In the Year of Our Lord 1521

An OHS Mock Trial

In the year of our lord 1521,

The trial of Martin Luther.

On the charge of heresy before the Diet of Worms

Uniquely restaged in Oswego, Illinois

Trial Preparation

Judge

-  Know how to run the show… control the courtroom

-  Be prepared to think on your feet

Lead Attorneys

-  Assign witnesses and closing statements

-  In charge of opening statement and cross-examination of witnesses

Attorneys

-  Develop at least six questions you will ask.

-  Help your witness create answers to those questions

-  Avoid closed questions (“Yes “ or “No” questions)

-  Make the witness explain the information well

-  Paragraph opinion of Martin Luther (From your character’s perspective)

Witnesses

-  Know your stuff

-  Work with the attorney to develop answers to the questions

-  Paragraph biography of your character

-  Your character’s opinion of Luther (should be evident on witness stand)

Bring your roles to Life!!!

Participants

Trial Leaders / Witnesses
Judge (Emperor Charles V) / Albrecht Durer
Pope Leo X
Prosecution Attorneys / Johann Tetzel
Led by Cardinal Cajetan / Erasmus
St. Augustine
Defense Attorneys / Frederick the Wise
Led by Philip Melanchthon / Pitchfork John
Henry VIII
Jury Members / John Calvin
John Huss
Sir Thomas More
Tomas de Torquemada
St. Ignatius de Loyola

Description of the Events:

“Hier stehe Ich. Kann nicht anders.”

(Here I stand. I can do no other.)

The moment Martin Luther said those words has been called one of the greatest moments in the modern history of man. Refusing to admit guilt for what he had repeatedly published over the past four years, Luther, a German monk, was directly challenging the authority and teachings of Western Christendom and the man believed by Catholics to be the human representative of God on Earth: The Pope, more specifically, Pope Leo X. Luther was doing just what his ancestors, the Goths, had done centuries before; challenging the power of Rome. But in the 16th century, Rome was not a symbol of Roman authority, but of Christ and Christianity. Luther’s words and actions would change the course of history.

In order to finance wars and entice young men to fight, the church began selling “indulgences” around the time of the Crusades. The concept behind an indulgence, as simple sealed letter, was straightforward. Anyone purchasing an indulgence would receive “complete absolution and remission of all sins”, and “preferential treatment for future sins.” Although the idea of purchasing salvation was appealing to nearly everyone, some questioned the promise the indulgence made and the uses of the money raised. Those concerns and doubts increased as popes began spending more money on art, extravagant churches (like St. Peters in Rome) and what many thought were unnecessary luxuries. The position of pope was not universally worshipped. Anti-papal feeling was high , especially in Germany, a country whose reputation in Western Europe was bolstered by the discovery of movable type by Johann Gutenberg in Mainz and by the tremendously powerful Fugger Bank. The abuses by the clergy deeply distressed some leading philosophers, like Erasmus, the Humanist. Even church leaders were critical of their own. One abbot described the behavior of his fellow monks this way:

“The whole day is spent in filthy talk; their whole time is given to play and gluttony. They neither fear nor love God, they have not thought of the life to come, preferring their fleshy lusts to the needs of the soul…They scorn the vow of poverty, know not of chastity, revile that of obedience…The smoke of their filth ascends all around.”

Another monk noted that “many convents… differ little from public brothels.” Descriptions such as these were far from rare.

Luther’s role began a day before All Saints Day, on October 31, 1517. Luther posted his “Ninety-Five Theses” on the door of the Castle Church at Wittenberg. Luther’s argument was simple: selling “pardons” like souvenirs trivialized sin. He criticized the pope for claiming to be able to reach beyond the grave and “spring” soul from purgatory. Following the posting of the “Ninety-Five Theses” the sale of indulgences plunged outside of Saxony, the region surrounding Wittenberg. And word spread across Western Europe, spontaneous demonstrations for or against Luther erupted. According to one historian, “Luther had done the unthinkable- he had flouted the ruler of the universe.”

