by this means all the Inheritance of the Duke of Burgundy a most powerful Prince, and of Ferdinand King of Spain, descended to Charles the Son of Jane; for in the Division of the Inheritance, the Possessions of the House of Austria fell to Ferdinand. So that for many Ages Germany had not had a more Powerful Emperour. Charles lost his Father, when he was a Child of six Years of Age, and his Grand-father Ferdinand, when he was about sixteen; after whose Death, he went into Spain, and there continued, till being chosen Emperour, he came into Germany, The way of chusing the Emperour. as shall be said hereafter. And since we are now come to this Place, it will not be amiss to say somewhat of the manner of chusing the Emperour. Charles King of Bohemia, and the fourth Emperour of that Name, in the Year of our Lord 1356, The Heads of the Golden Bull. made a Law concerning this, which is called Bulla Aurea, the Golden Bull Or Charter, because it was sealed with a Seal of Gold instead of Wax. These, among others, are the Heads of that Law; That when the Emperour Dies, the Archbishop of Ments, so soon as he comes to know of it, shall presently Summon the rest of the Electors, to meet, within three Months, on a certain Day, at Frankford, or to send their Deputies with full Power and Commission, for chusing the Emperour or King of the Romans: That if the Archbishop of Mentz should be negligent, his Colleagues, nevertheless, should meet within the time aforesaid, accompanied with not above two hundred Horse a piece, when they enter the Town, and of them only fifty with Arms. He who neither comes nor sends his Deputy, or departs before the Business is done, is to lose his right of Election for that time: That the Magistrates of Frankford be true and faithful to the Electors, and during their Assembly, suffer none besides the Electors and their Families, to enter the Town. When they are met, they are to hear Mass in S. Bartholomew's Church, for imploring the Assistance and Grace of the Holy Ghost; and then take an Oath to be tendred unto them by the Archbishop of Mentz, That they shall not act by vertue of any Compact, Bribe, Promise or Gratuity: afterwards they are to fall to the Business, and not depart before an Emperour be chosen; that if the matter be protracted longer than thirty Days, they shall have no Victuals but Bread and Water allowed them: He who is chosen by the greater Part, shall be in the same condition, as if he had been elected nemine contradicente. The Emperour being in this manner chosen, the first thing he is to do, is, To confirm to the Electors all their Priviledges, and whatever concerns their Dignity, Honour, Liberty and Immunity. It is, moreover, provided and enacted, that they mutually allow one another free Passage through their Territories, what Place they are severally to have in the Dyets and Assemblies of the Empire, how Votes are to be taken, and what their several Places and Charges are, when the Emperour Dines, [Page 20] or does any thing else in publick. Moreover, that in the time of an interreign, the Elector Palatine shall have the administration of the Government in Schwabia, Franconia, and the Circle of the Rhine; and the Elector of Saxony in the Circle of Saxony; that upon the death of an Elector, his eldest Son or Brother-german shall succeed to him; that if an Elector be under the Age of eighteen Years, his nearest Kinsman, by the Father's side, shall supply his Place, until he be of Age; that the Electors meet yearly, and consult of the Affairs of the Publick; that Frankford be the Place of Election, but Aix la Chapelle the Place of the first Instalment; and Sclavonian Languages, that they may be able to discourse with many Nations.
