The same spirit of bold defiance and determination not to compromise the divine truth in any way animated the Elector and practically all of the princes and theologians at Smalcald, with, perhaps, the sole exception of Melanchthon. Koestlin writes: "Meanwhile the allies at Smalcald displayed no lack of 'hatred against the Pope.' His letters, delivered by the legate, were returned unopened. They decidedly refused to take part in the council, and that in spite of the opinion of their theologians, whose reasons Melanchthon again ardently defended. For, as they declared in an explanation to all Christian rulers, they could not submit to a council which, according to the papal proclamation, was convoked to eradicate the Lutheran heresy, would consist only of bishops, who were bound to the Pope by an oath, have as its presiding officer the Pope, who himself was a party to the matter, and would not decide freely according to the Word of God, but according to human and papal decrees. And from the legal standpoint they could hardly act differently. Theologians like Luther could have appeared even before such a council in order to give bold testimony before it. Princes, however, the representatives of the law and protectors of the Church, dared not even create the appearance of acknowledging its legality." (2, 402.) 65. Opinion of Theologians. August 6 the Wittenberg professors assembled to deliberate on Brueck's articles and the views of the Elector. The opinion resolved upon was drawn up by Melanchthon. Its contents may be summarized as follows: The Lutherans must not reject the papal invitation before hearing whether the legate comes with a citation or an invitation. In case they were invited like the rest of the princes to take part in the deliberations, and not cited as a party, this would mean a concession on the part of the Pope, inasmuch as he thereby consented "that the opinion of our gracious Lord [the Elector] should be heard and have weight, like that of the other estates." Furthermore, by such invitation the Pope would indicate that he did not consider these princes to be heretics. If the legate were rebuffed the Romanists would proceed against the Lutherans as obstinate sinners (_contumaces_) and condemn them unheard, which, as is well known, would please the enemies best. The Lutherans would then also be slandered before the Emperor as despisers of His Majesty and of the council. Nor did the mere hearing of the legate involve an acknowledgment of the papal authority. "For with such invitation [to attend the council] the Pope does not issue a command, nor summon any one to appear before his tribunal, but before another judge, namely, the Council, the Pope being in this matter merely the commander of the other estates. By hearing the legate, therefore, one has not submitted to the Pope or to his judgments.... For although the Pope has not the authority to summon others by divine law, nevertheless the ancient councils, as,