Various archbishops called for heresy proceeding against Luther to begin immediately. Meanwhile, Luther continued to publish other pamphlets, condemning everything from relics and pilgrimages to the Holy City of Rome and extravagant claims of powers of the saints. With the advent of movable type, Luther’s ideas spread quickly. His confidence grew and so did his isolation. Pope Leo X finally summoned Luther to Rome.

Heresy is defined as maintaining a religious opinion or doctrine at variance with the accepted doctrine, in this case, the doctrine of the Church. In the middle ages, heresy was considered a serious and dangerous crime. Nothing disturbed the peace as much as religious dissent and conflict. A uniform public faith was looked upon as necessary for peace and prosperity.

It is difficult for the modern mind to see religious belief as something objective… as something outside the realm of free private judgment. In the middle ages, this was not the case. Many people thought that God designated the Church as the sole authority on religious matters. If there were abuses within the Church, reform should come from within.

The Pope insisted Luther issue a public retraction and swears to never again questions papal authority. Luther flatly refused. With the help of the German King Frederick the Wise, Luther escaped Rome and when he returned to Wittenberg, he recorded his encounter with the Pope. The more Luther wrote, the more the Pope knew something had to be done. The pope issued a Papal Bull (called so because it carried the papal symbol, a bull) excommunicating Luther. Luther burned the papal bull, claiming if the Church was burning his writings, he would burn theirs.

Although Pope Leo reacted slowly to Luther from the beginning (Leo was deeply distressed over the recent death of his favorite artist, Raphael), Luther was called before the Imperial Diet of Worms in April 1521. Many believe the birth of the modern world followed.

Procedures for the Trial

The trial will begin with the lead attorneys for both sides (Cardinal Cajetan and Philip Melanchthon) issuing Opening Statements. The Opening Statements presents the respective opinions of the prosecution or defense in the case. The Opening Statements are brief (2-3 minutes) yet give sufficient background information previewing what the jury will see and hear from their side during the trial. The Opening Statement can also be used as an opportunity to discredit the opposition.

Four (4) attorneys from each side will be responsible for questioning witnesses. They will need to write up a list of six (6) questions that reflect both their side in the case and their knowledge of the witness. Those attorneys will determine in advance who they will question. It is permissible to work with witnesses before the trial. You may also question a witness you hope to discredit by questioning his or her knowledge or reasoning. Each side will choose four (4) witnesses at the end of the workday. Witnesses who are selected will become members of the jury.

After the attorney finishes questioning a witness, the opponents, as a team, may cross-examine that witness. They are limited to two (2) questions. Following the questioning period, one attorney from both sides will issue a Closing Statement. Closing Statements summarize the case presented and reinforce to the jury the position of the prosecution or defense. Closing Statements refer to specific events in the trial (like a response by a certain witness). The two attorney need to keep good notes during the proceedings to ensure the Closing Statement accurately reflects the trial.

The Judge, Emperor Charles V, is solely responsible for controlling the courtroom, ensuring the proper order of events is followed (by calling attorneys to make statements, or calling witnesses to the stand and swearing them in) and responding appropriately to objections from the attorneys. The Judge needs to read and take notes on the Witness Information Sheets prior to the trial and know the procedures of the trial.

Witnesses need to work with attorney that will question them and need to know their information in order to answer questions accurately. Information can be gathered on the work day. Witnesses and attorneys also need to work together to determine what evidence needs to be introduced at the trial to help their case. Evidence will need to be brought to the trial on the trial date.

Jury members will be responsible for determining the outcome of the cased based on the evidence presented. Solid notes during the case are critical.

Participants

Emperor Charles V

Emperor Charles V, formally Carlos I of Spain, was elected Emperor of the Holy Roman Empire in 1519 after the death of Maximilian and in the heat of the battle between Martin Luther and the Pope. While the conflict between the Pope and Luther certainly concerned him, Charles was more obsessed with the “Turkish menace.” He deeply feared the Holy Roman Empire would fall to invaders from the East. Although his loyalties to the Pope are crystal clear (a legacy of Charlemagne, of course), Charles was deeply indebted (financially) to the powerful German Fugger Bank. Through numerous bribes, Charles literally bough the holy emperor’s throne with borrowed money.

