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Luther's Theses are singularly unlike what might have been expected from a Professor of Theology. They lack theological definition, and contain many repetitions which might have been easily avoided. They are simply ninety-five sturdy strokes struck at a great ecclesiastical abuse which was searing the consciences of many. They look like the utterances of a man who was in close touch with the people; who had been greatly shocked at reports brought to him of what the pardon-sellers had said; who had read a good many of the theological explanations of the practice of Indulgence, and had noted down a few things which he desired to contradict. They read as if they were meant for laymen, and were addressed to their common sense of spiritual things. They are plain and easily understood, and keep within the field of simple religion and plain moral truths.

The Theses appealed irresistibly to all those who had been brought up in the simple evangelical faith which distinguished the quiet home life of so many German families, and who had not forsaken it. They also appealed to all who had begun to adopt that secular or non-ecclesiastical piety which, we have seen, had been spreading quietly but rapidly throughout Germany at the close of the Middle Ages. These two forces, both religious, gathered round Luther. The effect of the Theses was almost immediate: the desire to purchase Indulgences cooled, and the sales almost stopped.

The Ninety-five Theses made six different assertions about Indulgences and their efficacy:

i. An Indulgence is and can only be the remission of a merely ecclesiastical penalty; the Church can remit what the Church has imposed; it cannot remit what God has imposed.

ii. An Indulgence can never remit guilt; the Pope himself cannot do such a thing; God has kept that in His own hand.

iii. It cannot remit the divine punishment for sin; that also is in the hands of God alone.

iv. It can have no efficacy for souls in Purgatory; penalties imposed by the Church can only refer to the living; death dissolves them; what the Pope can do for souls in Purgatory is by prayer, not by jurisdiction or the power of the keys.

v. The Christian who has true repentance has already received pardon from God altogether apart from an Indulgence, and does not need one; Christ demands this true repentance from every one.

vi. The Treasury of Merits has never been properly defined, it is hard to say what it is, and it is not properly understood by the people; it cannot be the merits of Christ and of His saints, because these act of themselves and quite apart from the intervention of the Pope; it can mean nothing more than that the Pope, having the power of the keys, can remit ecclesiastical penalties imposed by the Church; the true Treasure-house of merits is the Holy Gospel of the grace and glory of God.

The Archbishop of Mainz, finding that the publication of the Theses interfered with the sale of the Indulgences, sent a copy to Rome. Pope Leo, thinking that the whole thing was a monkish quarrel, contented himself with asking the General of the Augustinian Eremites to keep his monks quiet. Tetzel, in conjunction with a friend, Conrad Wimpina, published a set of counter-theses. John Mayr of Eck, professor at Ingolstadt, by far the ablest opponent Luther ever had, wrote an answer to the Theses which he entitled Obelisks;163 and Luther replied in a tract with the title Asterisks. At Rome, Silvester Mazzolini (1460-?) of Prierio, a Dominican monk, papal censor for the Roman Province and an Inquisitor, was profoundly dissatisfied with the Ninety-five Theses, and proceeded to criticise them severely in a Dialogue about the Power of the Pope; against the Presumptuous Conclusions of Martin Luther. The book reached Germany by the middle of January 1518. The Augustinian Eremites held their usual annual chapter at Heidelberg in April 1518, and Luther heard his Theses temperately discussed by his brother monks. He found the opposition to his views much stronger than he had expected; but the discussion was fair and honest, and Luther enjoyed it after the ominous silence kept by most of his friends, who had thought his action rash. When he returned from Heidelberg he began a general answer to his opponents. The book, Resolutiones, was probably the most carefully written of all Luther's writings. He thought long over it, weighed every statement carefully, and rewrote portions several times. The preface, addressed to his Vicar-General, Staupitz, contains some interesting autobiographical material; it was addressed to the Pope; it was a detailed defence of his Theses.164

