44. A Bulky, Scurrilous Document
The Confutation, compiled by Eck and Faber from various contributions of the Confutators, was ready by the 8th of July, and was presented to the Emperor on the 12th or 13th. The German translation was prepared by the Bavarian Chancellor, Leonhard von Eck. July 10 Brenz had written: "It is reported that they are preparing wagonloads of commentaries against our Confession." (C. R. 2, 180.) Spalatin reports that the Confutators delivered to the Emperor "a pile of books against Doctor Martin with most scurrilous titles." The chief document was entitled: "Catholic and, as it were, Extemporaneous Response concerning Certain Articles Presented in These Days at the Diet to the Imperial Majesty by the Illustrious Elector of Saxony and Certain Other Princes as well as Two Cities. Catholica et quasi extemporanea Responsio super nonnullis articulis Caesareae Maiestati hisce diebus in dieta imperiali Augustensi per Illustrem Electorem Saxoniae et alios quosdam Principes et duas Civitates oblatis." It was supplemented by nine other treatises on all manner of alleged contradictions and heresies of Luther and Anabaptistic as well as other fruits of his teaching. (Laemmer, 37, C. R. 2, 197.) The pasquinade with its supplements comprised no less than 351 folios, 280 of which were devoted to the answer proper. Cochlaeus also designates it as "very severe and extended, acrior extensiorque." July 14 Melanchthon reported he had heard from friends that the Confutation was "long and filled with scurrilities." (193. 218.) July 15: "I am sending you [Luther] a list of the treatises which our opponents have presented to the Emperor, from which you will see that the Confutation is supplemented by antilogs and other treatises in order to stir up against us the most gentle heart of the Emperor. Such are the stratagems these slanderers (sycophantae) devise." (197.)
The effect of the Confutation on the Emperor, however, was not at all what its authors desired and anticipated. Disgusted with the miserable bulky botch, the Emperor convened the estates on July 15, and they resolved to return the bungling document to the theologians for revision. Tone, method, plan, everything displeased the Emperor and estates to such an extent that they expunged almost one-third of it. Intentionally they ignored the nine supplements and demanded that reflections on Luther be eliminated from the document entirely; moreover, that the theologians confine themselves to a refutation of the Augustana. (Laemmer, 39.) Cochlaeus writes: "Since the Catholic princes all desired peace and concord, they deemed it necessary to answer in a milder tone, and to omit all reference to what the [Lutheran] preachers had formerly taught and written otherwise than their Confession stated." (Koellner, 406.) In a letter to Brueck he declared that such coarse extracts and articles [with which the first draft of the Confutation charged Luther] should not be mentioned in the reply to the Confession, lest any one be put to shame or defamed publicly. (Laemmer, 39.)
In his Annals, Spalatin reports: "At first there were perhaps 280 folios. But His Imperial Majesty is said to have weeded out many folios and condensed the Confutation to such an extent that not more than twelve folios remained. This is said to have hurt and angered Eck severely." (St. L. 21a, 1539.) In a letter to Veit Dietrich, dated July 30, Melanchthon remarks sarcastically: "Recently Eck complained to one of his friends that the Emperor had deleted almost the third part of his treatise, and I suspect that the chief ornaments of the book were rooted out, that is, the glaring lies and the most stupid tricks, insignia mendacia et sycophantiae stolidissimae." (C. R. 2, 241.) Brenz regarded this as an evidence of the extent to which the Augustana had perturbed the opponents, leaving them utterly helpless. July 15 he wrote to Isemann: "Meanwhile nothing new has taken place in our midst, except that I heard that the confession of the sophists was to-day returned by the Emperor to its authors, the sophists, and this for the reason that it was so confused, jumbled, vehement, bloodthirsty, and cruel (confusa, incordita, violenta, sanguinolenta et crudelis) that he was ashamed to have it read before the Imperial Senate… We experience daily that we have so bewildered, stunned, and confused them that they know not where to begin or to end." (198.) "Pussyfooting (Leisetreten)!" – such was the slogan at Augsburg; and in this Melanchthon was nowhere equaled. Privately also Cochlaeus elaborated a milder answer to the Lutheran Confession. But even the friends who had induced him to undertake this task considered his effort too harsh to be presented to the Emperor.
The first, rejected draft of the Confutation has been lost, with the sole exception of the second article, preserved by Cochlaeus. On the difference between this draft and the one finally adopted, Plitt comments as follows: "The Confutation as read simply adopted the first article of the Confession [Augustana] as in complete agreement with the Roman Church. The original draft also approved this article's appeal to the Council of Nicaea, but added that now the Emperor should admonish the confessing estates to accept everything else taught by the Catholic Church, even though it was not verbally contained in the Scriptures, as, for example, the Mass, Quadragesimal fasting, the invocation of the saints, etc.; for the wording of the doctrine of the Trinity could be found in the Scriptures just as little as that of the points mentioned, furthermore, that he also call upon them to acknowledge said Synod of Nicaea in all its parts, hence also to retain the hierarchical degrees with their powers; that he admonish them to compel their preachers and teachers to retract everything which they had said and written against that Synod, especially Luther and Melanchthon, its public defamers. Refusal of such retraction would invalidate their appeal to that Synod and prove it to be nothing but a means of deception. Finally they were to be admonished not to believe their teachers in anything which was against the declarations of the Church catholic. Such was the form in which the first draft of the Confutation was couched. Everywhere the tendency was apparent to magnify the differences, make invidious inferences, cast suspicion on their opponents, and place them in a bad light with the Emperor and the majority. This was not the case in the answer which was finally read." (37.)
45. Confutation Adopted and Read
Only after repeated revisions in which Campegius and the imperial counselors Valdes and Granvella took part was an agreement reached regarding the form of the Confutation. July 30 the Emperor received the fourth revision and on August 1 he presented it to the bishops, princes, and estates for their opinion. There still remained offensive passages which had to be eliminated. A fifth revision was necessary before the approval of the Emperor and the estates was forthcoming. A Prolog and an Epilog were added according to which the Confutation is drawn up in the name of the Emperor. Thus the original volume was boiled down to a comparatively small document. But to speak with Kolde, even in its final form the Confutation is "still rather an accusation against the Evangelicals, and an effort to retain all the medieval church customs than a refutation of the Augustana." (34.) August 6 Jonas wrote to Luther: "The chaplain [John Henkel] of Queen Maria informed us that they had five times changed their Confutation, casting and recasting, minting and reminting it, and still there finally was produced nothing but an uncouth and confused conglomeration and a hodgepodge, as when a cook pours different soups into one pot. At first they patched together an enormous volume, as Faber is known to be a verbose compiler; the book grew by reason of the multitude of its lies and scurrilities. However, at the first revision the Emperor eliminated the third part of the book, so that barely twelve or sixteen folios remained, which were read." (St. L. 21a, 1539.)
On August 3, 1530, in the same hall in which the Augsburg Confession had been submitted thirty-eight days before, in the presence of all the estates of the empire, the Augustanae Confessionis