11. In the church of Rome it may be said there were two parties, one of which held that the pope's power was supreme--superior to all other authority in the church; the other maintained that the pope's authority was subordinate to that of a general council of the whole church. The latter party was quite strong in Germany, so that a great many sustained Luther in his appeal to a general council. Even Duke George of Saxony favored the calling of such a council. Said he:--"The scandalous conduct of the clergy is a very fruitful source of the destruction of poor souls. There must be a universal reformation; and this cannot be better effected than by a general council. It is therefore the most earnest wish of us all, that such a measure be adopted."--Milner's Church Hist. vol. iv, ch. v, (Note.) 12. Milner's Church Hist., vol. IV, p. 405. 13. Milner's Church Hist., vol. IV, ch. iv. 14. The diet was a great council of the German empire, consisting of the princes, provincial rulers and the chief dignitaries of the church. The diet from the 10th century had assumed the right of electing the emperor of Germany, subject to confirmation by the pope, by whom alone he could be crowned. The diet was also usually assembled for the consideration of very important matters pertaining to the empire. 15. Mosheim (Murdock) vol. iii, bk. iv, cent. xvi, sec. i, ch. ii. 16. The Emperor was not present at this second diet at Spire. He was absent in Spain. "They appealed to the emperor, to a future council of the German nation, and lastly to every impartial judge. For they believed that a majority of votes in a diet could decide a secular question, but not a spiritual or religious question; they appealed to the emperor, not as recognizing him as their judge in a matter of religion, but merely that he might allow their appeal to a council to be valid."--Schlegel. 17. Before the diet rose the cities Kempten, Heilbronn Windsheim, and Weisenburg also subscribed; and afterwards many more. It was immediately printed and soon spread all over Europe, and was translated into various languages. It thus became of great service to the Protestant cause; for it was a very able document and was drawn up in a most judicious manner.--Murdock. 18. The Protestant princes had held that the election of Ferdinand to be king of the Romans was contrary to the laws of the empire. 19. Luther himself testifies to this. In the Latin preface to the first volume of his works, the Reformer says: "In the year 1517, when I was a young preacher, and dissuaded the people from purchasing indulgences. * * * I felt assured I should have the pope on my side: for he himself, in his public decrees had condemned the excesses of his agents in this business." 20. The foregoing six statements of fact I have summarized from M. Guizot's excellent work on the Civilization of Europe. 21. D'Aubigne's Hist. Ref., vol. I, pages 82, 83. 22. D'Aubigne's Hist. Ref., vol. I; book III, page 119.