The Ninety-five Theses had a circulation which was, for the time, unprecedented. They were known throughout Germany in a little over a fortnight; they were read over Western Europe within four weeks “as if they had been circulated by angelic messengers,” says Myconius enthusiastically. Luther was staggered at the way they were received; he said that he had not meant to determine, but to debate. The controversy they awakened increased their popularity. In the Theses, and especially in the Resolutiones, Luther had practically discarded all the practices which the Pope and the Roman Curia had introduced in the matter of Indulgences from the beginning of the thirteenth century, and all the ingenious explanations Scholastic theologians had brought forward to justify these practices. The readiest way to refute him was to assert the power of the Roman Bishop; and this was the line taken by his critics. Their arguments amount to this: the power to issue an Indulgence is simply a particular instance of the power of papal jurisdiction, and Indulgences are simply what the Pope proclaims them to be. Therefore, to attack Indulgences is to attack the power of the Pope, and that cannot be tolerated. The Roman Church is virtually the Universal Church, and the Pope is practically the Roman Church. Hence, as the representative of the Roman Church, which in turn represents the Church Universal, the Pope, when he acts officially, cannot err. Official decisions are given in actions as well as in words, custom has the force of law. Therefore, whoever objects to such a long-established system as Indulgences is a heretic, and does not deserve to be heard.165

But the argument which appealed most powerfully to the Roman Curia was the fact that the sales of the Papal Tickets had been declining since the publication of the Theses. Indulgences were the source of an enormous revenue, and anything which checked their sale would cause financial embarrassment. Pope Leo x. in his “enjoyment of the Papacy” lived lavishly. He had a huge income, much greater than that of any European monarch, but he lived beyond it. His income amounted to between four and five hundred thousand ducats; but he had spent seven hundred thousand on his war about the Duchy of Urbino; the magnificent reception of his brother Julian and his bride in Rome (1514) had cost him fifty thousand ducats; and he had spent over three hundred thousand on the marriage of his nephew Lorenzo (1518). Voices had been heard in Rome as well as in Germany protesting against this extravagance. The Pope was in desperate need of money. It is scarcely to be wondered that Luther was summoned to Rome (summons dated July 1518, and received by Luther on August 7th) to answer for his attack on the Indulgence system. To have obeyed would have meant death.

The peremptory summons could be construed as an affront to the University of Wittenberg, on whose boards the Ninety-five Theses had been posted. Luther wrote to his friend Spalatin (George Burkhardt of Spalt, 1484–1545), who was chaplain and private secretary to the Elector Frederick, suggesting that the prince ought to defend the rights of his University. Spalatin wrote at once to the Elector and also to the Emperor Maximilian, and the result was that the summons to Rome was cancelled, and it was arranged that the matter was to be left in the hands of the Papal Legate in Germany, Thomas de Vio, Cardinal Cajetan166 (1470–1553), and Luther was ordered to present himself before that official at Augsburg. The interview (October 1518) was not very satisfactory. The cardinal demanded that Luther should recant his heresies without any argument. When pressed to say what the heresies were, he named the statement in the 58th Thesis that the merits of Christ work effectually without the intervention of the Pope, and that in the Resolutiones which said that the sacraments are not efficacious apart from faith in the recipient. There was some discussion notwithstanding the Legate's declaration; but in the end Luther was ordered to recant or depart. He wrote out an appeal from the Pope ill-informed to the Pope well-informed, also an appeal to a General Council, and returned to Wittenberg.

When Luther had posted his Theses on the doors of the Church of All Saints, he had been a solitary monk with nothing but his manhood to back him; but nine months had made a wonderful difference in the situation. He now knew that he was a representative man, with supporters to be numbered by the thousand. His colleagues at Wittenberg were with him; his students demonstratively loyal (they had been burning the Wimpina-Tetzel counter-theses); his theology was spreading among all the cloisters of his Order in Germany, and even in the Netherlands; and the rapid circulation of his Theses had shown him that he had the ear of Germany. His first task, on his return to Wittenberg, was to prepare for the press an account of his interview with Cardinal Cajetan at Augsburg, and this was published under the title, Acta Augustana.