We spoke before of the Conditions prescribed by the Electors, The Conditions prescribed to the Emperour Charles V. which the Emperour's Ambassadours ratified, and, as is customary, gave Security in his Name, under Hand and Seal, for performing the same. Now they were these, That he shall protect and defend Christendom, the Pope, and Church of Rome, whereof he is the Advocate; that he shall equally administer Justice, and maintain Peace; that he shall not only confirm the Laws of the Empire, especially that which they call the Golden Bull, but also, when there is occasion, with their Consent, amplifie and enlarge them; that he shall chuse and appoint a Council of Germans, to govern the State; that he shall not alter nor diminish the Rights, Priviledges, Dignities and Immunities of the Princes and States of the Empire; that it shall be lawful for the Electors, to meet together upon occasion, and consult about publick Affairs; and that he shall in no ways hinder them to do so, nor take it ill when they do; that he shall rescind and annul the Leagues and Associations of the People or Nobility made against the Princes, and make a Law, that no such be made for the future; that he shall make no League or Compact, relating to the Affairs of the Empire, with Strangers, but with the Consent of the Electors; that he shall neither sell nor mortgage the Publick Lands and Revenues of the Empire, nor any ways imbezil them; and that he shall, with the first Occasion, regain those Lands or Goods that have been invaded and possessed by other Nations, or have been dismembred from the Empire, but so still, that it be not prejudicial to those who are supported by Right or Priviledge; That if he himself also, or any of his Family possess any thing belonging to the Empire, not lawfully purchased, he shall, being demanded by the Electors, restore the same; that he shall live in Peace with his Neighbours and other Kings, and not make War, either within or without the Limits of the Empire, for the publick concerns thereof, without the Advice and Consent of all the States, especially of the Electors; that he shall not bring any Foreign Soldiers into Germany, unless the States be willing; but that if either he himself, or the Empire, be attacked by War, he may make use of any Assistance; that he shall not call a Dyet of the Empire, nor impose any Taxes, but with the consent of the Electors; neither shall he hold Dyets without the Limits of the Empire; that in publick Affairs he shall not employ Strangers, but Germans chosen from among the Nobility, and that all publick Writings shall be made in Latin or the Vulgar Language; that he shall not summon any of the States to answer in Law, without the Bounds of the Empire; that seeing many things are acted at Rome, contrary to former Agreements made with the Popes, he shall negotiate with the Pope, That no encroachment be made upon the Priviledges and Liberty of the Empire; that he shall advise with the Electors, How the Monopolies of Merchants, that are very pernicious to Germany, may be restrained, and bring that matter, which hath been often stated before them, to an Issue; that he shall impose no Toll nor Customs, without the consent of the Electors, nor by Grants and Patents, lessen or prejudice the Customs belonging to the Electors upon the Rhine; that if he have any Action or Suit against any of the States, he shall try it by Law, but shall not use Force against those, who offer to stand a fair Tryal; that he shall not put any Man to the Ban of the Empire, without a hearing, but therein follow the course of Law; that he shall not bestow upon any Person the vacant Goods and Revenues of the Empire, but reserve them for the publick; that if he acquire any Foreign Province, by the Help of the States, he shall annex it to the Empire; that if he recover any thing that belongs to the Publick, by his own Forces, he shall restore it to the Commonwealth; that he shall Confirm and Ratifie what the Electors Palatine and Saxony have acted in Publick Affairs, during the interreign; that he shall entertain no Counsils nor Design of making the Imperial Dignity proper and Hereditary to his own Family, but shall leave the Electors in full and free Power of Election, according to the Statute [Page 21] of Charles IV, and the Provision of the Canon Law; that what is done otherwise, shall be void and null; that with the first Opportunity he shall come into Germany to be Installed.
When his Ambassadours, had upon Oath confirmed and approved these Conditions, in his Name, as hath been said, they gave every one of the Electors an Instrument of the same under hand and Seal: And this was done on July 3. What they said of the Cannon Law, refers to the Decretal Epistle of Pope Innocent III, which grants, That the Electoral Princes of Germany have the right of chusing the Emperour, and that the Imperial Dignity does not depend on Succession, but Election. Now Pope Innocent lived about the Year of our Lord 1200. But let us return again to Luther.
Much about that Time, Erasmus his Judgment of Luther, to the Elector of Saxony. Erasmus of Roterdam, writing from Antwerp to Frederick Elector of Saxony, among other things, takes notice also of Luther, whose Books, he said, were read with great Applause by Good and Learned Men, and that no Man censured his Life, as being free from all Suspicion either of Covetousness or Ambition; but that the Divines of Lovain, hearing that he was much born down by the Authority of Cardinal Cajetane, did now triumph, and rail against him in all their Sermons, and at their Feasts, as if he were an Heretick, and the Antichrist: That he was much displeased thereat, especially, seeing he had but proposed some things for Disputation sake, and had submitted himself to the Judgment of those, both to whom he ought, and to whom he ought not; but that they had neither admonished the Man Friendly, nor as yet taught him, nor convinced him of his Errour, but only made a turbulent and seditious Noise and Clamour about the Matter, which was a way of Proceeding altogether unworthy of Men that made Profession of the Christian Religion, but especially Divines; for that no Man was to be rashly accused of Heresie. He writes also to the Archbishop of Mentz, and Cardinal Campegio; As also to Luther. To the same effect he wrote also to the Archbishop of Mentz and Cardinal Campegio, and in his Letter enveighs against those Sophistical Divines and Monks, who could not endure the Study of Languages and Eloquence, nor of sound Doctrine. He wrote, in like manner, to Luther at that time, telling him, That he had received his Letter, which shewed both a sharp Wit, and Christian Disposition; but that his Books had raised a sad Tragedy in those Parts, and that, for them, he lay under both the Envy and Suspicion of the Divines, who would admit of no Excuse at his Hands: That there were many Men in England, and of great note too, who had a great esteem for his Writings; that he himself, also, had perused his Commentaries upon the Psalms, and hoped they might prove of great use to others, as well as to himself, who was exceedingly pleased with them; but that there was one thing, that he would have him admonished of, and that was, That more might be done by a civil Modesty, than by Transports and Heat; that he ought rather to thunder against those who abused the Authority of Popes, than against the Popes themselves; that about inveterate things, which cannot be suddenly pluck'd out, it is better to dispute with pithy and close Arguments, than to assert positively; and that in this Case, the Passions and Affections must be laid aside: That he gave him this Admonition, not that he might learn what he was to do, but that he should proceed as he had begun.
