It was this ordinance which called forth the celebrated PROTEST, from
which comes the name _Protestant_. The Protest was read in the Diet on the
day (April 19th, 1529) when all concessions to the Lutherans had been
refused. Ferdinand and the other imperial commissioners would not permit
its publication in the “recess,” and the protesters had a legal instrument
drafted and published, in which they embodied the Protest, with all the
necessary documents annexed. The legal position taken was that the
unanimous decision of one Diet (1526) could not be rescinded by a majority
in a second Diet (1529). The Protesters declared that they meant to abide
by the “recess” of 1526; that the “recess” of 1529 was not to be held
binding on them, because they were not consenting parties. When forced to
make their choice between obedience to God and obedience to the Emperor,
they were compelled to choose the former; and they appealed, from the
wrongs done to them at the Diet, to the Emperor, to the next free General
Council of Holy Christendom, or to an ecclesiastical congress of the
German nation. The document was signed by the Elector John of Saxony,
Margrave George of Brandenburg, Dukes Ernest and Francis of
Brunswick-Lüneburg, Landgrave Philip of Hesse, and Prince Wolfgang of
Anhalt. The fourteen cities which adhered were Strassburg, Nürnberg, Ulm,
Constance, Lindau, Memmingen, Kempten, Nördlingen, Heilbronn, Reutlingen,
Isny, St. Gallen, Wissenberg, and Windsheim. Many of these cities were
Zwinglian rather than Lutheran; but all united in face of the common
danger.
The Protest at Speyer embodied the principle, not a new one, that a
minority of German States, when they felt themselves oppressed by a
majority, could entrench themselves behind the laws of the Empire; and the
idea is seen at work onward to the Diet of 1555, when it was definitely
recognised. Such a minority, to maintain a successful defence, had to be
united and able to protect itself by force if necessary. This was at once
felt; and three days after the Protest had been read in the Diet (April,
22nd), Electoral Saxony, Hesse, and the cities of Strassburg, Ulm, and
Nürnberg had concluded a “secret and particular treaty.” They pledged
themselves to mutual defence if attacked on account of God’s word, whether
the onslaught came from the Swabian League, from the _Reichsregiment_, or
from the Emperor himself. Soon after the Diet, proposals were brought
forward to make the compact effective and extensive,—one drafted by
representatives of the cities and the other by the Elector of
Saxony,—which provided very thoroughly for mutual support; but neither
took into account the differences which lay behind the Protest. These
divergences were strong enough to wreck the union.
The differences which separated the German Protestants were not wholly
theological, although their doctrinal disputes were most in evidence.
§ 3. Luther and Zwingli.
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