Luther was at pains to take the people of Germany into his confidence; he published an account of every important interview he had; the people were able to follow him step by step, and he was never so far in advance that they were unable to see his footprints. The immediate effect of the Acta Augustana was an immense amount of public sympathy for Luther. The people, even the Humanists who had cared little for the controversy, saw that an eminently pious man, an esteemed teacher who was making his obscure University famous, who had done nothing but propose a discussion on the notoriously intricate question of Indulgences, was peremptorily ordered to recant and remain silent. They could only infer that the Italians treated the Germans contemptuously, and wished simply to drain the country of money to be spent in the luxuries of the papal court. The Elector Frederick shared the common opinion, and was, besides, keenly alive to anything which touched his University and its prosperity. There is no evidence to show that he had much sympathy with Luther's views. But the University of Wittenberg, the seat of learning he had founded, so long languishing with a very precarious life and now flourishing, was the apple of his eye; and he resolved to defend it, and to protect the teacher who had won renown for it.

The political situation in Germany was too delicate, and the personal political influence of Frederick too great, for the Pope to act rashly in any matter in which that prince took a deep interest. The country was on the eve of an election of a King of the Romans; Maximilian was old, and an imperial election might occur at any time; and Frederick was one of the most important factors in either case. So the Pope resolved to act cautiously. The condemnation of Luther by the Cardinal-Legate was held over, and a special papal delegate was sent down to Germany to make inquiries. Every care was taken to select a man who would be likely to be acceptable to the Elector. Charles von Miltitz, a Saxon nobleman belonging to the Meisen district, a canon of Mainz, Trier, and Meissen, a papal chamberlain, an acquaintance of Spalatin's, the Elector's own agent at the Court of Rome, was sent to Germany. He took with him the “Golden Rose” as a token of the Pope's personal admiration for the Elector. He was furnished with numerous letters from His Holiness to the Elector, to some of the Saxon councillors, to the magistrates of Wittenberg, in all of which Luther figured as a child of the Devil. The phrase was probably forgotten when Leo wrote to Luther some time afterwards and called him his dear son.

When Miltitz got among German speaking people he found that the state of matters was undreamt of at the papal court. He was a German, and knew the Germans. He could see, what the Cardinal-Legate had never perceived, that he had to deal not with the stubbornness of a recalcitrant monk, but with the slow movement of a nation. When he visited his friends and relations in Augsburg and Nürnberg, he found that three out of five were on Luther's side. He came to the wise resolution that he would see both Luther and Tetzel privately before producing his credentials. Tetzel he could not see. The unhappy man wrote to Miltitz that he dared not stir from his convent, so greatly was he in danger from the violence of the people. Miltitz met Luther in the house of Spalatin; he at once disowned the speeches of the pardon-sellers; he let it be seen that he did not think much of the Cardinal-Legate's methods of action; he so prevailed on Luther that the latter promised to write a submissive letter to the Pope, to advise people to reverence the Roman See, to say that Indulgences were useful in the remission of canonical penances. Luther did all this; and if the Roman Curia had supported Miltitz there is no saying how far the reconciliation would have gone. But the Roman Curia did not support the papal chamberlain, and Miltitz had also to reckon with John Eck, who was burning to extinguish Luther in a public discussion.

The months between his interview at Augsburg (October 1518) and the Disputation with John Eck at Leipzig (June 1519) had been spent by Luther in hard and disquieting studies. His opponents had confronted him with the Pope's absolute supremacy in all ecclesiastical matters. This was one of Luther's oldest inherited beliefs. The Church had been for him “the Pope's House,” in which the Pope was the house-father, to whom all obedience was due. It was hard for him to think otherwise. He had been re-examining his convictions about justifying faith and attempting to trace clearly their consequences, and whether they did lead to his declarations about the efficacy of Indulgences. He could come to no other conclusion. It became necessary to investigate the evidence for the papal claim to absolute authority. He began to study the Decretals, and found, to his amazement and indignation, that they were full of frauds; and that the papal supremacy had been forced on Germany on the strength of a collection of Decretals many of which were plainly forgeries. It is difficult to say whether the discovery brought more joy or more grief to Luther. Under the combined influences of historical study, of the opinions of the early Church Fathers, and of the Holy Scriptures, one of his oldest landmarks was crumbling to pieces. His mind was in a whirl of doubt. He was half-exultant and half-terrified at the result of his studies; and his correspondence reveals how his mood of mind changed from week to week. It was while he was thus “on the swither,” tremulously on the balance, that John Eck challenged him to dispute at Leipzig on the primacy and supremacy of the Roman Pontiff. The discussion might clear the air, might make himself see where he stood. He accepted the challenge almost feverishly.