Cardinal Cajetan

Cardinal Cajetan, acting under the authority of Pope Leo X, was familiar with Martin Luther prior to the Diet of Worms. Three years earlier, the Pope sent Cajetan, who had a formidable intellectual reputation, to either secure reconciliation from Luther, or if he would not recant, bring him “bound to Rome”. To Cajetan, the only issue to be settled was not one of guilt or innocence, but that of the sentence to be handed to Luther. From the beginning, Cajetan and Luther were at odds with another, arguing sometimes over grammar and word usage rather than the real issues of faith and papal “abuses”.

Philip Melanchthon

Philip Melanchthon, only 22 years of age, was the most articulate defender of Martin Luther. Like Luther, Melanchthon was on the faculty at Wittenberg and had already begun to gain a scholarly reputation in Europe. Melanchthon, who walked with a hitch in his shoulder, once was described by his colleague Luther as a “scrawny shrimp”. But what he lacked in size, Melanchthon clearly made up for in the academic arena. His friendship with Erasmus, with whom Luther quarreled, was of incredible value.

Frederick the Wise

Although of the nobility, Frederick of Saxony, an elector of the Holy Roman Emperor, was not unlike other that lived and worked in that region of Germany. He resented the huge amounts of money that was “taken” from Germany (in the forms of donations and indulgence receipts) and sent to Rome. Frederick himself was a compulsive collector of relics from the Holy Land. Included in his collection of nearly 20,000 relics were the (supposed) threads of Mary and Joseph’s clothing, bits of the Holy cradle and the remains of infants slaughtered by ancient kings. When Pope Leo X decided to announce another indulgence-selling campaign to finance the completion of St. Peter’s, he wanted to concentrate his new sales campaign on a region that was giving him trouble, Germany. Frederick drew the line. He barred Johann Tetzel, the Pope’s master salesman, from selling the new indulgences in Saxony. Frederick was rumored to have supported the reforms proposed by Luther, but he never did so on record. He did, however, ensure that Luther was tried in Germany (at Worms) and not in Rome, where the favored punishment of burning at the stake was a much more likely outcome.

Pope Leo X

“God has given us the Papacy. Let us enjoy it.”

Some doubt that Giovanni de Medici, who became Pope Leo X in 1513, ever wrote those words, though they are credited to him. Authentic or not, they are perfectly characteristic of the papacy of Leo. Leo was short, fat, flabby and adorned on his hands were sparkling ring on nearly every finger. Contrasting the blood and wars of Julius II, Leo, in typical Medici fashion, turned everything, even the most trivial ceremony, into a lavish affair, including fireworks, cavalries of white horses and golden tapestries to record the occasion. His ruling principle was simple: avoid trouble as far as he could and then accept the inevitable only when he had to. Everyone, it seemed, except Leo, knew dissent was brewing in some form as soon as he took the position of Pope. In 1515, Italian historian Francesco Guicciardini wrote, “Reverence for the Papacy has been lost in the hearts of men.” Leo’s reign as pope called the “Golden Age” not because of the great things done but because of the amount of golden coins that flooded in and out of Rome from indulgences and commissions. For example, Leo once had a 120 mile road specially built to take marble to a chapel Michelangelo was working on that would hold the tomb of Leo after his passing. He was also fond of Raphael, who replaced Pope Julius II’s architect, Bramante. Raphael’s most important duty was to oversee the construction of St. Peter’s in Rome, a “true house of God,” according to Julius. (At this time, Michelangelo was working on the sculptures, like Moses, that would be part of Julius’ tomb and be placed in the nave of St. Peter’s, under the dome.) In order to finance this massive project, Pope Leo initiated a huge indulgence-selling campaign in and around a particularly rebellious region, Germany. He broadened the scope of the indulgence to include not only the forgiveness of sins for those on Earth, but also for those who have already passed. Many were convinced they needed to buy indulgences to ensure that relatives that passed before them were not living a life of eternal damnation. It is estimated that during his term as Pope, Leo spent six times the money collected. When he passed his legacy had caught up with him. At his funeral, one observer noted that the only candle to be found to light the inside of Leo’s coffin was a stub of wax leftover from the funeral of a cardinal the week earlier.