Luther's Doctrine, A Disputation at Leipsick betwixt Luther and Eckius. having in this manner caused much Strife and Contention, and raised him many Enemies, there was a Disputation appointed to be at Leipsick, a Town in Misnia, belonging to George Duke of Saxony, Cousin-german to the Elector Frederick; thither came Luther, and with him, Philip Melanchthon, who the Year before came to Wittemberg, being sent for by Duke Frederick, to be Professour of the Greek Language there; thither came also John Eckius, a bold and confident Divine. On the Day appointed, which was July 4, the Disputation was begun by Eckius, who having proposed some Positions to be debated, made this his last; That they who affirmed, that before the time of Pope Silvester, the Church of Rome was not the first of all Churches, did err; for that he who attained to the See and Faith of S. Peter, the Prince of the Apostles, was always acknowledged for the Successor of S. Peter, and the Vicar of Christ upon Earth. The contrary Position to this was published by Luther, to wit; That they who attributed Primacy to the Church of Rome, had no other Ground for it, but the bare and insipid Decretals of the Popes, made about four hundred Years ago; but that these Decretals were repugnant, not only to all Histories, written a thousand Years since, but also to Holy Scripture, and the Council of Nice, the most Famous of all Councils. Eckius then entring upon the Dispute, laid hold of that last Position, [Page 22] and would begin the Debate about the Authority and Primacy of the Pope of Rome; but Luther having made a short Preface, said, That he had rather that that Argument, as being very Odious, and not at all Necessary, might have been waved, and that for the sake of the Pope; that he was sorry he should have been drawn into it by Eckius, and that he wished now his Adversaries were present, who having grievously accused him, and now shunn'd the Light, and a fair Tryal of their Cause, did not do well. Eckius also having made a Preamble, declared, That he had not raised this Bustle and Stir, but that it was Luther, who in his first Explication of his Theses, had denyed, That before Silvester's time, the Pope of Rome preceded the rest in Order and Dignity, and had averred before Cajetane, That Pope Pelagius had wrested many Places of Scripture according to his own Pleasure; which being so, that all the Fault lay at his Door. The first Debate then was about the Supremacy of the Pope of Rome, which Eckius said was instituted by Divine Right, and called Luther, who denyed it, a Bohemian, because Huss had been heretofore of the same Opinion. Luther, to justifie himself from this Accusation, proved, That the Church of Christ had been spread and propagated far and near, twenty Years before S. Peter constituted a Church at Rome; that this then was not the First and Chief Church by Divine Right. Afterwards Eckius impugned Luther's other Positions, of Purgatory, Indulgences, Penance, the Pardon of the Guilt, and Remission of the Punishment of Sin, and of the Power of Priest. At length, on the fourteenth Day, ended the Dispute, which had been appointed, not upon the account of Luther, but of Andrew Carolstad, though Luther came to it in company of Carolstad, only to hear; but being drawn in by Eckius, who had procured a Safe-Conduct for him from Duke George, he entred the Lists of Disputation; for Eckius was brisk and confident, because of the Nature of the Subject, wherein he promised himself certain Victory. Luther afterwards published the whole Conference and Debate, and by an ingenious Animadversion, upon the Writings and Sayings of his Adversaries, gathered several Heads of Doctrine, downright Heretical, as he said; That so he might make it appear, That whilst they spoke and wrote any thing in Favour of the Pope, and were transported with the Zeal of defending their Cause, they interspersed many things, which being narrowly inspected, contained a great deal of Errour and Impiety.
Vlrick Zuinglius taught at that time at Zurich in Suitzerland, Zuinglius preaches at Zurich. whither he came, upon a call, in the beginning of this Year, having before preached at Claris, and in the Desert of our Lady, as they call it. Not long after Fryer Samson, a Franciscean of Milan, came thither also, being sent by the Pope to preach up Indulgences, and squeeze Money from the People. Zuinglius stoutly opposed him, and publickly called him an Imposter.
Ferdinando Frat: Imp: Commisit VII o Sept. MDLVI Obijt XXI Sept MDLVIII